38-1,100.  Credential; disciplinary action; revocation; effect.If revocation is imposed pursuant to section 38-196, the credential holder shall not engage in the practice of the profession after a credential to practice such profession is revoked. Such revocation shall be for all times, except that at any time after the expiration of two years, application may be made for reinstatement pursuant to section 38-148.Source Laws 2007, LB463,  100. 
38-1,101.  Contested cases; chief medical officer; duties.If a chief medical officer is appointed pursuant to section 81-3115, he or she shall perform the duties of the director for decisions in contested cases under the Uniform Credentialing Act other than contested cases under sections 38-1,119 to 38-1,123.Source  Laws 1997, LB 622,  78;  Laws 2001, LB 398,  21;  Laws 2003, LB 245,  11;   R.S.1943, (2003),  71-155.01;  Laws 2007, LB296,  308;  Laws 2007, LB463,  101. 
38-1,102.  Appeal; procedure.Both parties to disciplinary proceedings under the Uniform Credentialing Act shall have the right of appeal, and the appeal shall be in accordance with the Administrative Procedure Act. The case shall be heard at a time fixed by the district court. It shall be advanced and take precedence over all other cases upon the court calendar except worker's compensation and criminal cases.Source   Laws 1927, c. 167,  58, p. 469;   C.S.1929,  71-613;   Laws 1943, c. 150,  14, p. 544;   R.S.1943,  71-159;   Laws 1976, LB 877,  5;  Laws 1988, LB 352,  113;   R.S.1943, (2003),  71-159;  Laws 2007, LB463,  102. Cross References  Administrative Procedure Act, see section 84-920.Annotations The power of courts to review the action of a professional board of examiners in its refusal to recommend reinstatement of a revoked license is not decided, but if such power exists, it is limited to a determination based on whether or not the board's action was arbitrary or capricious. Coil v. Department of Health, 189 Neb. 606, 204 N.W.2d 167 (1973).
38-1,103.  Consultant to department from board; authorized.A board may designate one of its professional members to serve as a consultant to the department in reviewing complaints and on issues of professional practice that may arise during the course of an investigation. Such consultation shall not be required for the department to evaluate a complaint or to proceed with an investigation. A board may also recommend or confer with a consultant member of its profession to assist the board or department on issues of professional practice.Source Laws 2007, LB463,  103. 
38-1,104.  Complaint; decision not to investigate; notice; review; notice to credential holder; when.(1) If the department determines that a complaint will not be investigated, the department shall notify the complainant of such determination. At the request of the complainant, the appropriate board may review the complaint and provide its recommendation to the department on whether the complaint merits investigation.(2) The department shall notify the credential holder that a complaint has been filed and that an investigation will be conducted except when the department determines that such notice may prejudice an investigation.Source Laws 2007, LB463,  104. 
38-1,105.  Investigations; department; progress reports to appropriate board; board review; board; powers and duties; review by Attorney General; meetings in closed session.(1) The department shall advise the appropriate board on the progress of investigations. If requested by the complainant, the identity of the complainant shall not be released to the board.(2) When the department determines that an investigation is complete, the department shall consult with the board to obtain its recommendation for submission to the Attorney General. In making a recommendation, the board may review all investigative reports and have full access to the investigational file of the department and any previous investigational information in the files of the department on the credential holder that may be relevant to the investigation, except that (a) reports or other documents of any law enforcement agency provided to the department shall not be available for board review except to the extent such law enforcement agency gives permission for release to the board and (b) reports provided by any other agency or public or private entity, which reports are confidential in that agency's or entity's possession and are provided with the express expectation that the report will not be disclosed, may be withheld from board review.(3) The recommendation of the board shall be made part of the completed investigational report of the department and submitted to the Attorney General. The recommendation of the board shall include, but not be limited to:(a) The specific violations of any statute, rule, or regulation that the board finds substantiated based upon the investigation;(b) Matters which the board believes require additional investigation; and(c) The disposition or possible dispositions that the board believes appropriate under the circumstances.(4) If the department and the board disagree on the basis for investigation or if the board recommends additional investigation and the department and board disagree on the necessity of additional investigation, the matter shall be forwarded to the Attorney General for review and determination.(5) All meetings of the boards or between a board and staff of the department or the Attorney General on investigatory matters shall be held in closed session, including the voting of the board on any matter pertaining to the investigation or recommendation.Source Laws 2007, LB463,  105. 
38-1,106.  Reports, complaints, and records not public records; limitations on use; prohibited disclosure; penalty; application material; how treated; confidentiality.(1) Reports under sections 38-1,129 to 38-1,136, complaints, and investigational records of the department shall not be public records, shall not be subject to subpoena or discovery, and shall be inadmissible in evidence in any legal proceeding of any kind or character except a contested case before the department. Such reports, complaints, or records shall be a public record if made part of the record of a contested case before the department. No person, including, but not limited to, department employees and members of a board, having access to such reports, complaints, or investigational records shall disclose such information in violation of this section, except that the department may exchange such information with law enforcement and other state licensing agencies as necessary and appropriate in the discharge of the department's duties and only under circumstances to ensure against unauthorized access to such information. Violation of this subsection is a Class I misdemeanor.(2) Investigational records, reports, and files pertaining to an application for a credential shall not be a public record until action is taken to grant or deny the application and may be withheld from disclosure thereafter under section 84-712.05.(3) The identity of any person making a report, providing information leading to the making of a report, or otherwise providing information to the department, a board, or the Attorney General included in such reports, complaints, or investigational records shall be confidential whether or not the record of the investigation becomes a public record.Source  Laws 2007, LB463,  106;  Laws 2016, LB750,  4.  Annotations The evidentiary privilege under this section belongs to the Department of Health and Human Services, not the credential holder, and is limited to protecting the department's incident reports, complaints, and investigatory records when they are not included in a contested hearing. It does not preclude discovery of information available independent of the department's investigation. Stetson v. Silverman, 278 Neb. 389, 770 N.W.2d 632 (2009).
38-1,107.  Violations; department; Attorney General; powers and duties; applicability of section.(1) Except as provided in subsection (2) of this section, the department shall provide the Attorney General with a copy of all complaints it receives and advise the Attorney General of investigations it makes which may involve any possible violation of statutes or rules and regulations by a credential holder. The Attorney General shall then determine which, if any, statutes, rules, or regulations the credential holder has violated and the appropriate legal action to take. The Attorney General may (a) elect to file a petition under section 38-186 or not to file a petition, (b) negotiate a voluntary surrender or voluntary limitation pursuant to section 38-1,109, or (c) in cases involving a minor or insubstantial violation, refer the matter to the appropriate board for the opportunity to resolve the matter by recommending to the Attorney General that he or she enter into an assurance of compliance with the credential holder in lieu of filing a petition. An assurance of compliance shall not constitute discipline against a credential holder.(2) This section does not apply to the following professions or businesses: Asbestos abatement, inspection, project design, and training; lead-based paint abatement, inspection, project design, and training; medical radiography; and radon detection, measurement, and mitigation.Source  Laws 1984, LB 481,  2;  Laws 1986, LB 286,  76;  Laws 1986, LB 579,  68;   Laws 1991, LB 456,  25;  Laws 1994, LB 1210,  52;  Laws 1999, LB 828,  58;   R.S.1943, (2003),  71-171.01;  Laws 2007, LB463,  107;  Laws 2021, LB148,  50.  
38-1,108.  Referral to board; assurance of compliance; recommendation.Upon referral of a matter under section 38-1,107 by the Attorney General, the board may:(1) Advise the Attorney General on the content of an agreement to serve as the basis of an assurance of compliance. The Attorney General may contact the credential holder to reach, by voluntary agreement, an assurance of compliance. The assurance shall include a statement of the statute, rule, or regulation in question, a description of the conduct that would violate such statute, rule, or regulation, the assurance of the credential holder that he or she will not engage in such conduct, and acknowledgment by the credential holder that violation of the assurance constitutes unprofessional conduct. Such assurance shall be signed by the credential holder and shall become a part of the public record of the credential holder. The credential holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission; or(2) Recommend that the Attorney General file a petition under section 38-186.Source   Laws 1991, LB 456,  26;  Laws 1994, LB 1210,  53;  Laws 1997, LB 23,  7;  Laws 1999, LB 828,  59;   R.S.1943, (2003),  71-171.02;  Laws 2007, LB463,  108. 
38-1,109.  Credential holder; voluntarily surrender or limit credential; department; powers; written order of director; violation of terms and conditions; effect.(1) A credential holder may submit to the department an offer to voluntarily surrender or limit any credential issued by the department pursuant to the Uniform Credentialing Act. Any such offer may be made to surrender or limit the credential permanently, for an indefinite period of time, or for a specific or definite period of time. The offer shall be made in writing and shall include (a) the reason for the offer of voluntary surrender or limitation, (b) whether the offer is for a permanent, indefinite, or definite period of time, and (c) any terms and conditions that the credential holder wishes to have the department consider and apply to the voluntary surrender or limitation of the credential.(2) The department may accept an offer of voluntary surrender or limitation of a credential (a) based on an offer made by the credential holder on his or her own volition, (b) based on an offer made with the agreement of the Attorney General for cases brought under section 38-1,107 or the legal counsel of the department for cases brought under sections 38-1,119 to 38-1,123 to resolve a pending disciplinary matter, (c) in lieu of filing a petition for disciplinary action, or (d) in response to a notice of disciplinary action.(3) The department may reject an offer of voluntary surrender of a credential under circumstances which include, but are not limited to, when such credential (a) is under investigation, (b) has a disciplinary action pending but a disposition has not been rendered, or (c) has had a disciplinary action taken against it.(4) In all instances, the decision shall be issued in the form of a written order by the director. The order shall be issued within thirty days after receipt of the offer of voluntary surrender or limitation and shall specify (a) whether the department accepts or rejects the offer of voluntary surrender and (b)(i) the terms and conditions under which the voluntary surrender is accepted or (ii) the basis for a rejection of an offer of voluntary surrender. The terms and conditions governing the acceptance of a voluntary surrender shall include, but not be limited to, the duration of the surrender, whether the credential holder may apply to have the credential reinstated, and any terms and conditions for any such reinstatement.(5) A limitation may be placed upon the right of the credential holder to practice a profession or operate a business to such extent, for such time, and under such conditions as imposed by the director.(6) Violation of any of the terms and conditions of a voluntary surrender or limitation by the credential holder shall be due cause for the refusal of renewal of the credential, for the suspension or revocation of the credential, or for refusal to restore the credential.Source   Laws 1976, LB 877,  16;  Laws 1986, LB 926,  35;   R.S.1943, (2003),  71-161.11;  Laws 2007, LB463,  109. 
38-1,110.  Complaint alleging dependence or disability; director; investigation; report; review by board; finding; effect.(1) When the department has received a complaint or report by any person or any report has been made to the director by the Licensee Assistance Program under section 38-175 alleging that an applicant for a credential or a person credentialed to practice any profession is suffering from abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance that impairs the ability to practice the profession or illness, deterioration, or disability that impairs the ability to practice the profession, the director shall investigate such complaint to determine if any reasonable cause exists to question the qualification of the applicant or credential holder to practice or to continue to practice such profession.(2) If the director on the basis of such investigation or, in the absence of such complaint, upon the basis of his or her own independent knowledge finds that reasonable cause exists to question the qualification of the applicant or credential holder to practice such profession because of abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance that impairs the ability to practice the profession or illness, deterioration, or disability that impairs the ability to practice the profession, the director shall report such finding and evidence supporting it to the appropriate board.(3) If such board agrees that reasonable cause exists to question the qualification of such applicant or credential holder, the board shall appoint a committee of three qualified physicians or other qualified professionals to examine the applicant or credential holder and to report their findings and conclusions to the board. The cost of the examination shall be treated as a base cost of credentialing under section 38-152. The board shall then consider the findings and the conclusions of the physicians or other qualified professionals and any other evidence or material which may be submitted to that board by the applicant or credential holder, by the director, or by any other person and shall then determine if the applicant or credential holder is qualified to practice or to continue to practice such profession in the State of Nebraska.(4) If such board finds the applicant or credential holder to be not qualified to practice or to continue to practice such profession because of abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance that impairs the ability to practice the profession or illness, deterioration, or disability that impairs the ability to practice the profession, the board shall so certify that fact to the director with a recommendation for the denial, refusal of renewal, limitation, suspension, or revocation of such credential. The director shall thereupon deny, refuse renewal of, suspend, or revoke the credential or limit the ability of the credential holder to practice such profession in the state in such manner and to such extent as the director determines to be necessary for the protection of the public.Source   Laws 1976, LB 877,  18;  Laws 1986, LB 286,  65;  Laws 1986, LB 579,  57;   Laws 1991, LB 456,  20;  Laws 1996, LB 1044,  393;  Laws 1999, LB 828,  49;  Laws 2001, LB 398,  23;   R.S.1943, (2003),  71-161.13;  Laws 2007, LB296,  315;  Laws 2007, LB463,  110. 
38-1,111.  Credential; disciplinary action because of physical or mental disability; duration; when issued, returned, or reinstated; manner.(1) The denial, refusal of renewal, limitation, or suspension of a credential as provided in section 38-1,110 shall continue in effect until reversed on appeal pursuant to section 38-1,113 or until the cause of such denial, refusal of renewal, limitation, or suspension no longer exists and the appropriate board finds, upon competent examination or evaluation by a qualified physician or other qualified professional selected or approved by the department, that the applicant or credential holder is qualified to engage in the practice of the profession. The cost of the examination or evaluation shall be paid by the applicant or credential holder.(2) Upon such finding the director, notwithstanding the provision of any other statute, shall issue, return, or reinstate such credential or remove any limitation on such credential if the applicant or credential holder is otherwise qualified as determined by the appropriate board to practice or to continue in the practice of the profession.Source   Laws 1976, LB 877,  19;  Laws 1986, LB 286,  66;  Laws 1986, LB 579,  58;  Laws 1994, LB 1210,  43;  Laws 1996, LB 1044,  394;  Laws 1999, LB 828,  50;   R.S.1943, (2003),  71-161.14;  Laws 2007, LB296,  316;  Laws 2007, LB463,  111. 
38-1,112.  Refusal to submit to physical or mental examination or chemical dependency evaluation; effect.Refusal of an applicant or credential holder to submit to a physical or mental examination or chemical dependency evaluation requested by the appropriate board or the department pursuant to section 38-1,110 or 38-1,111 to determine his or her qualifications to practice or to continue in the practice of the profession for which application was made or for which he or she is credentialed by the department shall be just cause for denial of the application or for refusal of renewal or suspension of his or her credential automatically by the director until such examination or evaluation has been made.Source   Laws 1976, LB 877,  20;  Laws 1986, LB 286,  67;  Laws 1986, LB 579,  59;  Laws 1994, LB 1210,  44;  Laws 1996, LB 1044,  395;  Laws 1999, LB 828,  51;   R.S.1943, (2003),  71-161.15;  Laws 2007, LB463,  112. 
38-1,113.  Disciplinary action involving dependence or disability; appeal.Any applicant or credential holder shall have the right to request a hearing on an order denying, refusing renewal of, limiting, suspending, or revoking a credential to practice a profession because of abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance that impairs the ability to practice the profession or illness, deterioration, or disability that impairs the ability to practice the profession. Such hearing shall be conducted in accordance with the Administrative Procedure Act. The denial, refusal of renewal, limitation, suspension, or revocation of a credential as provided in section 38-1,110 shall continue in effect until reversed on appeal unless otherwise disposed of pursuant to section 38-1,111.Source   Laws 1976, LB 877,  21;  Laws 1986, LB 286,  68;  Laws 1986, LB 579,  60;  Laws 1988, LB 352,  115;   Laws 1991, LB 456,  21;  Laws 1996, LB 1044,  396;  Laws 2001, LB 398,  24;   R.S.1943, (2003),  71-161.16;  Laws 2007, LB296,  317;  Laws 2007, LB463,  113. Cross References  Administrative Procedure Act, see section 84-920.
38-1,114.  Practicing profession or business without credential; injunction.Any person engaging in the practice of any profession or business without the appropriate credential may be restrained by temporary and permanent injunctions.Source   Laws 1927, c. 167,  63, p. 471;   C.S.1929,  71-801;   Laws 1943, c. 150,  17, p. 546;   R.S.1943,  71-164;  Laws 1994, LB 1210,  48;   R.S.1943, (2003),  71-164;  Laws 2007, LB463,  114. Annotations  A person engaging in the practice of medicine and surgery without the required statutory license may be restrained by injunction. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941). Under former statute, an injunction would not lie to prevent an unlicensed chiropractor from practicing, as a criminal action was deemed to afford an adequate remedy at law. State v. Maltby, 108 Neb. 578, 188 N.W. 175 (1922). 
38-1,115.  Prima facie evidence of practice without being credentialed; conditions.It shall be prima facie evidence of practice without being credentialed when any of the following conditions exist:(1) The person admits to engaging in practice;(2) Staffing records or other reports from the employer of the person indicate that the person was engaged in practice;(3) Billing or payment records document the provision of service, care, or treatment by the person;(4) Service, care, or treatment records document the provision of service, care, or treatment by the person;(5) Appointment records indicate that the person was engaged in practice;(6) Government records indicate that the person was engaged in practice; and(7) The person opens a business or practice site and announces or advertises that the business or site is open to provide service, care, or treatment.Source  Laws 2007, LB463,  115;  Laws 2021, LB148,  51.  
38-1,116.  Practicing without credential; operating business without credential; administrative penalty; procedure; disposition; attorney's fees and costs.(1) The department may assess an administrative penalty of ten dollars per day for each day that evidence exists of practice prior to issuance, renewal after expiration, or reinstatement of a credential to practice a profession or operate a business. The total penalty shall not exceed one thousand dollars.(2) When the department assesses an administrative penalty, the department shall provide written notice of the assessment to the person. The notice shall be delivered in the manner prescribed by the department and shall include notice of the opportunity for a hearing.(3) The department shall, within thirty days after receipt, remit an administrative penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska. An administrative penalty assessed and unpaid under this section shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property. The department may also collect in such action attorney's fees and costs incurred directly in the collection of the administrative penalty.Source  Laws 2003, LB 242,  29;   R.S.1943, (2003),  71-164.01;  Laws 2007, LB463,  116. 
38-1,117.  False impersonation; fraud; aiding and abetting; use of false documents; penalty.Any person who (1) presents to the department a document which is false or of which he or she is not the rightful owner for the purpose of procuring a credential, (2) falsely impersonates anyone to whom a credential has been issued by the department, (3) falsely holds himself or herself out to be a person credentialed by the department, (4) aids and abets another who is not credentialed to practice a profession that requires a credential, or (5) files or attempts to file with the department any false or forged diploma, certificate, or affidavit of identification or qualification shall be guilty of a Class IV felony.Source   Laws 1927, c. 167,  65, p. 471;   C.S.1929,  71-803;   R.S.1943,  71-166;  Laws 1977, LB 39,  141;  Laws 1986, LB 286,  73;  Laws 1986, LB 579,  65;  Laws 1986, LB 926,  38;  Laws 1994, LB 1210,  49;   R.S.1943, (2003),  71-166;  Laws 2007, LB463,  117. 
38-1,118.  General violations; penalty; second offenses; penalty.Any person violating any of the provisions of the Uniform Credentialing Act, except as specific penalties are otherwise imposed in the act, shall be guilty of a Class III misdemeanor. Any person for a second violation of any of the provisions of the act, for which another specific penalty is not expressly imposed, shall be guilty of a Class II misdemeanor.Source   Laws 1927, c. 167,  66, p. 471;   C.S.1929,  71-804;   R.S.1943,  71-167;  Laws 1977, LB 39,  142;   R.S.1943, (2003),  71-167;  Laws 2007, LB463,  118. Annotations Each treatment on different days constitutes a separate offense. Harvey v. State, 96 Neb. 786, 148 N.W. 924 (1914).
38-1,119.  Certain professions and businesses; sections applicable; initial credential; renewal of credential; denial or refusal to renew; department; powers.(1) Sections 38-1,119 to 38-1,123 apply to the following professions and businesses: Asbestos abatement, inspection, project design, and training; lead-based paint abatement, inspection, project design, and training; medical radiography; and radon detection, measurement, and mitigation.(2) If an applicant for an initial credential to practice a profession or operate a business does not meet all of the requirements for the credential, the department shall deny issuance of the credential. If an applicant for an initial credential or a credential holder applying for renewal of the credential has committed any of the acts set out in section 38-178 or 38-182, as applicable, the department may deny issuance or refuse renewal of the credential or may issue or renew the credential subject to any of the terms imposed under section 38-196 in order to protect the public.Source  Laws 2007, LB463,  119;  Laws 2021, LB148,  52.  
38-1,120.  Certain professions and businesses; disciplinary actions; grounds; advice of board; notice; hearing; director; decision; review.(1) A credential to practice a profession or operate a business subject to section 38-1,119 may be denied, refused renewal, or have disciplinary measures taken against it in accordance with section 38-196 on any of the grounds set out in section 38-178 or 38-182, as applicable. The department shall obtain the advice of the appropriate board in carrying out these duties. If the department determines to deny, refuse renewal of, or take disciplinary action against a credential, the department shall send to the applicant or credential holder a notice to the last address of record. The notice shall state the determination of the department, the reasons for the determination, a description of the nature of the violation and the statute, rule, or regulation violated, and the nature of the action being taken. The denial, refusal to renew, or disciplinary action shall become final thirty days after the mailing of the notice unless the applicant or credential holder, during such thirty-day period, makes a written request for a hearing.(2) The hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule and regulation. On the basis of such hearing, the director shall affirm, modify, or rescind the determination of the department. Any party to the decision shall have a right to judicial review under the Administrative Procedure Act.Source Laws 2007, LB463,  120. Cross References  Administrative Procedure Act, see section 84-920.
38-1,121.  Certain professions and businesses; disciplinary actions; confidentiality; immunity.A complaint submitted to the department regarding a credential holder subject to section 38-1,119 and the identity of any person making the complaint or providing information leading to the making of the complaint shall be confidential. Such persons shall be immune from criminal or civil liability of any nature, whether direct or derivative, for filing a complaint or for disclosure of documents, records, or other information to the department.Source  Laws 2007, LB463,  121;  Laws 2016, LB750,  5.  
38-1,122.  Certain professions and businesses; disciplinary actions; emergency; department; powers; hearing; director; decision; review.(1) If the department determines that an emergency exists requiring immediate action against a credential subject to section 38-1,119, the department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring such action be taken as the department deems necessary to meet the emergency, including, but not limited to, suspension or limitation of the credential. Such order shall become effective immediately. Any credential holder to whom such order is directed shall comply immediately. Such order shall become final ten days after mailing of the order unless the credential holder, during such period, makes a written request for a hearing.(2) The hearing shall be held as soon as possible and not later than fifteen days after the request for hearing. The hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule and regulation. On the basis of such hearing, the director shall affirm, modify, or rescind the order. Any party to the decision shall have a right to judicial review under the Administrative Procedure Act.Source Laws 2007, LB463,  122. Cross References  Administrative Procedure Act, see section 84-920.
38-1,123.  Certain professions and businesses; disciplinary actions; costs; how paid.If an order issued after a hearing under section 38-1,120 or 38-1,122 is adverse to the credential holder, the costs shall be charged to him or her as in ordinary civil actions in the district court, but if the department is the unsuccessful party, the department shall pay the costs. Witness fees and costs may be taxed according to the rules prevailing in the district court. All costs accrued at the instance of the department when it is the successful party, which the department certifies cannot be collected from the other party, shall be paid out of any available funds in the Professional and Occupational Credentialing Cash Fund.Source Laws 2007, LB463,  123. 
38-1,124.  Enforcement; investigations; violations; credential holder; duty to report; cease and desist order; violation; penalty; loss or theft of controlled substance; duty to report.(1) The department shall enforce the Uniform Credentialing Act and for that purpose shall make necessary investigations. Every credential holder and every member of a board shall furnish the department such evidence as he or she may have relative to any alleged violation which is being investigated.(2) Every credential holder shall report to the department the name of every person without a credential that he or she has reason to believe is engaged in practicing any profession or operating any business for which a credential is required by the Uniform Credentialing Act. The department may, along with the Attorney General and other law enforcement agencies, investigate such reports or other complaints of unauthorized practice. The director, with the recommendation of the appropriate board, may issue an order to cease and desist the unauthorized practice of such profession or the unauthorized operation of such business as a measure to obtain compliance with the applicable credentialing requirements by the person prior to referral of the matter to the Attorney General for action. Practice of such profession or operation of such business without a credential after receiving a cease and desist order is a Class III felony.(3) Any credential holder who is required to file a report of loss or theft of a controlled substance to the federal Drug Enforcement Administration shall provide a copy of such report to the department. This subsection shall not apply to pharmacist interns or pharmacy technicians.Source   Laws 1927, c. 167,  67, p. 472;   C.S.1929,  71-901;   R.S.1943,  71-168;  Laws 1986, LB 286,  74;  Laws 1986, LB 579,  66;   Laws 1991, LB 456,  23;  Laws 1994, LB 1210,  50;  Laws 1994, LB 1223,  10;  Laws 1995, LB 563,  2;  Laws 1996, LB 414,  1;  Laws 1997, LB 138,  42;  Laws 1997, LB 222,  4;  Laws 1999, LB 828,  55;  Laws 2000, LB 1115,  12;  Laws 2005, LB 256,  21;  Laws 2005, LB 306,  3;  Laws 2005, LB 361,  32;  Laws 2005, LB 382,  5;   R.S.Supp.,2006,  71-168;  Laws 2007, LB236,  7;  Laws 2007, LB463,  124;  Laws 2016, LB859,  2;  Laws 2017, LB166,  7.  
38-1,125.  Credential holder except pharmacist intern and pharmacy technician; incompetent, gross negligent, or unprofessional conduct; impaired or disabled person; duty to report.(1) Except as otherwise provided in section 38-2897, every credential holder shall, within thirty days of an occurrence described in this subsection, report to the department in such manner and form as the department may require whenever he or she:(a) Has first-hand knowledge of facts giving him or her reason to believe that any person in his or her profession:(i) Has acted with gross incompetence or gross negligence;(ii) Has engaged in a pattern of incompetent or negligent conduct as defined in section 38-177;(iii) Has engaged in unprofessional conduct as defined in section 38-179;(iv) Has been practicing while his or her ability to practice is impaired by alcohol, controlled substances, mind-altering substances, or physical, mental, or emotional disability; or(v) Has otherwise violated the regulatory provisions governing the practice of the profession;(b) Has first-hand knowledge of facts giving him or her reason to believe that any person in another profession:(i) Has acted with gross incompetence or gross negligence; or(ii) Has been practicing while his or her ability to practice is impaired by alcohol, controlled substances, mind-altering substances, or physical, mental, or emotional disability; or(c) Has been the subject of any of the following actions:(i) Loss of privileges in a hospital or other health care facility due to alleged incompetence, negligence, unethical or unprofessional conduct, or physical, mental, or chemical impairment or the voluntary limitation of privileges or resignation from the staff of any health care facility when that occurred while under formal or informal investigation or evaluation by the facility or a committee of the facility for issues of clinical competence, unprofessional conduct, or physical, mental, or chemical impairment;(ii) Loss of employment due to alleged incompetence, negligence, unethical or unprofessional conduct, or physical, mental, or chemical impairment;(iii) An adverse judgment, settlement, or award arising out of a professional liability claim, including a settlement made prior to suit in which the consumer releases any professional liability claim against the credentialed person, or adverse action by an insurance company affecting professional liability coverage. The department may define what constitutes a settlement that would be reportable when a credential holder refunds or reduces a fee or makes no charge for reasons related to a consumer complaint other than costs;(iv) Denial of a credential or other form of authorization to practice by any jurisdiction due to alleged incompetence, negligence, unethical or unprofessional conduct, or physical, mental, or chemical impairment;(v) Disciplinary action against any credential or other form of permit he or she holds taken by any jurisdiction, the settlement of such action, or any voluntary surrender of or limitation on any such credential or other form of permit;(vi) Loss of membership in, or discipline of a credential related to the applicable profession by, a professional organization due to alleged incompetence, negligence, unethical or unprofessional conduct, or physical, mental, or chemical impairment; or(vii) Conviction of any misdemeanor or felony in this or any other jurisdiction.(2) The requirement to file a report under subdivision (1)(a) or (b) of this section shall not apply:(a) To the spouse of the credential holder;(b) To a practitioner who is providing treatment to such credential holder in a practitioner-consumer relationship concerning information obtained or discovered in the course of treatment unless the treating practitioner determines that the condition of the credential holder may be of a nature which constitutes a danger to the public health and safety by the credential holder's continued practice; or(c) When a credential holder who is chemically impaired enters the Licensee Assistance Program authorized by section 38-175 except as otherwise provided in such section.(3) A report submitted by a professional liability insurance company on behalf of a credential holder within the thirty-day period prescribed in subsection (1) of this section shall be sufficient to satisfy the credential holder's reporting requirement under subsection (1) of this section.Source  Laws 2007, LB247,  61;  Laws 2007, LB463,  125;  Laws 2017, LB166,  8.  
38-1,126.  Report; confidential; immunity; use of documents.(1) A report made to the department under section 38-1,124 or 38-1,125 shall be confidential. The identity of any person making such report or providing information leading to the making of such report shall be confidential.(2) Any person making such a report to the department, except a person who is self-reporting, shall be completely immune from criminal or civil liability of any nature, whether direct or derivative, for filing a report or for disclosure of documents, records, or other information to the department under section 38-1,124 or 38-1,125.(3) Persons who are members of committees established under the Health Care Quality Improvement Act, the Patient Safety Improvement Act, or section 25-12,123 or witnesses before such committees shall not be required to report under section 38-1,124 or 38-1,125. Any person who is a witness before such a committee shall not be excused from reporting matters of first-hand knowledge that would otherwise be reportable under section 38-1,124 or 38-1,125 only because he or she attended or testified before such committee.(4) Documents from original sources shall not be construed as immune from discovery or use in actions under section 38-1,125.Source  Laws 2007, LB463,  126;  Laws 2011, LB431,  12;  Laws 2016, LB750,  6.  Cross References   Health Care Quality Improvement Act, see section 71-7904.  Patient Safety Improvement Act, see section 71-8701. 
38-1,127.  Health care facility, peer review organization, or professional association; violations; duty to report; confidentiality; immunity; civil penalty.(1) A health care facility licensed under the Health Care Facility Licensure Act or a peer review organization or professional association of a profession regulated under the Uniform Credentialing Act shall report to the department, on a form and in the manner specified by the department, any facts known to the facility, organization, or association, including, but not limited to, the identity of the credential holder and consumer, when the facility, organization, or association:(a) Has made payment due to adverse judgment, settlement, or award of a professional liability claim against it or a credential holder, including settlements made prior to suit, arising out of the acts or omissions of the credential holder; or(b) Takes action adversely affecting the privileges or membership of a credential holder in such facility, organization, or association due to alleged incompetence, professional negligence, unprofessional conduct, or physical, mental, or chemical impairment.The report shall be made within thirty days after the date of the action or event.(2) A report made to the department under this section shall be confidential. The facility, organization, association, or person making such report shall be completely immune from criminal or civil liability of any nature, whether direct or derivative, for filing a report or for disclosure of documents, records, or other information to the department under this section. Nothing in this subsection shall be construed to require production of records protected by the Health Care Quality Improvement Act or section 25-12,123 or patient safety work product under the Patient Safety Improvement Act except as otherwise provided in either of such acts or such section.(3) Any health care facility, peer review organization, or professional association that fails or neglects to make a report or provide information as required under this section is subject to a civil penalty of five hundred dollars for the first offense and a civil penalty of up to one thousand dollars for a subsequent offense. Any civil penalty collected under this subsection shall be remitted to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska.(4) For purposes of this section, the department shall accept reports made to it under the Nebraska Hospital-Medical Liability Act or in accordance with national practitioner data bank requirements of the federal Health Care Quality Improvement Act of 1986, as the act existed on January 1, 2007, and may require a supplemental report to the extent such reports do not contain the information required by the department.Source  Laws 1994, LB 1223,  12;  Laws 1995, LB 563,  3;  Laws 1996, LB 414,  2;  Laws 1997, LB 138,  43;  Laws 1997, LB 222,  5;  Laws 2000, LB 819,  84;  Laws 2000, LB 1115,  13;  Laws 2005, LB 256,  22;  Laws 2005, LB 361,  33;   R.S.Supp.,2006,  71-168.02;  Laws 2007, LB463,  127;  Laws 2011, LB431,  13. Cross References   Health Care Facility Licensure Act, see section 71-401.  Health Care Quality Improvement Act, see section 71-7904.  Nebraska Hospital-Medical Liability Act, see section 44-2855.  Patient Safety Improvement Act, see section 71-8701. 
38-1,128.  Peer review committee; health practitioners; immunity from liability; when.No member of a peer review committee of a state or local association or society composed of persons credentialed under the Uniform Credentialing Act shall be liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or otherwise for any action taken or recommendation made within the scope of the functions of such committee, if such committee member acts without malice and in the reasonable belief that such action or recommendation is warranted by the facts known to such member after a reasonable effort is made to obtain the facts on which such action is taken or recommendation is made.Source   Laws 1976, LB 586,  1;   R.S.1943, (2003),  71-147.01;  Laws 2007, LB463,  128. 
38-1,129.  Insurer; report violation to department; confidentiality.Unless such knowledge or information is based on confidential medical records protected by the confidentiality provisions of the federal Public Health Services Act, 42 U.S.C. 290dd-2, and federal administrative rules and regulations, as such act and rules and regulations existed on January 1, 2007:(1) Any insurer having knowledge of any violation of any of the Uniform Credentialing Act governing the profession of the person being reported whether or not such person is credentialed shall report the facts of such violation as known to such insurer to the department; and(2) All insurers shall cooperate with the department and provide such information as requested by the department concerning any possible violations by any person required to be credentialed whether or not such person is credentialed.The identity of any person making such report on behalf of an insurer or providing information leading to the making of such report shall be confidential.Source  Laws 1982, LB 421,  2;  Laws 1994, LB 1223,  20;  Laws 1999, LB 828,  133;   R.S.1943, (2003),  71-1,199;  Laws 2007, LB463,  129;  Laws 2016, LB750,  7.  
38-1,130.  Insurer; report to department; form; confidentiality.Any insurer shall report to the department, on a form and in the manner specified by the department by rule and regulation, any facts known to the insurer, including, but not limited to, the identity of the credential holder and consumer, when the insurer:(1) Has reasonable grounds to believe that a person required to be credentialed has committed a violation of the provisions of the Uniform Credentialing Act governing the profession of such person whether or not such person is credentialed;(2) Has made payment due to an adverse judgment, settlement, or award resulting from a professional liability claim against the insurer, a health care facility or health care service as defined in the Health Care Facility Licensure Act, or a person required to be credentialed whether or not such person is credentialed, including settlements made prior to suit in which the consumer releases any professional liability claim against the insurer, health care facility or health care service, or person required to be credentialed, arising out of the acts or omissions of such person;(3) Takes an adverse action affecting the coverage provided by the insurer to a person required to be credentialed, whether or not such person is credentialed, due to alleged incompetence, negligence, unethical or unprofessional conduct, or physical, mental, or chemical impairment. For purposes of this section, adverse action does not include raising rates for professional liability coverage unless it is based upon grounds that would be reportable and no prior report has been made to the department; or(4) Has been requested by the department to provide information.The identity of any person making such report on behalf of an insurer or providing information leading to the making of such report shall be confidential.Source  Laws 1982, LB 421,  3;   Laws 1991, LB 456,  30;  Laws 1994, LB 1223,  21;  Laws 1999, LB 828,  134;  Laws 2000, LB 819,  93;   R.S.1943, (2003),  71-1,200;  Laws 2007, LB152,  1;  Laws 2007, LB247,  62;  Laws 2007, LB463,  130;  Laws 2016, LB750,  8.  Cross References  Health Care Facility Licensure Act, see section 71-401.
38-1,131.  Insurer; report to department; when.A report made under section 38-1,129 or 38-1,130 shall be made within thirty days after the date of the violation, action, event, or request. Nothing in such sections shall be construed to require an insurer to report based on information gained due to the filing of a claim for payment under a health insurance policy by or on behalf of a person required to be credentialed whether or not such person is credentialed.Source Laws 2007, LB463,  131. 
38-1,132.  Insurer; alternative reports authorized; supplemental report.For purposes of sections 38-1,129 and 38-1,130, the department shall accept reports made to it under the Nebraska Hospital-Medical Liability Act or in accordance with national practitioner data bank requirements of the federal Health Care Quality Improvement Act of 1986, as such act existed on January 1, 2007, and may require a supplemental report to the extent such reports do not contain the information required by the department. For purposes of sections 38-1,129 and 38-1,130, the department shall accept a copy of a report made to any governmental agency charged by law with carrying out any of the provisions of the Uniform Credentialing Act or any person authorized by law to make arrests within the State of Nebraska and may require a supplemental report to the extent such copy does not contain the information required by the department.Source Laws 2007, LB463,  132. Cross References  Nebraska Hospital-Medical Liability Act, see section 44-2855.
38-1,133.  Insurer; failure to make report or provide information; penalty.Any insurer who fails or neglects to make a report to or provide such information as requested by the department pursuant to section 38-1,129 or 38-1,130 within thirty days after the violation, action, event, or request is guilty of a Class III misdemeanor. Any insurer who violates this section a second or subsequent time is guilty of a Class II misdemeanor.Source  Laws 1982, LB 421,  4;  Laws 1999, LB 828,  135;   R.S.1943, (2003),  71-1,201;  Laws 2007, LB463,  133. 
38-1,134.  Insurer; reports; disclosure restricted; confidentiality.To the extent that reports made under section 38-1,129 or 38-1,130 contain or relate to privileged communications between consumer and credential holder, such reports shall be treated by the department as privileged communications and shall be considered to be part of the investigational records of the department. Such reports may not be obtained by legal discovery proceedings or otherwise disclosed unless the privilege is waived by the consumer involved or the reports are made part of the record in a contested case under section 38-186, in which case such reports shall only be disclosed to the extent they are made a part of such record. The identity of any person making such report or providing information leading to the making of such report shall be confidential.Source  Laws 1982, LB 421,  5;   Laws 1991, LB 456,  31;  Laws 1994, LB 1223,  22;   R.S.1943, (2003),  71-1,202;  Laws 2007, LB463,  134;  Laws 2016, LB750,  9.  
38-1,135.  Insurer; immunity from liability.Any insurer or employee of an insurer making a report as required by section 38-1,129 or 38-1,130 shall be immune from criminal penalty of any kind or from civil liability or other penalty for slander, libel, defamation, breach of the privilege between consumer and physician or between consumer and professional counselor, or violation of the laws of the State of Nebraska relating to the business of insurance that may be incurred or imposed on account of or in connection with the making of such report.Source  Laws 1982, LB 421,  7;  Laws 1993, LB 130,  5;  Laws 1994, LB 1223,  23;   R.S.1943, (2003),  71-1,204;  Laws 2007, LB463,  135. 
38-1,136.  Violation of credential holder-consumer privilege; sections, how construed.Nothing contained in sections 38-1,129 to 38-1,136 shall be construed so as to require any credential holder to violate a privilege between a credential holder and a consumer.Source  Laws 1982, LB 421,  8;   R.S.1943, (2003),  71-1,205;  Laws 2007, LB463,  136. 
38-1,137.  Clerk of county or district court; report convictions and judgments of credentialed person; Attorney General or prosecutor; duty.The clerk of any county or district court in this state shall report to the department the conviction of any person credentialed by the department under the Uniform Credentialing Act of any felony or of any misdemeanor involving the use, sale, distribution, administration, or dispensing of a controlled substance, alcohol or chemical impairment, or substance abuse and shall also report a judgment against any such credential holder arising out of a claim of professional liability. The Attorney General or city or county prosecutor prosecuting any such criminal action and plaintiff in any such civil action shall provide the court with information concerning the credential of the defendant or party. Notice to the department shall be filed within thirty days after the date of conviction or judgment in a manner agreed to by the director and the State Court Administrator.Source  Laws 1994, LB 1223,  24;  Laws 1995, LB 563,  39;  Laws 1996, LB 414,  10;  Laws 1996, LB 1044,  480;  Laws 1997, LB 138,  45;  Laws 2000, LB 1115,  24;  Laws 2005, LB 256,  32;   R.S.Supp.,2006,  71-1,339;  Laws 2007, LB296,  362;  Laws 2007, LB463,  137. 
38-1,138.  Complaint; investigation; confidentiality; immunity; department; powers and duties.(1) Any person may make a complaint and request investigation of an alleged violation of the Uniform Credentialing Act or rules and regulations issued under such act. A complaint submitted to the department shall be confidential, and a person making a complaint shall be immune from criminal or civil liability of any nature, whether direct or derivative, for filing a complaint or for disclosure of documents, records, or other information to the department.(2) The department shall review all complaints and determine whether to conduct an investigation and in making such determination may consider factors such as:(a) Whether the complaint pertains to a matter within the authority of the department to enforce;(b) Whether the circumstances indicate that a complaint is made in good faith and is not malicious, frivolous, or vexatious;(c) Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit;(d) Whether the complainant may be a necessary witness if action is taken and is willing to identify himself or herself and come forward to testify; or(e) Whether the information provided or within the knowledge of the complainant is sufficient to provide a reasonable basis to believe that a violation has occurred or to secure necessary evidence from other sources.Source   Laws 1991, LB 456,  6;  Laws 1993, LB 536,  46;  Laws 1994, LB 1223,  11;  Laws 1999, LB 828,  56;   R.S.1943, (2003),  71-168.01;  Laws 2007, LB463,  138. 
38-1,139.  Violations; prosecution; duty of Attorney General and county attorney.Upon the request of the department, the Attorney General shall institute in the name of the state the proper civil or criminal proceedings against any person regarding whom a complaint has been made, charging him or her with violation of any of the provisions of the Uniform Credentialing Act, and the county attorney, at the request of the Attorney General or of the department, shall appear and prosecute such action when brought in his or her county.Source   Laws 1927, c. 167,  70, p. 472;   C.S.1929,  71-904;   R.S.1943,  71-171;   Laws 1991, LB 456,  24;   R.S.1943, (2003),  71-171;  Laws 2007, LB463,  139. 
38-1,140.  Consultation with licensed veterinarian; conduct authorized.Any person who holds a valid credential in the State of Nebraska in a health care profession or occupation regulated under the Uniform Credentialing Act may consult with a licensed veterinarian or perform collaborative animal health care tasks on an animal under the care of such veterinarian if all such tasks are performed under the immediate supervision of such veterinarian. Engaging in such conduct is hereby authorized and shall not be considered a part of the credential holder's scope of practice or a violation of the credential holder's scope of practice.Source  Laws 2008, LB928,  3;  Laws 2009, LB463,  1. 
38-1,141.  Military education, training, or service; department; acceptance for credential.Beginning December 15, 2015, upon presentation of satisfactory evidence that the education, training, or service completed by an applicant for a credential while a member of the armed forces of the United States, active or reserve, the National Guard of any state, the military reserves of any state, or the naval militia of any state is substantially similar to the education required for the credential, the department, with the recommendation of the appropriate board, if any, shall accept such education, training, or service toward the minimum standards for the credential.Source Laws 2015, LB264,  3. 
38-1,142.  Report to department; discrimination or retaliation prohibited; action for relief authorized.An individual or a business credentialed pursuant to the Uniform Credentialing Act shall not discriminate or retaliate against any person who has initiated or participated in the making of a report under the act to the department. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.Source Laws 2016, LB750,  2. 
38-1,143.  Telehealth; provider-patient relationship; prescription authority; applicability of section.(1) Except as otherwise provided in subsection (4) of this section, any credential holder under the Uniform Credentialing Act may establish a provider-patient relationship through telehealth.(2) Any credential holder under the Uniform Credentialing Act who is providing a telehealth service to a patient may prescribe the patient a drug if the credential holder is authorized to prescribe under state and federal law.(3) The department may adopt and promulgate rules and regulations pursuant to section 38-126 that are consistent with this section.(4) This section does not apply to a credential holder under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, the Dialysis Patient Care Technician Registration Act, the Environmental Health Specialists Practice Act, the Funeral Directing and Embalming Practice Act, the Massage Therapy Practice Act, the Medical Radiography Practice Act, the Nursing Home Administrator Practice Act, the Perfusion Practice Act, the Surgical First Assistant Practice Act, or the Veterinary Medicine and Surgery Practice Act.Source  Laws 2019, LB29,  2;  Laws 2021, LB148,  53.  Cross References   Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, see section 38-1001.  Dialysis Patient Care Technician Registration Act, see section 38-3701.  Environmental Health Specialists Practice Act, see section 38-1301.  Funeral Directing and Embalming Practice Act, see section 38-1401.  Massage Therapy Practice Act, see section 38-1701.  Medical Radiography Practice Act, see section 38-1901.  Nursing Home Administrator Practice Act, see section 38-2401.  Perfusion Practice Act, see section 38-2701.  Surgical First Assistant Practice Act, see section 38-3501.  Veterinary Medicine and Surgery Practice Act, see section 38-3301. 
38-1,144.  Schedule II controlled substance or other opiate; practitioner; duties.(1) For purposes of this section, practitioner means a physician, a physician assistant, a dentist, a pharmacist, a podiatrist, an optometrist, a certified nurse midwife, a certified registered nurse anesthetist, and a nurse practitioner.(2) When prescribing a controlled substance listed in Schedule II of section 28-405 or any other opiate as defined in section 28-401 not listed in Schedule II, prior to issuing the practitioner's initial prescription for a course of treatment for acute or chronic pain, a practitioner involved in the course of treatment as the primary prescribing practitioner or as a member of the patient's care team who is under the direct supervision or in consultation with the primary prescribing practitioner shall discuss with the patient, or the patient's parent or guardian if the patient is younger than eighteen years of age and is not emancipated, unless the discussion has already occurred with another member of the patient's care team within the previous sixty days:(a) The risks of addiction and overdose associated with the controlled substance or opiate being prescribed, including, but not limited to:(i) Controlled substances and opiates are highly addictive even when taken as prescribed;(ii) There is a risk of developing a physical or psychological dependence on the controlled substance or opiate; and(iii) Taking more controlled substances or opiates than prescribed, or mixing sedatives, benzodiazepines, or alcohol with controlled substances or opiates, can result in fatal respiratory depression;(b) The reasons why the prescription is necessary; and(c) Alternative treatments that may be available.(3) This section does not apply to a prescription for a hospice patient or for a course of treatment for cancer or palliative care.(4) This section terminates on January 1, 2029.Source  Laws 2018, LB931,  3;   R.S.Supp.,2018,  28-473;  Laws 2019, LB556,  2.  
38-1,145.  Opiates; legislative findings; limitation on certain prescriptions; practitioner; duties.(1) For purposes of this section, practitioner means a physician, a physician assistant, a dentist, a pharmacist, a podiatrist, an optometrist, a certified nurse midwife, a certified registered nurse anesthetist, and a nurse practitioner.(2) The Legislature finds that:(a) In most cases, acute pain can be treated effectively with nonopiate or nonpharmacological options;(b) With a more severe or acute injury, short-term use of opiates may be appropriate;(c) Initial opiate prescriptions for children should not exceed seven days for most situations, and two or three days of opiates will often be sufficient;(d) If a patient needs medication beyond three days, the prescriber should reevaluate the patient prior to issuing another prescription for opiates; and(e) Physical dependence on opiates can occur within only a few weeks of continuous use, so great caution needs to be exercised during this critical recovery period.(3) A practitioner who is prescribing an opiate as defined in section 28-401 for a patient younger than eighteen years of age for outpatient use for an acute condition shall not prescribe more than a seven-day supply except as otherwise provided in subsection (4) of this section and, if the practitioner has not previously prescribed an opiate for such patient, shall discuss with a parent or guardian of such patient, or with the patient if the patient is an emancipated minor, the risks associated with use of opiates and the reasons why the prescription is necessary.(4) If, in the professional medical judgment of the practitioner, more than a seven-day supply of an opiate is required to treat such patient's medical condition or is necessary for the treatment of pain associated with a cancer diagnosis or for palliative care, the practitioner may issue a prescription for the quantity needed to treat such patient's medical condition or pain. The practitioner shall document the medical condition triggering the prescription of more than a seven-day supply of an opiate in the patient's medical record and shall indicate that a nonopiate alternative was not appropriate to address the medical condition.(5) This section does not apply to controlled substances prescribed pursuant to section 28-412.(6) This section terminates on January 1, 2029.Source  Laws 2018, LB931,  4;   R.S.Supp.,2018,  28-474;  Laws 2019, LB556,  3.  
38-1,146.  Prescription; issuance; requirements; applicability.(1) For purposes of this section, prescriber means a health care practitioner authorized to prescribe controlled substances in the practice for which credentialed under the Uniform Credentialing Act.(2) Except as otherwise provided in subsection (3) or (6) of this section, no prescriber shall, in this state, issue any prescription as defined in section 38-2840 for a controlled substance as defined in section 28-401 unless such prescription is issued (a) using electronic prescription technology, (b) from the prescriber issuing the prescription to a pharmacy, and (c) in accordance with all requirements of state law and the rules and regulations adopted and promulgated pursuant to such state law.(3) The requirements of subsection (2) of this section shall not apply to prescriptions:(a) Issued by veterinarians;(b) Issued in circumstances where electronic prescribing is not available due to temporary technological or electrical failure;(c) Issued when the prescriber and the dispenser are the same entity;(d) Issued that include elements that are not supported by the Prescriber/Pharmacist Interface SCRIPT Standard of the National Council for Prescription Drug Programs as such standard existed on January 1, 2021;(e) Issued for a drug for which the federal Food and Drug Administration requires the prescription to contain certain elements that are not able to be accomplished with electronic prescribing;(f) Issued for dispensing a non-patient-specific prescription which is (i) an approved protocol for drug therapy or (ii) in response to a public health emergency;(g) Issued for a drug for purposes of a research protocol;(h) Issued under circumstances in which, notwithstanding the prescriber's ability to make an electronic prescription as required by this section, such prescriber reasonably determines (i) that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner and (ii) that such delay would adversely impact the patient's medical condition; or(i) Issued for drugs requiring compounding.(4) A pharmacist who receives a written, oral, or faxed prescription is not required to verify that the prescription falls under one of the exceptions listed in subsection (3) of this section. A pharmacist may continue to dispense medication from any otherwise valid written, oral, or faxed prescription consistent with the law and rules and regulations as they existed prior to January 1, 2022.(5) A violation of this section shall not be grounds for disciplinary action under the Uniform Credentialing Act.(6) A dentist shall not be subject to this section until January 1, 2024.Source Laws 2021, LB583,  4. 
38-1,147.  Stem-cell-based therapy; informed written consent; required.(1) For purposes of this section:(a) Health care practitioner means a person licensed or certified under the Uniform Credentialing Act;(b) Human stem cells means human cells, tissues, or cellular or tissue-based products, as defined in 21 C.F.R. 1271.3 as amended August 31, 2016, as published in the Federal Register at 81 Fed. Reg. 60223;(c) Informed written consent related to stem-cell-based therapy means a signed writing executed by a patient that confirms that (i) a health care practitioner has explained the treatment, (ii) the treatment has not received the approval of the United States Food and Drug Administration, including for experimental use, and (iii) the patient understands that the treatment has not received such approval; and(d) Stem-cell-based therapy means treatment using products derived from human stem cells.(2) Any health care practitioner who performs stem-cell-based therapy shall, by informed written consent, communicate to any patient seeking stem-cell-based therapy from such practitioner that it is not approved by the United States Food and Drug Administration.(3) This section does not apply to a health care practitioner using stem-cell-based therapy products that are approved by the United States Food and Drug Administration or stem-cell-based therapy for which the health care practitioner obtained approval for an investigational new drug or device from the United States Food and Drug Administration for use of human cells, tissues, or cellular or tissue-based products.Source  Laws 2022, LB752,  6.   Effective Date: July 21, 2022  
38-10,100.  School of esthetics license; application; additional information.In order to be licensed as a school of esthetics by the department, an applicant shall meet and present to the department evidence of meeting the following requirements:(1) The proposed school shall be a fixed permanent structure or part of one;(2) The proposed school shall have a contracted enrollment of at least four full-time or part-time students;(3) The proposed school shall contain at least one thousand square feet of floor space and facilities, staff, apparatus, and equipment appropriate to its projected enrollment in accordance with the standards established by rule and regulation; and(4) The proposed school shall not have the same entrance as or direct access to a cosmetology salon, an esthetics salon, or a nail technology salon.Source  Laws 2002, LB 241,  34;   R.S.1943, (2003),  71-3,138.02;  Laws 2007, LB463,  362;  Laws 2018, LB731,  28.  
38-10,101.  School of cosmetology license; school of esthetics license; application; review; procedure; inspection.Each application for a license to operate a school of cosmetology or school of esthetics shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. If an application is denied, the applicant shall be informed in writing of the grounds for denial and such denial shall not prejudice future applications by the applicant. If an application is accepted, the department shall immediately conduct an accreditation inspection of the proposed school. A school passing the inspection shall be issued a license and may begin operation as soon as the inspection results are received. If the proposed school fails the inspection, the applicant shall submit, within fifteen days, evidence of corrective action taken to improve those aspects of operation found deficient. If, after a second inspection to be conducted within thirty days of receipt of evidence, the school does not receive a satisfactory rating, or if evidence is not received within fifteen days, the application may be denied.Source  Laws 1986, LB 318,  100;  Laws 1995, LB 83,  41;  Laws 2002, LB 241,  37;  Laws 2004, LB 1005,  32;   R.S.Supp.,2006,  71-3,139;  Laws 2007, LB463,  363. 
38-10,102.  Licensed school; operating requirements.In order to maintain its license in good standing, each school of cosmetology or school of esthetics shall operate in accordance with the following requirements:(1) The school shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under such act;(2) The school owner or owners or the authorized agent thereof shall notify the department at least thirty days prior to any change of ownership, name, or address, and at least sixty days prior to closure, except in emergency circumstances as determined by the department;(3) No school shall permit anyone other than a student, student instructor, or instructor to perform any of the practices of cosmetology or esthetics within its confines or employ, except that such restriction shall not prevent a school from inviting guest educators who are not licensed to provide education to students or student instructors if the guest educator does not perform any of the practices of cosmetology or esthetics;(4) The school shall display a name upon or near the entrance door designating it as a school of cosmetology or a school of esthetics;(5) The school shall display in a conspicuous place within the clinic area a sign reading: All services in this school are performed by students who are training in cosmetology or esthetics, as applicable. A notice to such effect shall also appear in all advertising conducted by the school for its clinic services;(6) The school shall permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during the normal operating hours of the school without prior notice, and the owner or manager shall assist the inspector by providing access to all areas of the school, all personnel, and all records requested by the inspector;(7) The school shall display in a conspicuous place the following records:(a) The current license to operate a school of cosmetology or school of esthetics;(b) The current licenses of all persons licensed under the act, except students, employed by or working in the school; and(c) The rating sheet from the most recent accreditation inspection;(8) At no time shall a school enroll more students than permitted by the act or the rules and regulations adopted and promulgated under the act;(9) The school shall not knowingly permit its students, employees, or clients to use, consume, serve, or in any other manner possess or distribute intoxicating beverages or controlled substances upon its premises;(10) No instructor or student instructor shall perform, and no school shall permit such person to perform, any of the practices of cosmetology or esthetics on the public in a school of cosmetology or school of esthetics other than that part of the practical work which pertains directly to the teaching of practical subjects to students or student instructors and in no instance shall complete cosmetology or esthetics services be provided for a client unless done in a demonstration class of theoretical or practical studies;(11) The school shall maintain space, staff, library, teaching apparatus, and equipment as established by rules and regulations adopted and promulgated under the act;(12) The school shall keep a daily record of the attendance and clinical performance of each student and student instructor;(13) The school shall maintain regular class and instructor hours and shall require the minimum curriculum;(14) The school shall establish and maintain criteria and standards for student grading, evaluation, and performance and shall award a certificate or diploma to a student only upon completing a full course of study in compliance with such standards, except that no student shall receive such certificate or diploma until he or she has satisfied or made an agreement with the school to satisfy all outstanding financial obligations to the school;(15) The school shall maintain on file the enrollment of each student;(16) The school shall maintain a report indicating the students and student instructors enrolled, the hours earned, the instructors employed, the hours of operation, and such other pertinent information as required by the department; and(17) The school shall print and provide to each student a copy of the school rules, which shall not be inconsistent with the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, the Uniform Credentialing Act, or the rules and regulations adopted and promulgated under either act and which shall include policies of the school with respect to tuition, reimbursement, conduct, attendance, grading, earning of hours, demerits, penalties, dismissal, graduation requirements, dress, and other information sufficient to advise the student of the standards he or she will be required to maintain. The department may review any school's rules to determine their consistency with the intent and content of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and the rules and regulations and may overturn any school rules found not to be in accord.Source  Laws 1986, LB 318,  101;  Laws 1987, LB 543,  20;  Laws 1995, LB 83,  42;  Laws 2002, LB 241,  38;  Laws 2004, LB 1005,  33;   R.S.Supp.,2006,  71-3,140;  Laws 2007, LB463,  364;  Laws 2018, LB731,  29.  
38-10,103.  School or apprentice salon; operation; student; apprentice; student instructor; requirements.In order to maintain a school or apprentice salon license in good standing, each school or apprentice salon shall operate in accordance with the following:(1) Every person accepted for enrollment as a standard student or apprentice shall show evidence that he or she attained the age of seventeen years on or before the date of his or her enrollment in a school of cosmetology, a school of esthetics, or an apprentice salon, has completed the equivalent of a high school education, has been accepted for enrollment at a school of cosmetology, a school of esthetics, or an apprentice salon, and has not undertaken any training in cosmetology or esthetics without being enrolled as a student or apprentice;(2)(a) Every person accepted for enrollment as a special study student or apprentice shall show evidence that he or she:(i) Has attained the age of seventeen years on or before the date of enrollment in a school of cosmetology, a school of esthetics, or an apprentice salon;(ii) Has completed the tenth grade;(iii) Has been accepted for enrollment at a school of cosmetology, a school of esthetics, or an apprentice salon; and(iv) Is actively continuing his or her formal high school education on a full-time basis as determined by the department.(b) An applicant for enrollment as a special study student or apprentice shall not have undertaken any training in cosmetology or esthetics without being enrolled as a student or apprentice.(c) Special study students shall be limited to attending a school of cosmetology, a school of esthetics, or an apprentice salon for no more than eight hours per week during the school year;(3) Every person accepted for enrollment as a student instructor shall show evidence of current licensure as a cosmetologist or esthetician in Nebraska and completion of formal education equivalent to a United States high school education; and(4) No school of cosmetology, school of esthetics, or apprentice salon shall accept an individual for enrollment who does not provide evidence of meeting the age and education requirements.Source  Laws 1986, LB 318,  63;  Laws 1987, LB 543,  11;  Laws 1995, LB 83,  31;  Laws 2002, LB 241,  26;  Laws 2004, LB 1005,  28;   R.S.Supp.,2006,  71-3,102;  Laws 2007, LB463,  365;  Laws 2018, LB731,  30.  
38-10,104.  Licensed school; additional operating requirements.In order to maintain its license in good standing, each school of cosmetology or school of esthetics shall operate in accordance with the following requirements:(1) All persons accepted for enrollment as students shall meet the qualifications established in section 38-10,103;(2) The school shall, at all times the school is in operation, have at least one instructor in the school for each twenty students or fraction thereof enrolled in the school, except that freshman and advanced students shall be taught by different instructors in separate classes;(3) The school shall not permit any student to render clinical services on members of the public with or without fees until such student has satisfactorily completed the freshman curriculum, except that the board may establish guidelines by which it may approve such practices as part of the freshman curriculum;(4) No school shall pay direct compensation to any of its students. Student instructors may be paid as determined by the school;(5) All students and student instructors shall be under the supervision of an instructor at all times, except that students shall be under the direct supervision of an instructor or student instructor at all times when cosmetology or esthetics services are being taught or performed and student instructors may independently supervise students after successfully completing at least one-half of the required instructor program;(6) No student shall be permitted by the school to train or work in a school in any manner for more than ten hours a day; and(7) The school shall not credit a student or student instructor with hours except when such hours were earned in the study or practice of cosmetology, esthetics, nail technology, or barbering in accordance with the required curriculum. Hours shall be credited on a daily basis. Once credited, hours cannot be removed or disallowed except by the department upon a finding that the hours have been wrongfully allowed.Source  Laws 1986, LB 318,  102;  Laws 1987, LB 543,  21;  Laws 1995, LB 83,  43;  Laws 2002, LB 241,  39;  Laws 2004, LB 1005,  34;   R.S.Supp.,2006,  71-3,141;  Laws 2007, LB463,  366;  Laws 2018, LB731,  31.  
38-10,105.  Transfer of cosmetology student; requirements.A student may transfer from one school of cosmetology to another school at any time without penalty if all tuition obligations to the school from which the student is transferring have been honored and if the student secures a letter from the school from which he or she is transferring stating that the student has not left any unfulfilled tuition obligations and stating the number of hours earned by the student at such school, including any hours the student transferred into that school, and the dates of attendance of the student at that school. The student may not begin training at the new school until such conditions have been fulfilled. The school to which the student is transferring shall be entitled to receive from the student's previous school, upon request, all records pertaining to the student.Source  Laws 1986, LB 318,  103;   R.S.1943, (2003),  71-3,142;  Laws 2007, LB463,  367;  Laws 2018, LB731,  32.  
38-10,107.  Licensed barber; licensed cosmetologist; waiver of course requirements; conditions.(1) Barbers licensed in the State of Nebraska attending a school of cosmetology may be given credit of one thousand hours of training applied toward the course hours required for graduation.(2) Cosmetologists licensed in the State of Nebraska attending a barber school or college may be given credit of one thousand hours of training applied toward the course hours required for graduation.Source  Laws 1986, LB 318,  105;   R.S.1943, (2003),  71-3,144;  Laws 2007, LB463,  369;  Laws 2018, LB731,  33.  Cross References  Barbering license under the Barber Act, see section 71-224.
38-10,108.  School of cosmetology; student instructors; limitation.No school of cosmetology shall at any time enroll more than three student instructors for each full-time instructor actively working in and employed by the school.Source  Laws 1986, LB 318,  107;   R.S.1943, (2003),  71-3,146;  Laws 2007, LB463,  370;  Laws 2018, LB731,  34.  
38-10,109.  School licenses; renewal; requirements; inactive status; revocation; effect.(1) The procedure for renewing a school license shall be in accordance with section 38-143, except that in addition to all other requirements, the school of cosmetology or school of esthetics shall provide evidence of minimal property damage, bodily injury, and liability insurance coverage and shall receive a satisfactory rating on an accreditation inspection conducted by the department within the six months immediately prior to the date of license renewal.(2) Any school of cosmetology or school of esthetics which has current accreditation from an accrediting organization approved by the board shall be considered to satisfy the accreditation requirements outlined in this section, except that successful completion of an operation inspection shall be required. Each school of cosmetology or school of esthetics, whether or not it is accredited, shall satisfy all curriculum and sanitation requirements outlined in the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to maintain its license.(3) Any school not able to meet the requirements for license renewal shall have its license placed on inactive status until all deficiencies have been corrected, and the school shall not operate in any manner during the time its license is inactive. If the deficiencies are not corrected within six months of the date of license renewal, the license may be revoked unless the department approves an extension of the time limit. The license of a school that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such school may reopen.Source  Laws 1986, LB 318,  108;  Laws 1995, LB 83,  45;  Laws 2002, LB 241,  41;  Laws 2003, LB 242,  88;  Laws 2004, LB 1005,  36;   R.S.1943, (2003),  71-3,147;  Laws 2007, LB463,  371;  Laws 2021, LB528,  7.  
38-10,110.  School license; change of ownership or location; effect.Each school license issued shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or change in the county of location. An original application for licensure shall be submitted and approved before such school may reopen, except that a school moving to a new location within the same county may do so by filing an application as required by the department, paying the required fee, submitting a new floor plan, and passing an operation inspection. Materials shall be received by the department no less than thirty days prior to the move, and all provisions of this section shall be complied with before the school may begin operation at its new location.Source  Laws 1986, LB 318,  109;   R.S.1943, (2003),  71-3,148;  Laws 2007, LB463,  372. 
38-10,111.  School of cosmetology; satellite classroom; license; requirements; waiver.Any school of cosmetology may apply to the department for a license to operate a satellite classroom. A satellite classroom shall be subject to all requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and rules and regulations adopted and promulgated under such act, except as follows:(1) A satellite classroom shall consist of classroom facilities only, and no clinical activities may be performed thereat. A satellite classroom shall contain a minimum of four hundred square feet of floor space;(2) Students located at a satellite classroom may move to the home school, or vice versa, without being considered transfer students;(3) Students in a satellite classroom shall be maintained on the same monthly report form as students in the home school; and(4) No satellite classroom may operate in any manner unless the home school is at the time operating and possesses a full active license, except a satellite classroom may keep different days and hours of operation from those of its home school. The license to operate a satellite classroom shall be revoked or shall expire at the same time as that for its home school.The department, with the recommendation of the board, may adopt and promulgate rules and regulations to modify or waive any of the operating or student requirements of a school of cosmetology for a satellite classroom if the department determines that such requirements are not applicable or appropriate to a satellite classroom.Source  Laws 1986, LB 318,  110;   R.S.1943, (2003),  71-3,149;  Laws 2007, LB463,  373. 
38-10,112.  School; owner; liability; manager required.(1) The owner of each school of cosmetology or school of esthetics shall have full responsibility for ensuring that the school is operated in compliance with all applicable laws and rules and regulations and shall be liable for any and all violations occurring in the school.(2) Each school of cosmetology or school of esthetics shall be operated by a manager who shall be present on the premises of the school no less than thirty-five hours each week. The manager may have responsibility for the daily operation of the school or satellite classroom.Source  Laws 1986, LB 318,  111;  Laws 1995, LB 83,  46;  Laws 2002, LB 241,  42;  Laws 2004, LB 1005,  37;   R.S.Supp.,2006,  71-3,150;  Laws 2007, LB463,  374;  Laws 2018, LB731,  35.  
38-10,113.  Apprentice salon; license; requirements.In order to be licensed as an apprentice salon by the department, an applicant shall meet and present to the department evidence of meeting the following requirements:(1) The proposed apprentice salon shall hold a current active license as a cosmetology salon or esthetics salon;(2) The proposed apprentice salon shall employ or plan to employ one active instructor for each two apprentices or fraction thereof it enrolls; and(3) The proposed apprentice salon shall provide an area of not less than one hundred square feet to be used solely for educational purposes.Source  Laws 1986, LB 318,  112;  Laws 2002, LB 241,  43;   R.S.1943, (2003),  71-3,151;  Laws 2007, LB463,  375. 
38-10,114.  Apprentice salon license; application; procedure; additional information.Any person seeking a license to operate an apprentice salon shall submit a complete application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, the application shall be received at least thirty days before training of apprentices is scheduled to begin. Along with the application the applicant shall submit:(1) A detailed floor plan or blueprint of the proposed apprentice salon sufficient to demonstrate compliance with the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;(2) Evidence of minimal property damage, bodily injury, and liability insurance coverage;(3) A list of the names and qualifications of all instructors employed or proposed to be employed;(4) Completed enrollment forms for all apprentices proposed to be enrolled;(5) A copy of the rules the salon proposes to use for its apprentices;(6) A copy of the apprentice contract;(7) A copy of the curriculum proposed to be used;(8) A proposed schedule of training for each apprentice; and(9) A completed cosmetology education evaluation scale.Source  Laws 1986, LB 318,  113;  Laws 1997, LB 752,  171;   R.S.1943, (2003),  71-3,152;  Laws 2007, LB463,  376. 
38-10,115.  Apprentice salon license; application; review; procedure; inspection.Each application for a license to operate an apprentice salon shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. In the event an application is denied, the applicant shall be informed in writing of the grounds for denial and such denial shall not prejudice further applications by the applicant. In the event an application is approved, the department shall immediately conduct an operation inspection of the proposed apprentice salon. A salon passing the inspection shall be issued a license to operate and may begin training apprentices upon receipt of notification to such effect. A salon failing the operation inspection shall submit, within fifteen days, evidence of corrective action to improve those aspects of operation found deficient. If, after a second inspection to be conducted within thirty days of receipt of evidence, the salon does not receive a satisfactory rating, or if evidence is not submitted within fifteen days, the application may be denied.Source  Laws 1986, LB 318,  114;   R.S.1943, (2003),  71-3,153;  Laws 2007, LB463,  377. 
38-10,116.  Licensed apprentice salon; operating requirements.In order to maintain and renew its license in good standing, each apprentice salon shall operate in accordance with the following requirements:(1) The apprentice salon shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under such act;(2) The salon shall maintain its salon license in good standing; and(3) The salon shall operate in accordance with all operating requirements and all student requirements of a school of cosmetology or school of esthetics, except that the department, with the recommendation of the board, may adopt and promulgate rules and regulations to modify or waive any such requirements that are deemed not applicable to an apprentice salon.Source  Laws 1986, LB 318,  115;  Laws 2002, LB 241,  44;   R.S.1943, (2003),  71-3,154;  Laws 2007, LB463,  378. 
38-10,117.  Apprentice salon license; revocation or expiration; effect.The license of an apprentice salon that has been revoked or expired for any reason may not be reinstated. An original application for licensure shall be submitted and approved before such apprentice salon may accept apprentices for training.Source  Laws 1986, LB 318,  117;   R.S.1943, (2003),  71-3,156;  Laws 2007, LB463,  379. 
38-10,118.  Apprentice salon license; change of ownership or location; effect.Each apprentice salon license issued shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or location. An original application for licensure shall be submitted and approved before such apprentice salon may accept apprentices for training.Source  Laws 1986, LB 318,  118;   R.S.1943, (2003),  71-3,157;  Laws 2007, LB463,  380. 
38-10,119.  Apprentice salon; owner liability.The owner of each apprentice salon shall have full responsibility for ensuring that the apprentice salon is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the apprentice salon.Source  Laws 1986, LB 318,  119;   R.S.1943, (2003),  71-3,158;  Laws 2007, LB463,  381. 
38-10,120.  Home services permit; issuance.(1) A licensed cosmetology salon or esthetics salon may employ licensed cosmetologists and estheticians, according to the licensed activities of the salon, to perform home services by meeting the following requirements:(a) In order to be issued a home services permit by the department, an applicant shall hold a current active salon license; and(b) Any person seeking a home services permit shall submit a complete application at least ten days before the proposed date for beginning home services. Along with the application the applicant shall submit evidence of liability insurance or bonding.(2) The department shall issue a home services permit to each applicant meeting the requirements set forth in this section.Source  Laws 1986, LB 318,  120;  Laws 1995, LB 83,  47;  Laws 2002, LB 241,  46;   R.S.1943, (2003),  71-3,159;  Laws 2007, LB463,  382;  Laws 2018, LB731,  36.  
38-10,121.  Home services permit; requirements.In order to maintain in good standing or renew its home services permit, a salon shall at all times operate in accordance with all requirements for operation, maintain its license in good standing, and comply with the following requirements:(1)(a) Clients receiving home services shall be in emergency or persistent circumstances which shall generally be defined as any condition sufficiently immobilizing to prevent the client from leaving his or her residence regularly to conduct routine affairs of daily living such as grocery shopping, visiting friends and relatives, attending social events, attending worship services, and other similar activities.(b) Emergency or persistent circumstances may include such conditions or situations as:(i) Chronic illness or injury leaving the client bedridden or with severely restricted mobility;(ii) Extreme general infirmity such as that associated with the aging process;(iii) Temporary conditions including, but not limited to, immobilizing injury and recuperation from serious illness or surgery;(iv) Having sole responsibility for the care of an invalid dependent or a mentally disabled person requiring constant attention;(v) Mental disability that significantly limits the client in areas of functioning described in subdivision (1)(a) of this section; or(vi) Any other conditions that, in the opinion of the department, meet the general definition of emergency or persistent circumstances;(2) The salon shall determine that each person receiving home services meets the requirements of subdivision (1) of this section and shall:(a) Complete a client information form supplied by the department before home services may be provided to any client; and(b) Keep on file the client information forms of all clients it is currently providing with home services or to whom it has provided such services within the past two years;(3) The salon shall employ or contract with persons licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to provide home services and shall not permit any person to perform any home services under its authority for which he or she is not licensed;(4) No client shall be left unattended while any chemical service is in progress or while any electrical appliance is in use; and(5) Each salon providing home services shall post a daily itinerary for each licensee providing home services. The kit for each licensee shall be available for inspection at the salon or at the home of the client receiving services.Source  Laws 1986, LB 318,  121;  Laws 1995, LB 83,  48;   R.S.1943, (2003),  71-3,160;  Laws 2007, LB463,  383;  Laws 2020, LB755,  1.  
38-10,122.  Home services; inspections.Agents of the department may make operation inspections in the homes of clients if such inspections are limited to the activities, procedures, and materials of the licensee providing home services.Source  Laws 1986, LB 318,  122;   R.S.1943, (2003),  71-3,161;  Laws 2007, LB463,  384. 
38-10,123.  Home services; requirements.No licensee may perform home services except when employed by or under contract to a salon holding a valid home services permit.Source  Laws 1986, LB 318,  123;  Laws 1987, LB 543,  23;  Laws 1995, LB 83,  49;   R.S.1943, (2003),  71-3,162;  Laws 2007, LB463,  385. 
38-10,124.  Home services permit; renewal; revocation or expiration; effect.Each home services permit shall be subject to renewal at the same time as the salon license and shall be renewed upon request of the permitholder if the salon is operating its home services in compliance with the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and if the salon license is renewed. No permit that has been revoked or expired may be reinstated or transferred to another owner or location.Source  Laws 1986, LB 318,  124;  Laws 1995, LB 83,  50;   R.S.1943, (2003),  71-3,163;  Laws 2007, LB463,  386. 
38-10,125.01.  Mobile cosmetology salon; license; requirements.In order to be licensed as a mobile cosmetology salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements:(1) The proposed salon is a self-contained, self-supporting, enclosed mobile unit;(2)(a)(i) The mobile unit has a global positioning system tracking device that enables the department to track the location of the salon over the Internet;(ii) The device is on board the mobile unit and functioning at all times the salon is in operation or open for business; and(iii) The owner of the salon provides the department with all information necessary to track the salon over the Internet; or(b) The owner of the salon submits to the department, in a manner specified by the department, a weekly itinerary showing the dates, exact locations, and times that cosmetology services are scheduled to be provided. The owner shall submit the itinerary not less than seven calendar days prior to the beginning of the service described in the itinerary and shall submit to the department any changes in the itinerary not less than twenty-four hours prior to the change. A salon shall follow the itinerary in providing service and notify the department of any changes;(3) The salon has insurance coverage which meets the requirements of the department for the mobile unit;(4) The salon is clearly identified as such to the public by a sign;(5) The salon complies with the sanitary requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;(6) The entrance into the proposed salon used by the general public provides safe access by the public;(7) The proposed salon has at least one hundred fifty square feet of floor space. If more than one practitioner is to be employed in the salon at the same time, the salon shall contain an additional space of at least fifty square feet for each additional practitioner; and(8) The proposed salon includes a functional sink and toilet facilities and maintains an adequate supply of clean water and wastewater storage capacity.Source Laws 2018, LB731,  37. 
38-10,125.02.  Mobile cosmetology salon license; application.Any person seeking a license to operate a mobile cosmetology salon shall submit a completed application to the department, and along with the application, the applicant shall submit a detailed floor plan or blueprint of the proposed salon sufficient to demonstrate compliance with the requirements of section 38-10,125.01.Source Laws 2018, LB731,  38. 
38-10,125.03.  Mobile cosmetology salon; application; review; denial; inspection.Each application for a license to operate a mobile cosmetology salon shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. If an application is denied, the applicant shall be informed in writing of the grounds for denial, and such denial shall not prejudice future applications by the applicant. If an application is approved, the department shall issue the applicant a certificate of consideration to operate a mobile cosmetology salon pending an operation inspection. The department shall conduct an operation inspection of each salon issued a certificate of consideration within six months after the issuance of such certificate. A salon which passes the inspection shall be issued a permanent license. A salon which fails the inspection shall submit within fifteen days evidence of corrective action taken to improve those aspects of operation found deficient. If evidence is not submitted within fifteen days or if after a second inspection the salon does not receive a satisfactory rating, it shall immediately relinquish its certificate of consideration and cease operation.Source Laws 2018, LB731,  39. 
38-10,125.04.  Mobile cosmetology salon; operating requirements.In order to maintain its license in good standing, each mobile cosmetology salon shall operate in accordance with the following requirements:(1) The salon shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under the act;(2) The salon owner or his or her agent shall notify the department of any change of ownership, name, or office address and if a salon is permanently closed;(3) No salon shall permit any unlicensed person to perform any of the practices of cosmetology within its confines or employment;(4) The salon shall display a name upon, over, or near the entrance door distinguishing it as a salon;(5) The salon shall permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during the normal operating hours of the salon, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas of the salon, all personnel, and all records requested by the inspector;(6) The salon shall display in a conspicuous place the following records:(a) The current license or certificate of consideration to operate a salon;(b) The current licenses of all persons licensed under the act who are employed by or working in the salon; and(c) The rating sheet from the most recent operation inspection;(7) At no time shall a salon employ more employees than permitted by the square footage requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;(8) No cosmetology services may be performed in a salon while the salon is moving. The salon must be safely and legally parked in a legal parking space at all times while clients are present inside the salon. A salon shall not park or conduct business within three hundred feet of another licensed cosmetology establishment. The department is not responsible for monitoring for enforcement of this subdivision but may discipline a license for a reported and verified violation;(9) The owner of the salon shall maintain a permanent business address at which correspondence from the department may be received and records of appointments, license numbers, and vehicle identification numbers shall be kept for each salon being operated by the owner. The owner shall make such records available for verification and inspection by the department; and(10) The salon shall not knowingly permit its employees or clients to use, consume, serve, or in any manner possess or distribute intoxicating beverages or controlled substances upon its premises.Source Laws 2018, LB731,  40. 
38-10,125.05.  Mobile cosmetology salon license; renewal.The procedure for renewing a mobile cosmetology salon license shall be in accordance with section 38-143, except that in addition to all other requirements, the salon shall submit evidence of minimal property damage, bodily injury, and liability insurance coverage for the salon and evidence of coverage which meets the requirements of the Motor Vehicle Registration Act for the salon.Source Laws 2018, LB731,  41. Cross References  Motor Vehicle Registration Act, see section 60-301.
38-10,125.06.  Mobile cosmetology salon license; revocation or expiration; effect.The license of a mobile cosmetology salon that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such salon may reopen for business.Source Laws 2018, LB731,  42. 
38-10,125.07.  Mobile cosmetology salon license; change of ownership or mobile unit; effect.Each mobile cosmetology salon license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and approved before such salon may reopen for business.Source Laws 2018, LB731,  43. 
38-10,125.08.  Mobile cosmetology salon; owner liability.The owner of each mobile cosmetology salon shall have full responsibility for ensuring that the salon is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the salon.Source Laws 2018, LB731,  44. 
38-10,125.  Home services permit; owner; liability.The owner of each salon holding a home services permit shall have full responsibility for ensuring that the home services are provided in compliance with all applicable laws and rules and regulations and shall be liable for any violations which occur.Source  Laws 1986, LB 318,  125;  Laws 1995, LB 83,  51;   R.S.1943, (2003),  71-3,164;  Laws 2007, LB463,  387. 
38-10,126.  Nail technology activities; licensure required.Licensure shall be required before any person may engage in the full, unsupervised practice of nail technology. No person may assume the title of nail technician or nail technology instructor without first being licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. No person, group, company, or other entity shall operate, advertise, or hold himself, herself, or itself out as operating a nail technology establishment in which any of the practices of nail technology are carried out unless such nail technology establishment is licensed under the act. No person shall provide nail technology services unless he or she practices in a currently licensed cosmetology establishment or nail technology establishment.Source  Laws 1999, LB 68,  28;   R.S.1943, (2003),  71-3,180;  Laws 2007, LB463,  388. 
38-10,127.  Nail technology activities; enumerated.No person, group, company, limited liability company, or other entity shall engage in any of the following acts without being licensed as required by the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, unless specifically excepted by the act:(1) Performing or advertising or holding oneself out as performing or qualified to perform any of the practices of nail technology;(2) Teaching or advertising or holding oneself out as teaching or qualified to teach any of the practices of nail technology; or(3) Operating or advertising or holding oneself out as operating an establishment in which any of the practices of nail technology are performed or taught.Source  Laws 1999, LB 68,  29;   R.S.1943, (2003),  71-3,181;  Laws 2007, LB463,  389. 
38-10,128.  Nail technician or instructor; licensure by examination; requirements.In order to be licensed as a nail technician or nail technology instructor by examination, an individual shall meet, and present to the department evidence of meeting, the following requirements:(1) He or she has attained the age of seventeen years on or before the beginning date of the examination for which application is being made;(2) He or she has completed formal education equivalent to a United States high school education;(3) He or she possesses sufficient ability to read the English language to permit the applicant to practice in a safe manner, as evidenced by successful completion of the written examination; and(4) He or she has graduated from a school of cosmetology or nail technology school providing a nail technology program. Evidence of graduation shall include documentation of the total number of hours of training earned and a diploma or certificate from the school to the effect that the applicant has complied with the following:(a) For licensure as a nail technician, the program of studies shall consist of three hundred hours; and(b) For licensure as a nail technology instructor, the program of studies shall consist of three hundred hours beyond the program of studies required for licensure as a nail technician and the individual shall be currently licensed as a nail technician in Nebraska as evidenced by possession of a valid Nebraska nail technician license.The department shall grant a license in the appropriate category to any person meeting the requirements specified in this section.Source  Laws 1999, LB 68,  31;   R.S.1943, (2003),  71-3,183;  Laws 2007, LB463,  390;  Laws 2018, LB731,  45.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-10,129.  Application for nail technology licensure; procedure.No application for any type of licensure shall be considered complete unless all information requested on the application form has been supplied, all seals and signatures required have been obtained, and all supporting and documentary evidence has been received by the department.Source  Laws 1999, LB 68,  32;  Laws 2003, LB 242,  91;   R.S.1943, (2003),  71-3,184;  Laws 2007, LB463,  391;  Laws 2018, LB731,  46.  
38-10,130.  Licensure; examinations; duties; examinees.The board shall approve and the department shall cause examinations to be administered as required for licensure in nail technology under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act for the purpose of establishing the possession of minimum competency in the knowledge and skills required on the part of the applicant.Source  Laws 1999, LB 68,  34;   R.S.1943, (2003),  71-3,186;  Laws 2007, LB463,  392. 
38-10,131.  Examinations; requirements; grades.(1) Examinations approved by the board may be national standardized examinations, but in all cases the examinations shall be related to the knowledge and skills necessary to perform the practices being examined and shall be related to the curricula required to be taught in nail technology programs.(2) In order to successfully complete the examination, an applicant shall obtain an average grade of seventy-five percent on the written examination.Source  Laws 1999, LB 68,  35;   R.S.1943, (2003),  71-3,187;  Laws 2007, LB463,  393;  Laws 2018, LB731,  47.  
38-10,132.  Nail technician or instructor; reciprocity; requirements; military spouse; temporary license.(1) The department may grant a license based on licensure in another jurisdiction to a nail technician or nail technology instructor who presents proof of the following:(a) He or she has attained the age of seventeen years;(b) He or she has completed formal education equivalent to a United States high school education;(c) He or she is currently licensed as a nail technician or its equivalent or as a nail technology instructor or its equivalent in another jurisdiction and he or she has never been disciplined or had his or her license revoked;(d) For licensure as a nail technician, evidence of completion of a program of nail technician studies consisting of three hundred hours and successful passage of a written examination. If a written examination was not required for licensure in another jurisdiction, the applicant must take the Nebraska written examination. Each month of full-time practice as a nail technician within the five years immediately preceding application shall be valued as equivalent to one hundred hours toward a nail technician license; and(e) For licensure as a nail technology instructor, evidence of completion of a program of studies consisting of three hundred hours beyond the program of studies required for licensure in another jurisdiction as a nail technician, successful passage of a written examination, and current licensure as a nail technician in Nebraska as evidenced by possessing a valid Nebraska nail technician license. If a written examination was not required for licensure as a nail technology instructor, the applicant must take the Nebraska written examination. Each month of full-time practice as a nail technology instructor within the five years immediately preceding application shall be valued as equivalent to one hundred hours toward a nail technology instructor license.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 1999, LB 68,  39;   R.S.1943, (2003),  71-3,191;  Laws 2007, LB463,  394;  Laws 2017, LB88,  46;  Laws 2018, LB731,  48.  
38-10,133.  Nail technology license; display.Every person holding a license in nail technology issued by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall display it in a conspicuous place in his or her principal place of employment, and every nail technology establishment shall so display the then current licenses of all practitioners there employed.Source  Laws 1999, LB 68,  40;   R.S.1943, (2003),  71-3,192;  Laws 2007, LB463,  395;  Laws 2018, LB731,  49.  
38-10,134.  Nail technology temporary practitioner; licensure required.Licensure shall be required before any person may act as a nail technology temporary practitioner, and no person shall assume such title without first being licensed by the department under section 38-10,135.Source  Laws 1999, LB 68,  41;   R.S.1943, (2003),  71-3,193;  Laws 2007, LB463,  396. 
38-10,135.  Nail technology temporary practitioner; application; qualifications.An applicant for licensure as a nail technology temporary practitioner shall show evidence that his or her completed application for regular licensure has been accepted by the department, that he or she has not failed any portion of the licensure examination, and that he or she has been accepted for work in a licensed nail technology or cosmetology establishment under the supervision of a licensed nail technician or licensed cosmetologist.Source  Laws 1999, LB 68,  42;   R.S.1943, (2003),  71-3,194;  Laws 2007, LB463,  397;  Laws 2018, LB731,  50.  
38-10,136.  Nail technology temporary practitioner; expiration of license; extension.A license as a nail technology temporary practitioner shall be granted for a set period of time and cannot be renewed. The license shall expire eight weeks following the date of issuance or upon receipt of examination results, whichever occurs first. The license of a temporary practitioner who fails to take the first scheduled examination shall expire immediately unless the department finds that the temporary practitioner was unable to attend the examination due to an emergency or other valid circumstances. If the department so finds, it may extend the license for an additional eight weeks or until receipt of the examination results, whichever occurs first. No license may be extended in such manner more than once for each temporary practitioner.Source  Laws 1999, LB 68,  43;   R.S.1943, (2003),  71-3,195;  Laws 2007, LB463,  398. 
38-10,137.  Continuing competency; limited exemption.The department, with the recommendation of the board, may waive continuing competency requirements, in part or in total, for any two-year licensing period when a licensee submits documentation that circumstances beyond his or her control prevented completion of such requirements as provided in section 38-146. In addition to circumstances determined by the department to be beyond the licensee's control pursuant to such section, a nail technology instructor who meets the continuing competency requirements for the nail technology instructor's license shall be exempt from meeting the continuing competency requirements for his or her nail technician license for that biennium.Source  Laws 1999, LB 68,  55;  Laws 2002, LB 1021,  53;   R.S.1943, (2003),  71-3,206;  Laws 2007, LB463,  399. 
38-10,138.  Nail technology establishment; license required.No person shall operate or profess or attempt to operate a nail technology establishment unless such establishment is licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. The department shall not issue or renew a license for a nail technology establishment until all requirements of the act have been complied with. No person shall engage in any of the practices of nail technology in any location or premises other than a licensed nail technology or cosmetology establishment except as specifically permitted in the act.Source  Laws 1999, LB 68,  57;   R.S.1943, (2003),  71-3,208;  Laws 2007, LB463,  400. 
38-10,139.  Nail technology salon; license; requirements.In order to be licensed as a nail technology salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements:(1) The proposed nail technology salon shall be a fixed, permanent structure or part of one;(2) The proposed nail technology salon shall be physically separated from all other business or residential activities except cosmetology, barbering, manicuring, pedicuring, and retail sales;(3) The separation required in subdivision (2) of this section shall be by fixed walls or by partitions not less than six feet high;(4) All areas of the nail technology salon, including those used for manicuring, pedicuring, or retail sales, shall comply with the sanitary requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;(5) A nail technology salon located in a residence shall be entirely distinct and separate from any living quarters, except that there may be one connecting door to the living portion of the dwelling as an access entrance to the salon for the owner or operator, but such entrance shall not be for the use of the general public;(6) The entrance into the proposed nail technology salon used by the general public shall lead directly from the outside to the salon, except that a salon located in a commercial building may have its entrance open from a public area such as a foyer, hallway, mall, concourse, or retail sales floor. The requirements of this subdivision do not apply to nail salons located within licensed cosmetology salons;(7) The proposed nail technology salon shall have at least one hundred fifty square feet of floor space. If more than one practitioner is to be employed in the salon at the same time, the salon shall contain an additional space of at least fifty square feet for each additional practitioner, except that a salon employing a licensee exclusively to perform home services need not provide additional space for such employee;(8) The proposed nail technology salon shall include toilet facilities unless the salon is located in a commercial building in which public toilet facilities are available that open directly off of a public area;(9) The proposed nail technology salon shall have handwashing facilities within the salon; and(10) The proposed nail technology salon shall meet all state or local building code and fire code requirements.Source  Laws 1999, LB 68,  59;   R.S.1943, (2003),  71-3,210;  Laws 2007, LB463,  401. 
38-10,140.  Nail technology salon; license application.Any person seeking a license to operate a nail technology salon shall submit a completed application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, the application shall be submitted at least thirty days before the proposed opening of the salon for operation. Along with the application the applicant shall submit:(1) A detailed floor plan or blueprint of the proposed salon sufficient to demonstrate compliance with the requirements of section 38-10,139; and(2) Evidence of minimal property damage, bodily injury, and liability insurance coverage for the proposed salon.Source  Laws 1999, LB 68,  60;   R.S.1943, (2003),  71-3,211;  Laws 2007, LB463,  402. 
38-10,141.  Nail technology salon; application; review; certificate of consideration; inspection.Each application for a license to operate a nail technology salon shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. If an application is denied, the applicant shall be informed in writing of the grounds for denial and such denial shall not prejudice future applications by the applicant. If an application is approved, the department shall issue the applicant a certificate of consideration to operate a salon pending an operation inspection. The department shall conduct an operation inspection of each salon issued a certificate of consideration within six months after the issuance of such certificate. Salons passing the inspection shall be issued a permanent license. Salons failing the inspection shall submit within fifteen days evidence of corrective action taken to improve those aspects of operation found deficient. If evidence is not submitted within fifteen days or if after a second inspection the salon does not receive a satisfactory rating, it shall immediately relinquish its certificate of consideration and cease operation.Source  Laws 1999, LB 68,  61;   R.S.1943, (2003),  71-3,212;  Laws 2007, LB463,  403. 
38-10,142.  Nail technology salon; operating requirements.In order to maintain its license in good standing, each nail technology salon shall operate in accordance with the following requirements:(1) The nail technology salon shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under such act;(2) The nail technology salon owner or his or her agent shall notify the department at least thirty days prior to any change of ownership, name, or address, and at least one week prior to closure, except in emergency circumstances as determined by the department;(3) No nail technology salon shall permit any unlicensed person to perform any of the practices of nail technology within its confines or employment;(4) The nail technology salon shall display a name upon, over, or near the entrance door distinguishing it as a nail technology salon;(5) The nail technology salon shall permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during the normal operating hours of the nail technology salon, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas of the nail technology salon, all personnel, and all records requested by the inspector;(6) The nail technology salon shall display in a conspicuous place the following records:(a) The current license or certificate of consideration to operate a nail technology salon;(b) The current licenses of all persons licensed under the act who are employed by or working in the nail technology salon; and(c) The rating sheet from the most recent operation inspection;(7) At no time shall a nail technology salon employ more employees than permitted by the square footage requirements of the act; and(8) The nail technology salon shall not knowingly permit its employees to use or consume intoxicating beverages upon its premises.Source  Laws 1999, LB 68,  62;   R.S.1943, (2003),  71-3,213;  Laws 2007, LB463,  404;  Laws 2018, LB731,  51.  
38-10,143.  Nail technology salon license; renewal; insurance.The procedure for renewing a nail technology salon license shall be in accordance with section 38-143, except that in addition to all other requirements, the salon shall submit evidence of minimal property damage, bodily injury, and liability insurance coverage.Source  Laws 1999, LB 68,  63;  Laws 2003, LB 242,  94;   R.S.1943, (2003),  71-3,214;  Laws 2007, LB463,  405. 
38-10,144.  Nail technology salon license; revoked or expired; effect.A nail technology salon license that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such salon may reopen for business.Source  Laws 1999, LB 68,  64;   R.S.1943, (2003),  71-3,215;  Laws 2007, LB463,  406. 
38-10,145.  Nail technology salon license; change of ownership or location; effect.Each nail technology salon license issued shall be in effect solely for the owner or owners and premises named on the license and shall expire automatically upon any change of ownership or location. An original application for licensure shall be submitted and approved before such salon may reopen for business.Source  Laws 1999, LB 68,  65;   R.S.1943, (2003),  71-3,216;  Laws 2007, LB463,  407. 
38-10,146.  Nail technology salon owner; responsibilities.The owner of each nail technology salon shall have full responsibility for ensuring that the salon is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the salon.Source  Laws 1999, LB 68,  66;   R.S.1943, (2003),  71-3,217;  Laws 2007, LB463,  408. 
38-10,147.  Nail technology school; license; requirements.In order to be licensed as a nail technology school by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements:(1) The proposed school shall be a fixed, permanent structure or part of one;(2) The proposed school shall have a contracted enrollment of students;(3) The proposed school shall contain at least five hundred square feet of floor space and facilities, staff, apparatus, and equipment appropriate to its projected enrollment in accordance with the standards established by rule and regulation; and(4) The proposed school shall not have the same entrance as or direct access to a cosmetology salon or nail technology salon.Source  Laws 1999, LB 68,  67;   R.S.1943, (2003),  71-3,218;  Laws 2007, LB463,  409;  Laws 2018, LB731,  52.  
38-10,148.  School of cosmetology; exempt.A licensed school of cosmetology is not required to be licensed as a nail technology school in order to provide a nail technology program.Source  Laws 1999, LB 68,  68;   R.S.1943, (2003),  71-3,219;  Laws 2007, LB463,  410. 
38-10,149.  Nail technology school; license; application.Any person seeking a license to operate a nail technology school shall submit a completed application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, the application shall be received at least thirty days before the proposed opening of the school.Source  Laws 1999, LB 68,  69;   R.S.1943, (2003),  71-3,220;  Laws 2007, LB463,  411. 
38-10,150.  Nail technology school; license; application; requirements.Along with the application, an applicant for a license to operate a nail technology school shall submit:(1) A detailed floor plan or blueprint of the proposed school building sufficient to show compliance with the relevant rules and regulations;(2) Evidence of minimal property damage, personal injury, and liability insurance coverage for the proposed school;(3) A copy of the curriculum to be taught for all courses;(4) A copy of the school catalog, handbook, or policies and the student contract; and(5) A list of the names and credentials of all persons licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to be employed by the school.A nail technology school's license shall be valid only for the location named in the application. When a school desires to change locations, it shall comply with section 38-10,158.Source  Laws 1999, LB 68,  70;  Laws 2003, LB 242,  95;   R.S.1943, (2003),  71-3,221;  Laws 2007, LB463,  412;  Laws 2018, LB731,  53.  
38-10,151.  Nail technology school; application; review; inspection.Each application for a license to operate a nail technology school shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. If an application is denied, the applicant shall be informed in writing of the grounds for denial and such denial shall not prejudice future applications by the applicant. If an application is accepted, the department shall immediately conduct an accreditation inspection of the proposed school. A school passing the inspection shall be issued a license and may begin operation as soon as the inspection results are received. If the proposed school fails the inspection, the applicant shall submit, within fifteen days, evidence of corrective action taken to improve those aspects of operation found deficient. If, after a second inspection to be conducted within thirty days after receipt of evidence, the school does not receive a satisfactory rating, or if evidence is not received within fifteen days, the application may be denied.Source  Laws 1999, LB 68,  71;   R.S.1943, (2003),  71-3,222;  Laws 2007, LB463,  413. 
38-10,152.  Nail technology school; operating requirements.In order to maintain its license in good standing, each nail technology school shall operate in accordance with the following requirements:(1) The school shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under such act;(2) The school owner or owners or their authorized agent shall notify the department at least thirty days prior to any change of ownership, name, or address, and at least sixty days prior to closure, except in emergency circumstances as determined by the department;(3) No school shall permit anyone other than a nail technology student, nail technology student instructor, or nail technology instructor to perform any of the practices of nail technology within its confines or employment, except that such restriction shall not prevent a school from inviting guest educators who are not licensed to provide education to students or student instructors if the guest educator does not perform any of the practices of nail technology;(4) The school shall display a name upon or near the entrance door designating it as a nail technology school;(5) The school shall display in a conspicuous place within the clinic area a sign reading: All services in this school are performed by students who are training in nail technology. A notice to such effect shall also appear in all advertising conducted by the school for its clinic services;(6) The school shall permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during the normal operating hours of the school without prior notice, and the owner or manager shall assist the inspector by providing access to all areas of the school, all personnel, and all records requested by the inspector;(7) The school shall display in a conspicuous place the following records:(a) The current license to operate a nail technology school;(b) The current licenses of all persons licensed under the act, except students, employed by or working in the school; and(c) The rating sheet from the most recent accreditation inspection;(8) At no time shall a school enroll more students than permitted by the act or the rules and regulations adopted and promulgated under the act;(9) The school shall not knowingly permit its students, employees, or clients to use, consume, serve, or in any other manner possess or distribute intoxicating beverages or controlled substances upon its premises;(10) No nail technology instructor or nail technology student instructor shall perform, and no school shall permit such person to perform, any of the practices of nail technology on the public in a nail technology school other than that part of the practical work which pertains directly to the teaching of practical subjects to nail technology students or nail technology student instructors, and complete nail technology services shall not be provided for a client unless done in a demonstration class of theoretical or practical studies;(11) The school shall maintain space, staff, library, teaching apparatus, and equipment as established by rules and regulations adopted and promulgated under the act;(12) The school shall keep a daily record of the attendance and clinical performance of each student and student instructor;(13) The school shall maintain regular class and instructor hours and shall require the minimum curriculum;(14) The school shall establish and maintain criteria and standards for student grading, evaluation, and performance and shall award a certificate or diploma to a student only upon completing a full course of study in compliance with such standards, except that no student shall receive such certificate or diploma until he or she has satisfied or made an agreement with the school to satisfy all outstanding financial obligations to the school;(15) The school shall maintain on file the enrollment of each student; and(16) The school shall print and provide to each student a copy of the school rules, which shall not be inconsistent with the act or with the rules and regulations adopted and promulgated under such act and which shall include policies of the school with respect to tuition, reimbursement, conduct, attendance, grading, earning of hours and credits, demerits, penalties, dismissal, graduation requirements, dress, and other information sufficient to advise the student of the standards he or she will be required to maintain. The department may review any school's rules to determine their consistency with the intent and content of the act and the rules and regulations and may overturn any school rules found not to be in accord.Source  Laws 1999, LB 68,  72;   R.S.1943, (2003),  71-3,223;  Laws 2007, LB463,  414;  Laws 2018, LB731,  54.  
38-10,153.  Nail technology school; students; requirements.In order to maintain its license in good standing, each nail technology school shall operate in accordance with the following requirements:(1) Every person accepted for enrollment as a standard student shall meet the following qualifications:(a) He or she has attained the age of seventeen years on or before the date of his or her enrollment in a nail technology school;(b) He or she has completed the equivalent of a high school education; and(c) He or she has not undertaken any training in nail technology in this state after January 1, 2000, without being enrolled as a nail technology student;(2)(a) Every person accepted for enrollment as a special study nail technology student shall meet the following requirements:(i) He or she has attained the age of seventeen years on or before the date of enrollment in a nail technology school;(ii) He or she has completed the tenth grade; and(iii) He or she is actively continuing his or her formal high school education on a full-time basis as determined by the department.(b) Special study nail technology students shall be limited to attending a nail technology school for no more than eight hours per week during the school year;(3) No nail technology school shall accept an individual for enrollment who does not provide evidence of meeting the age and education requirements;(4) Every person accepted for enrollment as a nail technology student instructor shall show evidence of current licensure as a nail technician in Nebraska and completion of formal education equivalent to a United States high school education;(5) The school shall, at all times the school is in operation, have at least one nail technology instructor in the school for each twenty students or fraction thereof enrolled in the school;(6) The school shall not permit any nail technology student to render clinical services on members of the public with or without fees until such student has satisfactorily completed the beginning curriculum, except that the department may establish guidelines by which it may approve such practices as part of the beginning curriculum;(7) No school shall pay direct compensation to any of its nail technology students. Nail technology student instructors may be paid as determined by the school;(8) All nail technology students and nail technology student instructors shall be under the supervision of a cosmetology instructor, nail technology instructor, or nail technology student instructor at all times when nail technology services are being taught or performed;(9) No student shall be permitted by the school to train or work in a school in any manner for more than ten hours a day; and(10) The school shall not credit a nail technology student or nail technology student instructor with hours except when such hours were earned in the study or practice of nail technology in accordance with the required curriculum. Hours shall be credited on a daily basis. Once credited, hours cannot be removed or disallowed except by the department upon a finding that the hours have been wrongfully allowed.Source  Laws 1999, LB 68,  73;  Laws 2001, LB 209,  17;   R.S.1943, (2003),  71-3,224;  Laws 2007, LB463,  415;  Laws 2018, LB731,  55.  
38-10,154.  Nail technology school; transfer of students.Nail technology students or nail technology student instructors may transfer from one nail technology school to another school at any time.The school to which the student is transferring shall be entitled to receive from the student's previous school, upon request, any and all records pertaining to the student after all financial obligations of the student to the previous school are met.Source  Laws 1999, LB 68,  74;   R.S.1943, (2003),  71-3,225;  Laws 2007, LB463,  416;  Laws 2018, LB731,  56.  
38-10,156.  Nail technology school; student instructor limit.No nail technology school shall at any time enroll more than two nail technology student instructors for each full-time nail technology instructor or cosmetology instructor actively working in and employed by the school.Source  Laws 1999, LB 68,  76;   R.S.1943, (2003),  71-3,227;  Laws 2007, LB463,  418;  Laws 2018, LB731,  57.  
38-10,157.  Nail technology school license; renewal; inactive status.The procedure for renewing a school license shall be in accordance with section 38-143, except that in addition to all other requirements, the nail technology school shall receive a satisfactory rating on an accreditation inspection conducted by the department within the six months immediately prior to the date of license renewal.Any nail technology school not able to meet the requirements for license renewal shall have its license placed on inactive status until all deficiencies have been corrected, and the school shall not operate in any manner during the time its license is inactive. If the deficiencies are not corrected within six months after the date of license renewal, the license may be revoked unless the department approves an extension of the time limit. The license of a school that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such school may reopen.Source  Laws 1999, LB 68,  77;  Laws 2003, LB 242,  96;   R.S.1943, (2003),  71-3,228;  Laws 2007, LB463,  419. 
38-10,158.01.  Mobile nail technology salon; license; requirements.In order to be licensed as a mobile nail technology salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements:(1) The proposed salon is a self-contained, self-supporting, enclosed mobile unit;(2)(a)(i) The mobile unit has a global positioning system tracking device that enables the department to track the location of the salon over the Internet;(ii) The device is on board the mobile unit and functioning at all times the salon is in operation or open for business; and(iii) The owner of the salon provides the department with all information necessary to track the salon over the Internet; or(b) The owner of the salon submits to the department, in a manner specified by the department, a weekly itinerary showing the dates, exact locations, and times that nail technology services are scheduled to be provided. The owner shall submit the itinerary not less than seven calendar days prior to the beginning of the service described in the itinerary and shall submit to the department any changes in the itinerary not less than twenty-four hours prior to the change. A salon shall follow the itinerary in providing service and notify the department of any changes;(3) The salon has insurance coverage which meets the requirements of the department for the mobile unit;(4) The salon is clearly identified as such to the public by a sign;(5) The salon complies with the sanitary requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;(6) The entrance into the proposed salon used by the general public provides safe access by the public;(7) The proposed salon has at least one hundred fifty square feet of floor space. If more than one practitioner is to be employed in the salon at the same time, the salon shall contain an additional space of at least fifty square feet for each additional practitioner; and(8) The proposed salon includes a functional sink and toilet facilities and maintains an adequate supply of clean water and wastewater storage capacity.Source Laws 2018, LB731,  58. 
38-10,158.02.  Mobile nail technology salon license; application.Any person seeking a license to operate a mobile nail technology salon shall submit a completed application to the department, and along with the application, the applicant shall submit a detailed floor plan or blueprint of the proposed salon sufficient to demonstrate compliance with the requirements of section 38-10,158.01.Source Laws 2018, LB731,  59. 
38-10,158.03.  Mobile nail technology salon; application; review; denial; inspection.Each application for a license to operate a mobile nail technology salon shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. If an application is denied, the applicant shall be informed in writing of the grounds for denial, and such denial shall not prejudice future applications by the applicant. If an application is approved, the department shall issue the applicant a certificate of consideration to operate a mobile nail technology salon pending an operation inspection. The department shall conduct an operation inspection of each salon issued a certificate of consideration within six months after the issuance of such certificate. A salon which passes the inspection shall be issued a permanent license. A salon which fails the inspection shall submit within fifteen days evidence of corrective action taken to improve those aspects of operation found deficient. If evidence is not submitted within fifteen days or if after a second inspection the salon does not receive a satisfactory rating, it shall immediately relinquish its certificate of consideration and cease operation.Source Laws 2018, LB731,  60. 
38-10,158.04.  Mobile nail technology salon; operating requirements.In order to maintain its license in good standing, each mobile nail technology salon shall operate in accordance with the following requirements:(1) The salon shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under the act;(2) The salon owner or his or her agent shall notify the department of any change of ownership, name, or office address and if a salon is permanently closed;(3) No salon shall permit any unlicensed person to perform any of the practices of nail technology within its confines or employment;(4) The salon shall display a name upon, over, or near the entrance door distinguishing it as a salon;(5) The salon shall permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during the normal operating hours of the salon, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas of the salon, all personnel, and all records requested by the inspector;(6) The salon shall display in a conspicuous place the following records:(a) The current license or certificate of consideration to operate a salon;(b) The current licenses of all persons licensed under the act who are employed by or working in the salon; and(c) The rating sheet from the most recent operation inspection;(7) At no time shall a salon employ more employees than permitted by the square footage requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;(8) No nail technology services may be performed in a salon while the salon is moving. The salon must be safely and legally parked in a legal parking space at all times while clients are present inside the salon. A salon shall not park or conduct business within three hundred feet of another licensed nail technology establishment. The department is not responsible for monitoring for enforcement of this subdivision but may discipline a license for a reported and verified violation;(9) The owner of the salon shall maintain a permanent business address at which correspondence from the department may be received and records of appointments, license numbers, and vehicle identification numbers shall be kept for each salon being operated by the owner. The owner shall make such records available for verification and inspection by the department; and(10) The salon shall not knowingly permit its employees or clients to use, consume, serve, or in any manner possess or distribute intoxicating beverages or controlled substances upon its premises.Source Laws 2018, LB731,  61. 
38-10,158.05.  Mobile nail technology salon license; renewal.The procedure for renewing a mobile nail technology salon license shall be in accordance with section 38-143, except that in addition to all other requirements, the salon shall submit evidence of minimal property damage, bodily injury, and liability insurance coverage for the salon and evidence of coverage which meets the requirements of the Motor Vehicle Registration Act for the salon.Source Laws 2018, LB731,  62. Cross References  Motor Vehicle Registration Act, see section 60-301.
38-10,158.06.  Mobile nail technology salon license; revocation or expiration; effect.The license of a mobile nail technology salon that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such salon may reopen for business.Source Laws 2018, LB731,  63. 
38-10,158.07.  Mobile nail technology salon license; change of ownership or mobile unit; effect.Each mobile nail technology salon license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and approved before such salon may reopen for business.Source Laws 2018, LB731,  64. 
38-10,158.08.  Mobile nail technology salon; owner liability.The owner of each mobile nail technology salon shall have full responsibility for ensuring that the salon is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the salon.Source Laws 2018, LB731,  65. 
38-10,158.  Nail technology school; change of ownership or location; effect.Each nail technology school license issued shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or change in the county of location. An original application for licensure shall be submitted and approved before such school may reopen, except that a school moving to a new location within the same county may do so by filing an application as required by the department, paying the required fee, submitting a new floor plan, and passing an operation inspection. Materials shall be received by the department no less than thirty days prior to the move, and all provisions of this section shall be complied with before the school may begin operation at its new location.Source  Laws 1999, LB 68,  78;   R.S.1943, (2003),  71-3,229;  Laws 2007, LB463,  420. 
38-10,159.  Nail technology home services permit.A licensed nail technology salon may employ licensed nail technicians to perform nail technology home services by meeting the following requirements:(1) In order to be issued a nail technology home services permit by the department, an applicant shall hold a current active cosmetology salon license or nail technology salon license; and(2) Any person seeking a nail technology home services permit shall submit a complete application at least ten days before the proposed date for beginning home services. Along with the application the applicant shall submit evidence of application for liability insurance or bonding.The department shall issue a nail technology home services permit to each applicant meeting the requirements set forth in this section.Source  Laws 1999, LB 68,  79;   R.S.1943, (2003),  71-3,230;  Laws 2007, LB463,  421. 
38-10,160.  Nail technology home services permit; salon operating requirements.In order to maintain in good standing or renew its nail technology home services permit, a nail technology salon shall at all times operate in accordance with all requirements for operation, maintain its license in good standing, and comply with the following requirements:(1)(a) Clients receiving nail technology home services shall be in emergency or persistent circumstances which shall generally be defined as any condition sufficiently immobilizing to prevent the client from leaving his or her residence regularly to conduct routine affairs of daily living such as grocery shopping, visiting friends and relatives, attending social events, attending worship services, and other similar activities.(b) Emergency or persistent circumstances may include such conditions or situations as:(i) Chronic illness or injury leaving the client bedridden or with severely restricted mobility;(ii) Extreme general infirmity such as that associated with the aging process;(iii) Temporary conditions including, but not limited to, immobilizing injury and recuperation from serious illness or surgery;(iv) Having sole responsibility for the care of an invalid dependent or a mentally disabled person requiring constant attention;(v) Mental disability that significantly limits the client in areas of functioning described in subdivision (1)(a) of this section; or(vi) Any other conditions that, in the opinion of the department, meet the general definition of emergency or persistent circumstances;(2) The nail technology salon shall determine that each person receiving nail technology home services meets the requirements of subdivision (1) of this section and shall:(a) Complete a client information form supplied by the department before nail technology home services may be provided to any client; and(b) Keep on file the client information forms of all clients it is currently providing with nail technology home services or to whom it has provided such services within the past two years;(3) The nail technology salon shall employ or contract with persons licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to provide nail technology home services and shall not permit any person to perform any home services under its authority for which he or she is not licensed;(4) No client shall be left unattended while any chemical service is in progress or while any electrical appliance is in use; and(5) Each nail technology salon providing nail technology home services shall post a daily itinerary for each licensee providing home services. The kit for each licensee shall be available for inspection at the salon or at the home of the client receiving services.Source  Laws 1999, LB 68,  80;   R.S.1943, (2003),  71-3,231;  Laws 2007, LB463,  422;  Laws 2020, LB755,  2.  
38-10,161.  Nail technology home services; inspections.Agents of the department may make operation inspections in the homes of clients if such inspections are limited to the activities, procedures, and materials of the licensee providing nail technology home services.Source  Laws 1999, LB 68,  81;   R.S.1943, (2003),  71-3,232;  Laws 2007, LB463,  423. 
38-10,162.  Nail technology home services; performed by licensee.No licensee may perform nail technology home services except when employed by or under contract to a nail technology salon holding a valid nail technology home services permit.Source  Laws 1999, LB 68,  82;   R.S.1943, (2003),  71-3,233;  Laws 2007, LB463,  424. 
38-10,163.  Nail technology home services permit; renewal.Each nail technology home services permit shall be subject to renewal at the same time as the nail technology salon license and shall be renewed upon request of the permitholder if the salon is operating its nail technology home services in compliance with the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and if the salon license is renewed. No permit that has been revoked or expired may be reinstated or transferred to another owner or location.Source  Laws 1999, LB 68,  83;   R.S.1943, (2003),  71-3,234;  Laws 2007, LB463,  425. 
38-10,164.  Nail technology home services permit; owner; responsibility.The owner of each salon holding a nail technology home services permit shall have full responsibility for ensuring that the nail technology home services are provided in compliance with all applicable laws and rules and regulations and shall be liable for any violations which occur.Source  Laws 1999, LB 68,  84;   R.S.1943, (2003),  71-3,235;  Laws 2007, LB463,  426. 
38-10,165.  Body art; consent required; when; violation; penalty.No person shall perform body art on or to any person under eighteen years of age without the prior written consent of the parent or court-appointed guardian of such person. The person giving such consent must be present during the procedure. A copy of such consent shall be retained for a period of five years by the person performing such body art. Nothing in this section shall be construed to require the performance of body art on a person under eighteen years of age. Violation of this section is a Class III misdemeanor.Source  Laws 2004, LB 906,  34;   R.S.Supp.,2006,  71-3,236;  Laws 2007, LB463,  427. 
38-10,166.  Body art; act, how construed.Nothing in the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall be construed to authorize a person performing body art to engage in the practice of medicine and surgery.Source  Laws 2004, LB 906,  35;   R.S.Supp.,2006,  71-3,237;  Laws 2007, LB463,  428. 
38-10,167.  Ordinances governing body art; authorized.The licensure of persons performing body art or operating a body art facility under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall not be construed to restrict or prohibit a governing body of a county, city, or village from providing further requirements for performing body art or operating a body art facility within its jurisdiction under ordinances at least as stringent as, or more stringent than, the regulations of the act.Source  Laws 2004, LB 906,  36;   R.S.Supp.,2006,  71-3,238;  Laws 2007, LB463,  429. 
38-10,168.  Fees.The department shall establish and collect fees for credentialing under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  430. 
38-10,169.  Department; conduct inspections; types; rules and regulations; manner conducted.(1) The department shall conduct inspections as required by the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. Two types of inspections shall be conducted which shall be known as operation inspections and accreditation inspections. An operation inspection shall be conducted to ascertain that an establishment or a facility is operating in full compliance with all laws, rules, and regulations. An accreditation inspection shall be conducted to accomplish the purposes of an operation inspection and to ascertain that a school of cosmetology, a nail technology school, a school of esthetics, or an apprentice salon is maintaining academic standards and requirements of a quality consistent with the purpose of the act. All accreditation inspections shall be announced at least two weeks prior to the actual inspection.(2) The department, with the recommendation of the board, shall adopt and promulgate rules and regulations governing the standards and criteria to be used in the conduct of inspections, the rating system to be used, and the level of achievement necessary to receive a passing grade.(3) Operation inspections shall be unannounced and shall be conducted during the normal working hours of the establishment or facility.(4) At the conclusion of the inspection, the owner or manager of the establishment or facility shall receive a copy of the rating form, which form shall be promptly displayed, and a statement of any deficiencies noted.Source  Laws 1986, LB 318,  130;  Laws 1995, LB 83,  52;  Laws 1999, LB 68,  85;  Laws 2002, LB 241,  47;  Laws 2004, LB 906,  29;  Laws 2004, LB 1005,  38;   R.S.Supp.,2006,  71-3,169;  Laws 2007, LB463,  431. 
38-10,170.  Inspection; unsatisfactory rating; effect.If a cosmetology establishment, a nail technology establishment, or a body art facility receives a rating of unsatisfactory, it shall submit evidence to the department within fifteen days providing proof of corrective action taken. A repeat inspection shall be conducted within sixty days after the original inspection to determine if corrective action has occurred. The department may assess a fee for each repeat inspection required. If the establishment or facility receives an unsatisfactory rating on the repeat inspection, the establishment shall be fined as determined by the department by rule and regulation. If the establishment or facility receives an unsatisfactory rating after the second unsatisfactory inspection or fails to pay the fine assessed within thirty days after notice, the license shall immediately be placed on inactive status pending action by the department, and the establishment or facility may not operate in any manner while its license is inactive.The owner or manager of an establishment or a facility whose license has been placed on inactive status may appear before the board and the department to show cause why the department should not ask the Attorney General to initiate steps to revoke the license. The department may, as a result of such appearance, grant additional time for corrective action to occur, but the establishment or facility may not operate during such time. The establishment or facility may not return to operation until it has achieved a satisfactory rating on an inspection.Source  Laws 1986, LB 318,  131;  Laws 1999, LB 68,  86;  Laws 2004, LB 906,  30;   R.S.Supp.,2006,  71-3,170;  Laws 2007, LB463,  432. 
38-10,171.  Unprofessional conduct; acts enumerated.Each of the following may be considered an act of unprofessional conduct when committed by a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act:(1) Performing any of the practices regulated under the act for which an individual is not licensed or operating an establishment or facility without the appropriate license;(2) Obstructing, interfering, or failing to cooperate with an inspection or investigation conducted by an authorized representative of the department when acting in accordance with the act;(3) Failing to report to the department a suspected violation of the act;(4) Aiding and abetting an individual to practice any of the practices regulated under the act for which he or she is not licensed;(5) Engaging in any of the practices regulated under the act for compensation in an unauthorized location;(6) Engaging in the practice of any healing art or profession for which a license is required without holding such a license;(7) Enrolling a student or an apprentice without obtaining the appropriate documents prior to enrollment;(8) Knowingly falsifying any student or apprentice record or report;(9) Initiating or continuing home services to a client who does not meet the criteria established in the act;(10) Knowingly issuing a certificate of completion or diploma to a student or an apprentice who has not completed all requirements for the issuance of such document;(11) Failing, by a school of cosmetology, a nail technology school, a school of esthetics, or an apprentice salon, to follow its published rules;(12) Violating, by a school of cosmetology, nail technology school, or school of esthetics, any federal or state law involving the operation of a vocational school or violating any federal or state law involving participation in any federal or state loan or grant program;(13) Knowingly permitting any person under supervision to violate any law, rule, or regulation or knowingly permitting any establishment or facility under supervision to operate in violation of any law, rule, or regulation;(14) Receiving two unsatisfactory inspection reports within any sixty-day period;(15) Engaging in any of the practices regulated under the act while afflicted with any active case of a serious contagious disease, infection, or infestation, as determined by the department, or in any other circumstances when such practice might be harmful to the health or safety of clients;(16) Violating any rule or regulation relating to the practice of body art; and(17) Performing body art on or to any person under eighteen years of age (a) without the prior written consent of the parent or court-appointed guardian of such person, (b) without the presence of such parent or guardian during the procedure, or (c) without retaining a copy of such consent for a period of five years.Source  Laws 1986, LB 318,  138;  Laws 1995, LB 83,  54;  Laws 1999, LB 68,  88;  Laws 2002, LB 241,  49;  Laws 2004, LB 906,  32;  Laws 2004, LB 1005,  39;   R.S.Supp.,2006,  71-3,177;  Laws 2007, LB463,  433;  Laws 2018, LB731,  66.  
38-10,172.  Scleral tattooing; prohibited acts; civil penalty.(1) For purposes of this section, scleral tattooing means the practice of using needles, scalpels, or other related equipment to produce an indelible mark or figure on the human eye by scarring or inserting a pigment on, in, or under:(a) The fornix conjunctiva;(b) The bulbar conjunctiva;(c) The ocular conjunctiva; or(d) Another ocular surface.(2) Except as provided in subsection (3) of this section, a person shall not perform or offer to perform scleral tattooing on another person.(3) This section does not apply to a person licensed to practice medicine and surgery or osteopathic medicine and surgery pursuant to the Uniform Credentialing Act when the licensee is performing a procedure within the scope of her or his practice.(4) In addition to the remedies authorized in section 38-140 or 38-1,124, a person who performs scleral tattooing without being authorized to do so under the Uniform Credentialing Act shall be subject to a civil penalty not to exceed ten thousand dollars for each violation. If a violation continues after notification, this constitutes a separate offense. The civil penalties 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. Any civil penalty assessed and unpaid under this section shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property. The department may also collect in such action attorney's fees and costs incurred in the collection of the civil penalty. The department shall, within thirty days after receipt, transmit any collected civil penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska.Source Laws 2019, LB449,  4. 
38-1001.  Act, how cited.Sections 38-1001 to 38-10,172 shall be known and may be cited as the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act.Source  Laws 1986, LB 318,  1;  Laws 1995, LB 83,  1;  Laws 1999, LB 68,  1;  Laws 2001, LB 209,  13;  Laws 2002, LB 241,  1;  Laws 2004, LB 906,  3;   R.S.Supp.,2006,  71-340;  Laws 2007, LB463,  263;  Laws 2016, LB898,  1;  Laws 2018, LB731,  3;  Laws 2019, LB449,  3.  
38-1002.  Legislative findings.The Legislature finds that: (1) A great number of Nebraska citizens regularly demand and receive cosmetology, nail technology, esthetics, electrology, and body art services; (2) the practices of cosmetology, nail technology, esthetics, electrology, and body art involve the use of implements and chemicals that, if used or applied improperly, can be hazardous to human health and safety; (3) inadequate sanitation in the practice of cosmetology, nail technology, esthetics, electrology, or body art can encourage the spread of contagious diseases, infections, and infestations to the detriment of the health and safety of the public; (4) the knowledge of proper sanitation techniques and the proper use of implements and chemicals can best be gained by rigorous and extensive training in cosmetology, nail technology, and esthetics at institutions operated exclusively for such purposes; (5) the need of the public to be served by well-trained persons and the need of cosmetology, nail technology, and esthetics students to receive an appropriate education can best be met through the enactment of standards for the approval of schools of cosmetology, nail technology schools, and schools of esthetics; (6) the effectiveness of cosmetology, nail technology, esthetics, or electrology training and the competency to practice can best be demonstrated by the passage of an impartially administered examination before a person is permitted to practice; (7) continuing competency can best be demonstrated by participation in continuing competency activities; (8) the establishment and maintenance of a safe environment in places where cosmetology, nail technology, esthetics, electrology, or body art is practiced can best be ensured through the establishment of operating and sanitary requirements for the safe and sanitary operation of such places; (9) the protection of the health and safety of its citizens is a principal concern and duty of the State of Nebraska; and (10) the reasonable regulation and limitation of a field of practice or occupation for the purpose of protecting the health and safety of the public is a legitimate and justified exercise of the police power of the state.Source  Laws 1986, LB 318,  2;  Laws 1995, LB 83,  2;  Laws 1999, LB 68,  2;  Laws 2002, LB 241,  2;  Laws 2002, LB 1021,  38;  Laws 2004, LB 906,  4;  Laws 2004, LB 1005,  19;   R.S.Supp.,2006,  71-341;  Laws 2007, LB463,  264. 
38-1003.  Legislative intent.The Legislature declares its intent to implement the findings specified in section 38-1002 through the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, to regulate the practices and professions of cosmetology, nail technology, esthetics, electrology, and body art and cosmetology, nail technology, esthetics, and body art education in all forms, to limit the practice and teaching of cosmetology, nail technology, esthetics, or body art to persons and institutions as stipulated in the act and to penalize persons violating the act. The Legislature directs that all interpretations of the act be made with full cognizance of the findings and intentions expressed in this section and section 38-1002.Source  Laws 1986, LB 318,  3;  Laws 1995, LB 83,  3;  Laws 1999, LB 68,  3;  Laws 2002, LB 241,  3;  Laws 2004, LB 906,  5;  Laws 2004, LB 1005,  20;   R.S.Supp.,2006,  71-342;  Laws 2007, LB463,  265. 
38-1004.  Definitions, where found.For purposes of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1005 to 38-1056 apply.Source  Laws 1986, LB 318,  4;  Laws 1995, LB 83,  4;  Laws 1999, LB 68,  4;  Laws 2002, LB 241,  4;  Laws 2004, LB 906,  6;   R.S.Supp.,2006,  71-343;  Laws 2007, LB463,  266;  Laws 2016, LB898,  2;  Laws 2018, LB731,  4.  
38-1005.  Apprentice, defined.Apprentice means a person engaged in the study of any or all of the practices of cosmetology under the supervision of an instructor in an apprentice salon.Source  Laws 1986, LB 318,  5;   R.S.1943, (2003),  71-344;  Laws 2007, LB463,  267;  Laws 2018, LB731,  5.  
38-1006.  Apprentice salon, defined.Apprentice salon means a cosmetology salon licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the teaching of any or all of the practices of cosmetology to apprentices.Source  Laws 1986, LB 318,  6;   R.S.1943, (2003),  71-345;  Laws 2007, LB463,  268. 
38-1007.  Board, defined.Board means the Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art.Source  Laws 1986, LB 318,  7;   R.S.1943, (2003),  71-346;  Laws 2007, LB463,  269. 
38-1008.  Body art, defined.Body art means body piercing, branding, permanent color technology, and tattooing.Source  Laws 2004, LB 906,  7;   R.S.Supp.,2006,  71-346.01;  Laws 2007, LB463,  270. 
38-1009.  Body art facility, defined.Body art facility means any room or space or any part thereof where body art is performed or where the business of body art is conducted.Source  Laws 2004, LB 906,  8;   R.S.Supp.,2006,  71-346.02;  Laws 2007, LB463,  271. 
38-101.  Act, how cited.Sections 38-101 to 38-1,147 and the following practice acts shall be known and may be cited as the Uniform Credentialing Act:(1) The Advanced Practice Registered Nurse Practice Act;(2) The Alcohol and Drug Counseling Practice Act;(3) The Athletic Training Practice Act;(4) The Audiology and Speech-Language Pathology Practice Act;(5) The Certified Nurse Midwifery Practice Act;(6) The Certified Registered Nurse Anesthetist Practice Act;(7) The Chiropractic Practice Act;(8) The Clinical Nurse Specialist Practice Act;(9) The Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;(10) The Dentistry Practice Act;(11) The Dialysis Patient Care Technician Registration Act;(12) The Emergency Medical Services Practice Act;(13) The Environmental Health Specialists Practice Act;(14) The Funeral Directing and Embalming Practice Act;(15) The Genetic Counseling Practice Act;(16) The Hearing Instrument Specialists Practice Act;(17) The Licensed Practical Nurse-Certified Practice Act until November 1, 2017;(18) The Massage Therapy Practice Act;(19) The Medical Nutrition Therapy Practice Act;(20) The Medical Radiography Practice Act;(21) The Medicine and Surgery Practice Act;(22) The Mental Health Practice Act;(23) The Nurse Practice Act;(24) The Nurse Practitioner Practice Act;(25) The Nursing Home Administrator Practice Act;(26) The Occupational Therapy Practice Act;(27) The Optometry Practice Act;(28) The Perfusion Practice Act;(29) The Pharmacy Practice Act;(30) The Physical Therapy Practice Act;(31) The Podiatry Practice Act;(32) The Psychology Practice Act;(33) The Respiratory Care Practice Act;(34) The Surgical First Assistant Practice Act; and(35) The Veterinary Medicine and Surgery Practice Act.If there is any conflict between any provision of sections 38-101 to 38-1,147 and any provision of a practice act, the provision of the practice act shall prevail except as otherwise specifically provided in section 38-129.02.Source   Laws 1927, c. 167,  1, p. 454;   C.S.1929,  71-101;   R.S.1943,  71-101;  Laws 1972, LB 1067,  1;  Laws 1984, LB 481,  5;  Laws 1986, LB 277,  2;  Laws 1986, LB 286,  23;  Laws 1986, LB 355,  8;  Laws 1986, LB 579,  15;  Laws 1986, LB 926,  1;  Laws 1987, LB 473,  3;  Laws 1988, LB 557,  12;  Laws 1988, LB 1100,  4;  Laws 1989, LB 323,  2;  Laws 1989, LB 344,  4;   Laws 1991, LB 456,  4;  Laws 1993, LB 48,  1;  Laws 1993, LB 187,  3;  Laws 1993, LB 429,  1;  Laws 1993, LB 536,  43;  Laws 1993, LB 669,  2;  Laws 1994, LB 900,  1;  Laws 1994, LB 1210,  9;  Laws 1994, LB 1223,  2;  Laws 1995, LB 406,  10;  Laws 1996, LB 1044,  371;  Laws 1997, LB 622,  77;  Laws 1999, LB 178,  1;  Laws 1999, LB 366,  7;  Laws 1999, LB 828,  7;  Laws 2001, LB 25,  1;  Laws 2001, LB 209,  1;  Laws 2001, LB 270,  1;  Laws 2001, LB 398,  19;  Laws 2002, LB 1021,  4;  Laws 2002, LB 1062,  11;  Laws 2003, LB 242,  13;  Laws 2004, LB 1005,  8;  Laws 2004, LB 1083,  103;  Laws 2005, LB 306,  1;  Laws 2006, LB 994,  79;   R.S.Supp.,2006,  71-101;  Laws 2007, LB236,  1;  Laws 2007, LB247,  23;  Laws 2007, LB247,  58;  Laws 2007, LB296,  296;  Laws 2007, LB463,  1;  Laws 2007, LB481,  1;  Laws 2008, LB928,  2;  Laws 2009, LB195,  5;  Laws 2012, LB831,  26;  Laws 2015, LB264,  1;  Laws 2016, LB721,  18;  Laws 2016, LB750,  1;  Laws 2017, LB88,  28;  Laws 2017, LB255,  8;  Laws 2017, LB417,  3;  Laws 2018, LB701,  1;  Laws 2019, LB29,  1;  Laws 2019, LB112,  1;  Laws 2019, LB556,  1;  Laws 2021, LB148,  41;  Laws 2021, LB390,  1;  Laws 2021, LB583,  3;  Laws 2022, LB752,  5.   Effective Date: July 21, 2022  Cross References   Advanced Practice Registered Nurse Practice Act, see section 38-201.  Alcohol and Drug Counseling Practice Act, see section 38-301.  Athletic Training Practice Act, see section 38-401.  Audiology and Speech-Language Pathology Practice Act, see section 38-501.  Certified Nurse Midwifery Practice Act, see section 38-601.  Certified Registered Nurse Anesthetist Practice Act, see section 38-701.  Chiropractic Practice Act, see section 38-801.  Clinical Nurse Specialist Practice Act, see section 38-901.  Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, see section 38-1001.  Dentistry Practice Act, see section 38-1101.  Dialysis Patient Care Technician Registration Act, see section 38-3701.  Emergency Medical Services Practice Act, see section 38-1201.  Environmental Health Specialists Practice Act, see section 38-1301.  Funeral Directing and Embalming Practice Act, see section 38-1401.  Genetic Counseling Practice Act, see section 38-3401.  Hearing Instrument Specialists Practice Act, see section 38-1501.  Licensed Practical Nurse-Certified Practice Act, see section 38-1601.  Massage Therapy Practice Act, see section 38-1701.  Medical Nutrition Therapy Practice Act, see section 38-1801.  Medical Radiography Practice Act, see section 38-1901.  Medicine and Surgery Practice Act, see section 38-2001.  Mental Health Practice Act, see section 38-2101.  Nurse Practice Act, see section 38-2201.  Nurse Practitioner Practice Act, see section 38-2301.  Nursing Home Administrator Practice Act, see section 38-2401.  Occupational Therapy Practice Act, see section 38-2501.  Optometry Practice Act, see section 38-2601.  Perfusion Practice Act, see section 38-2701.  Pharmacy Practice Act, see section 38-2801.  Physical Therapy Practice Act, see section 38-2901.  Podiatry Practice Act, see section 38-3001.  Psychology Practice Act, see section 38-3101.  Respiratory Care Practice Act, see section 38-3201.  Surgical First Assistant Practice Act, see section 38-3501.  Veterinary Medicine and Surgery Practice Act, see section 38-3301. 
38-1010.  Body piercing, defined.Body piercing means puncturing the skin of a person by aid of needles or other instruments designed or used to puncture the skin for the purpose of inserting removable jewelry or other objects through the human body, except that body piercing does not include puncturing the external part of the human earlobe.Source  Laws 2004, LB 906,  9;   R.S.Supp.,2006,  71-346.03;  Laws 2007, LB463,  272. 
38-1011.  Branding, defined.Branding means a permanent mark made on human tissue by burning with a hot iron or other instrument.Source  Laws 2004, LB 906,  10;   R.S.Supp.,2006,  71-346.04;  Laws 2007, LB463,  273. 
38-1012.  Charitable administration, defined.Charitable administration means the performance of any or all of the practices of cosmetology or nail technology without compensation for the benefit of charitable purposes or organizations.Source  Laws 1986, LB 318,  8;  Laws 1999, LB 68,  5;   R.S.1943, (2003),  71-347;  Laws 2007, LB463,  274. 
38-1015.  Cosmetologist, defined.Cosmetologist means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform all of the practices of cosmetology.Source  Laws 1986, LB 318,  11;   R.S.1943, (2003),  71-350;  Laws 2007, LB463,  277. 
38-1016.  Cosmetology, defined.Cosmetology means the practice of performing for compensation any or all (1) of the acts of arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, styling, or similar work upon the hair, wig, wiglet, or hairpiece of any person, by any means, with hands or a mechanical or electrical apparatus or appliance; (2) esthetics; (3) nail technology; and (4) other similar practices upon the hair, scalp, face, neck, arms, hands, feet, or nails of any person when performed for the purpose of beautifying or enhancing physical appearance or the teaching of any practice specified in this section for occupational purposes.Source  Laws 1986, LB 318,  12;  Laws 1987, LB 543,  1;  Laws 1999, LB 68,  6;  Laws 2002, LB 241,  6;   R.S.1943, (2003),  71-351;  Laws 2007, LB463,  278. 
38-1017.  Cosmetology establishment, defined.Cosmetology establishment means a cosmetology salon, a mobile cosmetology salon, an esthetics salon, a school of cosmetology, a school of esthetics, an apprentice salon, or any other place in which any or all of the practices of cosmetology are performed on members of the general public for compensation or in which instruction or training in any or all of the practices of cosmetology is given, except when such practices constitute nonvocational training.Source  Laws 1986, LB 318,  13;  Laws 1999, LB 68,  7;  Laws 2002, LB 241,  7;   R.S.1943, (2003),  71-352;  Laws 2007, LB463,  279;  Laws 2018, LB731,  6.  
38-1018.  Cosmetology salon, defined.Cosmetology salon means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the performance of any or all of the practices of cosmetology by persons licensed under such act.Source  Laws 1986, LB 318,  14;   R.S.1943, (2003),  71-353;  Laws 2007, LB463,  280;  Laws 2018, LB731,  7.  
38-1019.  Domestic administration, defined.Domestic administration means the performance of any or all of the practices of cosmetology or nail technology upon members of a person's immediate family.Source  Laws 1986, LB 318,  17;  Laws 1999, LB 68,  8;   R.S.1943, (2003),  71-356;  Laws 2007, LB463,  281. 
38-102.  Legislative findings.The Legislature recognizes the need for regulation of persons and businesses providing health and health-related services and environmental services. It is the intent of the Legislature to provide for such regulation through the Uniform Credentialing Act.Source Laws 2007, LB463,  2. 
38-1020.  Electrologist, defined.Electrologist means a person who engages in the practice of electrolysis for permanent hair removal.Source  Laws 1995, LB 83,  5;   R.S.1943, (2003),  71-356.01;  Laws 2007, LB463,  282. 
38-1021.  Electrology, defined.Electrology means the art and practice relating to the removal of hair from normal skin of the human body by electrolysis.Source  Laws 1995, LB 83,  6;   R.S.1943, (2003),  71-356.02;  Laws 2007, LB463,  283. 
38-1023.  Electrology instructor, defined.Electrology instructor means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to teach any or all of the practices of electrology.Source  Laws 1995, LB 83,  7;  Laws 2004, LB 1005,  21;   R.S.Supp.,2006,  71-356.04;  Laws 2007, LB463,  285. 
38-1024.  Electrolysis, defined.Electrolysis means the permanent removal of hair by the application of an electrical current to the dermal papilla by a filament to cause decomposition, coagulation, or dehydration within the hair follicle by means of short wave or galvanic current or the blend, as approved by the federal Food and Drug Administration.Source  Laws 1995, LB 83,  8;   R.S.1943, (2003),  71-356.05;  Laws 2007, LB463,  286. 
38-1025.  Esthetician, defined.Esthetician means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform all of the practices of esthetics.Source  Laws 1986, LB 318,  18;  Laws 2002, LB 241,  8;   R.S.1943, (2003),  71-357;  Laws 2007, LB463,  287. 
38-1026.  Esthetics, defined.Esthetics means the practice for compensation of using an electrical or mechanical apparatus or appliance or applying and using cosmetic preparations, antiseptics, chemicals, tonics, lotions, creams, or other similar products upon the skin for personal beauty care.Source  Laws 1986, LB 318,  27;   R.S.1943, (1996),  71-366;  Laws 2002, LB 241,  9;   R.S.1943, (2003),  71-357.01;  Laws 2007, LB463,  288. 
38-1027.  Esthetics instructor, defined.Esthetics instructor means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to teach any or all of the practices of esthetics in a school of cosmetology or a school of esthetics.Source  Laws 2002, LB 241,  10;   R.S.1943, (2003),  71-357.02;  Laws 2007, LB463,  289. 
38-1028.  Esthetics salon, defined.Esthetics salon means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the performance of any or all of the practices of esthetics by persons licensed under such act.Source  Laws 1986, LB 318,  28;   R.S.1943, (1996),  71-367;  Laws 2002, LB 241,  11;   R.S.1943, (2003),  71-357.03;  Laws 2007, LB463,  290;  Laws 2018, LB731,  8.  
38-103.  Purposes of act.The purposes of the Uniform Credentialing Act are (1) to protect the public health, safety, and welfare by (a) providing for the credentialing of persons and businesses that provide health and health-related services and environmental services which are made subject to the act and (b) the development, establishment, and enforcement of standards for such services and (2) to provide for the efficient, adequate, and safe practice of such persons and businesses.Source Laws 2007, LB463,  3. 
38-1031.  Instructor, defined.Instructor means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to teach any or all of the practices of cosmetology in a school of cosmetology or an apprentice salon.Source  Laws 1986, LB 318,  20;   R.S.1943, (2003),  71-359;  Laws 2007, LB463,  293. 
38-1032.  Jurisdiction, defined.Jurisdiction means the District of Columbia and any state, territory, or possession of the United States of America.Source  Laws 1986, LB 318,  21;   R.S.1943, (2003),  71-360;  Laws 2007, LB463,  294. 
38-1033.01.  Mobile cosmetology salon, defined.Mobile cosmetology salon means a self-contained, self-supporting, enclosed mobile unit licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act as a mobile site for the performance of the practices of cosmetology by persons licensed under the act.Source Laws 2018, LB731,  9. 
38-1033.02.  Mobile nail technology salon, defined.Mobile nail technology salon means a self-contained, self-supporting, enclosed mobile unit licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as a mobile site for the performance of the practices of nail technology by persons licensed under the act.Source Laws 2018, LB731,  10. 
38-1033.  Manicuring, defined.Manicuring means the practice of performing any or all of the acts of cutting, shaping, trimming, polishing, coloring, tinting, cleansing, reshaping, or other similar cosmetic or sanitary acts on the natural fingernails or toenails of a person but does not include the practice of nail technology.Source  Laws 2001, LB 209,  14;   R.S.1943, (2003),  71-360.01;  Laws 2007, LB463,  295. 
38-1034.  Nail technician, defined.Nail technician means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform the practices of nail technology.Source  Laws 1999, LB 68,  9;   R.S.1943, (2003),  71-361.01;  Laws 2007, LB463,  296. 
38-1035.  Nail technology, defined.Nail technology means (1) attaching, applying, fitting, shaping, or adjusting artificial nails using acrylic, resin, fabric, or gel application systems, (2) sanitizing of the nail bed by brushing on or spraying material in preparation for attaching, fitting, shaping, or adjusting artificial nails using acrylic, resin, fabric, or gel application systems, (3) cutting, filing, buffing, shaping, trimming, polishing, coloring, tinting, cleansing, reshaping, or other cosmetic acts on the nails of a person when done in conjunction with the activities described in subdivisions (1) and (2) of this section, (4) the ability to detect infection, fungus, or nail disorders that contraindicate the application of artificial nails, and (5) cleansing, stimulating, manipulating, exercising, or similar acts on the hands or feet of any person when done in conjunction with the activities described in subdivisions (1) and (2) of this section. Nail technology does not include cutting nail beds, corns, or calluses or medical treatment involving the feet, hands, or nails.Source  Laws 1999, LB 68,  10;   R.S.1943, (2003),  71-361.02;  Laws 2007, LB463,  297. 
38-1036.  Nail technology establishment, defined.Nail technology establishment means a nail technology salon, a mobile nail technology salon, a nail technology school, or any other place in which the practices of nail technology are performed on members of the general public for compensation or in which instruction or training in the practices of nail technology is given, except when such practices constitute nonvocational training.Source  Laws 1999, LB 68,  11;   R.S.1943, (2003),  71-361.03;  Laws 2007, LB463,  298;  Laws 2018, LB731,  11.  
38-1037.  Nail technology instructor, defined.Nail technology instructor means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to teach the practices of nail technology in a nail technology school.Source  Laws 1999, LB 68,  12;   R.S.1943, (2003),  71-361.04;  Laws 2007, LB463,  299. 
38-1038.  Nail technology salon, defined.Nail technology salon means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the performance of the practices of nail technology by persons licensed under the act.Source  Laws 1999, LB 68,  13;   R.S.1943, (2003),  71-361.05;  Laws 2007, LB463,  300;  Laws 2018, LB731,  12.  
38-1039.  Nail technology school, defined.Nail technology school means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for teaching the practices of nail technology to nail technology students.Source  Laws 1999, LB 68,  14;   R.S.1943, (2003),  71-361.06;  Laws 2007, LB463,  301. 
38-104.  Existing rules, regulations, licenses, certificates, and legal and administrative proceedings; how treated.(1) All rules and regulations adopted prior to December 1, 2008, under the Uniform Licensing Law or other statutes amended or repealed by Laws 2007, LB 463, shall continue to be effective under the Uniform Credentialing Act to the extent not in conflict with the act.(2) All licenses, certificates, registrations, permits, seals, practice agreements, or other forms of approval issued prior to December 1, 2008, in accordance with the Uniform Licensing Law or other statutes amended or repealed by Laws 2007, LB 463, shall remain valid as issued for purposes of the Uniform Credentialing 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 Uniform Licensing Law or other statutes amended or repealed by Laws 2007, LB 463, shall be subject to the provisions of the Uniform Licensing Law or such other statutes as they existed prior to December 1, 2008.Source Laws 2007, LB463,  4. 
38-1040.  Nail technology student, defined.Nail technology student means a person engaged in the study of the practices of nail technology under the supervision of a nail technology instructor in a nail technology school.Source  Laws 1999, LB 68,  15;   R.S.1943, (2003),  71-361.07;  Laws 2007, LB463,  302. 
38-1041.  Nail technology student instructor, defined.Nail technology student instructor means a person engaged in nail technology instructor's training in a nail technology school to teach nail technology students in a nail technology school under the supervision of a nail technology instructor.Source  Laws 1999, LB 68,  16;   R.S.1943, (2003),  71-361.08;  Laws 2007, LB463,  303. 
38-1042.01.  Natural hair braiding, defined.(1) Natural hair braiding means the twisting, wrapping, weaving, extending, locking, or braiding of hair by hand or with mechanical devices such as clips, combs, crochet hooks, curlers, curling irons, hairpins, rollers, scissors, blunt-tipped needles, thread, and hair binders.(2) Natural hair braiding includes (a) the use of natural or synthetic hair extensions, natural or synthetic hair fibers, decorative beads, and other hair accessories, (b) minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair, (c) the use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, and shampoos, in conjunction with hair braiding, and (d) the making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions.(3) Natural hair braiding does not include (a) the application of dyes, reactive chemicals, or other preparations to alter the color of hair or to straighten, curl, or alter the structure of hair or (b) the use of chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds.Source Laws 2016, LB898,  3. 
38-1042.  Nail technology temporary practitioner, defined.Nail technology temporary practitioner means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform the practices of nail technology for a limited time under the supervision of a licensed nail technician or nail technology instructor.Source  Laws 1999, LB 68,  17;   R.S.1943, (2003),  71-361.09;  Laws 2007, LB463,  304. 
38-1043.  Nonvocational training, defined.Nonvocational training means the act of imparting knowledge of or skills in any or all of the practices of cosmetology, nail technology, esthetics, or electrology to persons not licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act for the purpose of noncommercial use by those receiving such training.Source  Laws 1986, LB 318,  23;  Laws 1995, LB 83,  11;  Laws 1999, LB 68,  18;  Laws 2002, LB 241,  12;   R.S.1943, (2003),  71-362;  Laws 2007, LB463,  305;  Laws 2018, LB731,  13.  
38-1044.  Permanent color technology, defined.Permanent color technology means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being so as to form indelible marks for cosmetic purposes.Source  Laws 2004, LB 906,  12;   R.S.Supp.,2006,  71-362.01;  Laws 2007, LB463,  306. 
38-1045.  Practices regulated under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, defined.Practices regulated under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act means body art, cosmetology, electrology, esthetics, and nail technology.Source  Laws 2004, LB 906,  13;   R.S.Supp.,2006,  71-363.01;  Laws 2007, LB463,  307. 
38-1046.  Practitioner, defined.Practitioner means a person who performs any or all of the practices of cosmetology, nail technology, esthetics, or electrology for compensation or who performs any or all of the practices of body art.Source  Laws 1986, LB 318,  25;  Laws 1995, LB 83,  12;  Laws 1999, LB 68,  19;  Laws 2002, LB 241,  13;  Laws 2004, LB 906,  14;   R.S.Supp.,2006,  71-364;  Laws 2007, LB463,  308. 
38-1047.  School of cosmetology, defined.School of cosmetology means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the teaching of any or all of the practices of cosmetology to students.Source  Laws 1986, LB 318,  26;  Laws 1987, LB 543,  2;   R.S.1943, (2003),  71-365;  Laws 2007, LB463,  309. 
38-1048.  School of electrolysis, defined.School of electrolysis means a school for the education and training of electrologists.Source  Laws 1995, LB 83,  10;  Laws 2004, LB 1005,  22;   R.S.Supp.,2006,  71-365.01;  Laws 2007, LB463,  310. 
38-1049.  School of esthetics, defined.School of esthetics means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for teaching the practices of esthetics to esthetics students.Source  Laws 2002, LB 241,  14;   R.S.1943, (2003),  71-365.02;  Laws 2007, LB463,  311. 
38-105.  Definitions, where found.For purposes of the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-106 to 38-120.03 apply.Source  Laws 2007, LB463,  5;  Laws 2017, LB88,  29;  Laws 2018, LB701,  2;  Laws 2019, LB112,  2.  
38-1050.  Student, defined.Student means a person engaged in the study of any or all of the practices of cosmetology or esthetics under the supervision of an instructor or esthetics instructor in a school of cosmetology or school of esthetics.Source  Laws 1986, LB 318,  29;  Laws 1995, LB 83,  13;  Laws 2002, LB 241,  15;  Laws 2004, LB 1005,  23;   R.S.Supp.,2006,  71-368;  Laws 2007, LB463,  312. 
38-1051.  Student instructor, defined.Student instructor means a person engaged in instructor's or esthetics instructor's training in a school of cosmetology or school of esthetics and in teaching students in a school of cosmetology or school of esthetics under the supervision of an instructor.Source  Laws 1986, LB 318,  30;  Laws 2002, LB 241,  16;   R.S.1943, (2003),  71-369;  Laws 2007, LB463,  313. 
38-1052.  Supervision, defined.Supervision means direct day-to-day knowledge of and control over the actions of one individual by another.Source  Laws 1986, LB 318,  31;   R.S.1943, (2003),  71-370;  Laws 2007, LB463,  314. 
38-1053.  Tattoo, defined.Tattoo means the indelible decorative mark, figure, or design introduced by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being.Source  Laws 2004, LB 906,  15;   R.S.Supp.,2006,  71-370.01;  Laws 2007, LB463,  315. 
38-1054.  Tattooing, defined.Tattooing means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being so as to form indelible marks for decorative or figurative purposes.Source  Laws 2004, LB 906,  16;   R.S.Supp.,2006,  71-370.02;  Laws 2007, LB463,  316. 
38-1055.  Teaching, defined.Teaching means the act of imparting and demonstrating knowledge of cosmetology, nail technology, esthetics, or electrology theory and practices to students, nail technology students, or apprentices in an apprentice salon, a school of cosmetology, a nail technology school, or a school of esthetics by an instructor, an esthetics instructor, a nail technology instructor, a nail technology student instructor, or a student instructor for the purpose of preparing the students, nail technology students, nail technology student instructors, or apprentices to engage in the occupations of cosmetology, nail technology, esthetics, or electrology.Source  Laws 1986, LB 318,  32;  Laws 1995, LB 83,  14;  Laws 1999, LB 68,  20;  Laws 2002, LB 241,  17;  Laws 2004, LB 1005,  24;   R.S.Supp.,2006,  71-371;  Laws 2007, LB463,  317. 
38-1056.  Temporary practitioner, defined.Temporary practitioner means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform any or all of the practices of cosmetology for a limited time under the supervision at all times of a designated supervisor.Source  Laws 1986, LB 318,  33;   R.S.1943, (2003),  71-372;  Laws 2007, LB463,  318. 
38-1057.  Board; members; qualifications.(1) The board shall consist of ten professional members, one owner of a tanning facility as defined in section 71-3902, and two public members appointed pursuant to section 38-158. The professional and public members shall meet the requirements of sections 38-164 and 38-165, respectively.(2) The professional members shall include:(a) One school owner who is also licensed as either a cosmetologist, nail technician, or esthetician;(b) One salon owner who is licensed as a cosmetologist;(c) Two cosmetologists who are not school owners;(d) One nail technician who is not a school owner;(e) One esthetician who is not a school owner;(f) One electrologist;(g) One practitioner of body art;(h) One nail technology instructor or esthetics instructor who is not a school owner; and(i) One cosmetology instructor who is not a school owner.(3) No members of the board who are school owners, salon owners, tanning facility owners, electrologists, nail technicians, instructors, cosmetologists, or practitioners of body art may be affiliated with the same establishment.Source  Laws 1986, LB 318,  35;  Laws 1987, LB 543,  3;  Laws 1994, LB 1223,  25;  Laws 1995, LB 83,  15;  Laws 1999, LB 68,  21;  Laws 2002, LB 241,  18;  Laws 2005, LB 382,  9;   R.S.Supp.,2006,  71-374;  Laws 2007, LB463,  319;  Laws 2014, LB132,  11. 
38-1058.  Cosmetology; licensure required.It shall be unlawful for any person, group, company, or other entity to engage in any of the following acts without being duly licensed as required by the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, unless specifically excepted by such act:(1) To engage in or follow or to advertise or hold oneself out as engaging in or following any of the practices of cosmetology or to act as a practitioner;(2) To engage in or advertise or hold oneself out as engaging in the teaching of any of the practices of cosmetology; or(3) To operate or advertise or hold oneself out as operating a cosmetology establishment in which any of the practices of cosmetology or the teaching of any of the practices of cosmetology are carried out.Source  Laws 1986, LB 318,  46;   R.S.1943, (2003),  71-385;  Laws 2007, LB463,  320;  Laws 2018, LB731,  14.  
38-1059.  Electrology; licensure required.No person, group, company, limited liability company, or other entity shall engage in any of the following acts without being duly licensed as required by the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, unless specifically excepted by such act:(1) To engage in or follow or to advertise or hold oneself out as engaging in or following any of the practices of electrology; or(2) To engage in or advertise or hold oneself out as engaging in the teaching of any of the practices of electrology.Source  Laws 1995, LB 83,  20;  Laws 2004, LB 1005,  25;   R.S.Supp.,2006,  71-385.01;  Laws 2007, LB463,  321. 
38-106.  Active addiction, defined.Active addiction means current physical or psychological dependence on alcohol or a substance, which dependence develops following the use of alcohol or a substance on a periodic or continuing basis.Source Laws 2007, LB463,  6. 
38-1060.  Body art; license required; conditions.(1) No person shall perform any of the practices of body art or display a sign to, or in any other way, advertise or purport to be engaged in the business of practicing body art unless such person is licensed by the department.(2) An applicant for licensure in any of the practices of body art shall show to the satisfaction of the department that the applicant:(a) Has complied with the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and the applicable rules and regulations adopted and promulgated under the act;(b) Is at least eighteen years of age;(c) Has completed formal education equivalent to a United States high school education;(d) Has submitted evidence of training or experience prescribed or approved by the board to ensure the protection of the public in performing the practices of body art for which the applicant is seeking licensure; and(e) Has successfully completed an examination prescribed or approved by the board to test the applicant's knowledge of safety, sanitation, and sterilization techniques and infection control practices and requirements.Source  Laws 2004, LB 906,  25;   R.S.Supp.,2006,  71-385.02;  Laws 2007, LB463,  322. 
38-1061.  Licensure; categories; use of titles prohibited; practice in licensed establishment or facility.(1) All practitioners shall be licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act in a category or categories appropriate to their practice.(2) Licensure shall be required before any person may engage in the full, unsupervised practice or teaching of cosmetology, electrology, esthetics, nail technology, or body art, and no person may assume the title of cosmetologist, electrologist, esthetician, instructor, nail technician, nail technology instructor, esthetics instructor, permanent color technician, tattoo artist, body piercer, or body brander without first being licensed by the department.(3) All licensed practitioners shall practice in an appropriate licensed establishment or facility.Source  Laws 1986, LB 318,  47;  Laws 1995, LB 83,  21;  Laws 1999, LB 68,  27;  Laws 2002, LB 241,  22;  Laws 2004, LB 906,  19;   R.S.Supp.,2006,  71-386;  Laws 2007, LB463,  323;  Laws 2018, LB731,  15.  
38-1062.  Licensure by examination; requirements.In order to be licensed by the department by examination, an individual shall meet, and present to the department evidence of meeting, the following requirements:(1) Has attained the age of seventeen years on or before the beginning date of the examination for which application is being made;(2) Has completed formal education equivalent to a United States high school education;(3) Possesses a minimum competency in the knowledge and skills necessary to perform the practices for which licensure is sought, as evidenced by successful completion of an examination in the appropriate practices approved by the board and administered by the department;(4) Possesses sufficient ability to read the English language to permit the applicant to practice in a safe manner, as evidenced by successful completion of the written examination; and(5) Has graduated from a school of cosmetology or an apprentice salon in or outside of Nebraska, a school of esthetics in or outside of Nebraska, or a school of electrolysis upon completion of a program of studies appropriate to the practices for which licensure is being sought, as evidenced by a diploma or certificate from the school or apprentice salon to the effect that the applicant has complied with the following:(a) For licensure as a cosmetologist, the program of studies shall consist of a minimum of one thousand eight hundred hours;(b) For licensure as an esthetician, the program of studies shall consist of a minimum of six hundred hours;(c) For licensure as a cosmetology instructor, the program of studies shall consist of a minimum of six hundred hours beyond the program of studies required for licensure as a cosmetologist;(d) For licensure as a cosmetology instructor, be currently licensed as a cosmetologist in Nebraska, as evidenced by possession of a valid Nebraska cosmetology license;(e) For licensure as an electrologist, the program of studies shall consist of a minimum of six hundred hours;(f) For licensure as an electrology instructor, be currently licensed as an electrologist in Nebraska and have practiced electrology actively for at least two years immediately before the application; and(g) For licensure as an esthetics instructor, completion of a program of studies consisting of a minimum of three hundred hours beyond the program of studies required for licensure as an esthetician and current licensure as an esthetician in Nebraska.Source  Laws 1986, LB 318,  48;  Laws 1987, LB 543,  6;  Laws 1995, LB 83,  22;  Laws 1996, LB 1155,  26;  Laws 1997, LB 752,  168;  Laws 2002, LB 241,  23;  Laws 2004, LB 1005,  26;   R.S.Supp.,2006,  71-387;  Laws 2007, LB463,  324;  Laws 2018, LB731,  16.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1063.  Application for examination.No application for any type of licensure shall be considered complete unless all information requested in the application has been supplied, all seals and signatures required have been obtained, and all supporting and documentary evidence has been received by the department.Source  Laws 1986, LB 318,  49;  Laws 1989, LB 344,  8;  Laws 2003, LB 242,  82;   R.S.1943, (2003)  71-388;  Laws 2007, LB463,  325;  Laws 2018, LB731,  17.  
38-1064.  Licensure; examinations; duties; examinees.(1) The board shall approve and the department shall cause examinations to be administered as required for licensure under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act for the purpose of establishing the possession of minimum competency in the knowledge and skills required on the part of the applicant.(2) No person shall be permitted to take an examination for licensure unless he or she has met all the requirements of subdivisions (1), (2), and (5) of section 38-1062 except for persons taking the examination under section 38-1067.Source  Laws 1986, LB 318,  50;  Laws 1987, LB 543,  7;  Laws 1995, LB 83,  23;  Laws 2004, LB 1005,  27;   R.S.Supp.,2006,  71-389;  Laws 2007, LB463,  326. 
38-1065.  Examinations; requirements; grades.(1) Examinations approved by the board may be national standardized examinations, but in all cases the examinations shall be related to the knowledge and skills necessary to perform the practices being examined and shall be related to the curricula required to be taught in schools of cosmetology, schools of esthetics, or schools of electrolysis.(2) Practical examinations may be offered as either written or hands-on and shall be conducted in such a manner that the identity of the applicant is not disclosed to the examiners in any way.(3) In order to successfully complete the examination, an applicant shall obtain an average grade of seventy-five percent on all examinations.Source  Laws 1986, LB 318,  51;  Laws 1987, LB 543,  8;  Laws 1995, LB 83,  24;  Laws 1997, LB 307,  134;   R.S.1943, (2003),  71-390;  Laws 2007, LB296,  366;  Laws 2007, LB463,  327;  Laws 2018, LB731,  18.  
38-1066.  Reciprocity; requirements; military spouse; temporary license.(1) The department may grant a license based on licensure in another jurisdiction to any person who meets the requirements of subdivisions (1) and (2) of section 38-1062 and who presents proof of the following:(a) That he or she is currently licensed in the appropriate category in another jurisdiction and that he or she has never been disciplined or had his or her license revoked. An applicant seeking licensure as an instructor in the manner provided in this section shall be licensed as an instructor in another jurisdiction. An applicant seeking licensure as a cosmetologist in the manner provided in this section shall be licensed as a cosmetologist in another jurisdiction. An applicant seeking licensure as an esthetician in the manner provided in this section shall be licensed as a cosmetologist, an esthetician, or an equivalent title in another jurisdiction. An applicant seeking licensure as an esthetics instructor in the manner provided in this section shall be licensed as a cosmetology instructor, esthetics instructor, or the equivalent in another jurisdiction. An applicant seeking licensure as an electrologist or an electrology instructor in the manner provided in this section shall be licensed as an electrologist or an electrology instructor, respectively, in another jurisdiction;(b) That such license was issued on the basis of an examination and the results of the examination. If an examination was not required for licensure in the other jurisdiction, the applicant shall take the Nebraska examination; and(c) That the applicant complies with the hour requirements of subdivision (5) of section 38-1062 through any combination of hours earned as a student or apprentice in a cosmetology establishment licensed or approved by the jurisdiction in which it was located and hour-equivalents granted for recent work experience, with hour-equivalents recognized as follows:(i) Each month of full-time practice as an instructor within the five years immediately preceding application shall be valued as one hundred hour-equivalents toward an instructor's license;(ii) Each month of full-time practice as a cosmetologist within the five years immediately preceding application shall be valued as one hundred hour-equivalents toward a cosmetology license;(iii) Each month of full-time practice as an esthetician within the five years immediately preceding application shall be valued as one hundred hour-equivalents toward an esthetician's license;(iv) Each month of full-time practice as an esthetics instructor within the five years immediately preceding application shall be valued as one hundred hour-equivalents toward an esthetics instructor's license; and(v) Each month of full-time practice as an electrologist within the five years immediately preceding application shall be valued as one hundred hour-equivalents toward an electrologist's license.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01 and may practice under the temporary license without supervision.Source  Laws 1986, LB 318,  55;  Laws 1987, LB 543,  9;  Laws 1995, LB 83,  26;  Laws 2002, LB 241,  24;   R.S.1943, (2003),  71-394;  Laws 2007, LB463,  328;  Laws 2017, LB88,  43;  Laws 2018, LB731,  19.  
38-1067.  Foreign-trained applicants; examination requirements.(1) Applicants for Nebraska licensure who received their training in foreign countries may not be licensed by waiver of examination except as provided in section 38-129.01. In order to be considered eligible to take the examination, they shall meet the requirements of subdivisions (1) and (2) of section 38-1062 and, in order to establish equivalency with subdivision (5) of section 38-1062, shall present proof satisfactory to the department of one of the following:(a) Current licensure or equivalent official recognition of the right to practice in a foreign country; or(b) At least five years of practice within the eight years immediately preceding the application.(2) In all cases such applicants shall take the examination for licensure in the State of Nebraska.Source  Laws 1986, LB 318,  56;  Laws 1987, LB 543,  10;  Laws 1995, LB 83,  27;   R.S.1943, (2003),  71-395;  Laws 2007, LB463,  329;  Laws 2017, LB88,  44.  
38-1068.  License; display.Every person holding a license issued by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall display it in a conspicuous place in his or her principal place of employment, and every cosmetology establishment and body art facility shall so display the then current licenses of all practitioners there employed.Source  Laws 1986, LB 318,  57;  Laws 1995, LB 83,  29;  Laws 2004, LB 906,  20;   R.S.Supp.,2006,  71-396;  Laws 2007, LB463,  330. 
38-1069.  License; when required; temporary practitioner; license.A license as a temporary practitioner shall be required before any person may act as a temporary practitioner, and no person shall assume any title indicative of being a temporary practitioner without first being so licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act.Source  Laws 1986, LB 318,  59;  Laws 2004, LB 906,  22;   R.S.Supp.,2006,  71-398;  Laws 2007, LB463,  331;  Laws 2018, LB731,  20.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-107.  Alcohol or substance abuse, defined.Alcohol or substance abuse means a maladaptive pattern of alcohol or substance use leading to clinically significant impairment or distress as manifested by one or more of the following occurring at any time during the same twelve-month period:(1) Recurrent alcohol or substance use resulting in a failure to fulfill major role obligations at work, school, or home;(2) Recurrent alcohol or substance use in situations in which it is physically hazardous;(3) Recurrent legal problems related to alcohol or substance use; or(4) Continued alcohol or substance use despite having persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of the alcohol or substance use.Source Laws 2007, LB463,  7. 
38-1070.  Temporary license; general requirements.An individual making application for a temporary license, other than a temporary license issued as provided in section 38-129.01, shall meet, and present to the department evidence of meeting, the requirements for the specific type of license applied for.Source  Laws 1986, LB 318,  60;   R.S.1943, (2003),  71-399;  Laws 2007, LB463,  332;  Laws 2017, LB88,  45;  Laws 2018, LB731,  21.  
38-1073.  Licensure as temporary practitioner; requirements.An applicant for licensure as a temporary practitioner shall show evidence that his or her completed application for regular licensure has been accepted by the department, that he or she has not failed any portion of the licensure examination, and that he or she has been accepted for work in a licensed cosmetology establishment under the supervision of a licensed practitioner.Source  Laws 1986, LB 318,  65;   R.S.1943, (2003),  71-3,104;  Laws 2007, LB463,  335;  Laws 2018, LB731,  22.  
38-1074.  Temporary licensure; expiration dates; extension.Licensure as a temporary practitioner shall expire eight weeks following the date of issuance or upon receipt of examination results, whichever occurs first. The department may extend the license an additional eight weeks.Source  Laws 1986, LB 318,  66;  Laws 1987, LB 543,  13;  Laws 1995, LB 83,  32;  Laws 2002, LB 241,  28;  Laws 2004, LB 906,  24;  Laws 2004, LB 1005,  29;   R.S.Supp.,2006,  71-3,105;  Laws 2007, LB463,  336;  Laws 2018, LB731,  23.  
38-1075.  Act; activities exempt.The Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act does not apply to or restrict the activities of the following:(1) Any person holding a current license or certificate issued pursuant to the Uniform Credentialing Act when engaged in the usual and customary practice of his or her profession or occupation;(2) Any person engaging solely in earlobe piercing;(3) Any person engaging solely in natural hair braiding;(4) Any person when engaged in domestic or charitable administration;(5) Any person performing any of the practices of cosmetology or nail technology solely for theatrical presentations or other entertainment functions;(6) Any person practicing cosmetology, electrology, esthetics, or nail technology within the confines of a hospital, nursing home, massage therapy establishment, funeral establishment, or other similar establishment or facility licensed or otherwise regulated by the department, except that no unlicensed person may accept compensation for such practice;(7) Any person providing services during a bona fide emergency;(8) Any retail or wholesale establishment or any person engaged in the sale of cosmetics, nail technology products, or other beauty products when the products are applied by the customer or when the application of the products is in direct connection with the sale or attempted sale of such products at retail;(9) Any person when engaged in nonvocational training;(10) A person demonstrating on behalf of a manufacturer or distributor any cosmetology, nail technology, electrolysis, or body art equipment or supplies if such demonstration is performed without charge;(11) Any person or licensee engaged in the practice or teaching of manicuring;(12) Any person or licensee engaged in the practice of airbrush tanning or temporary, nonpermanent airbrush tattooing; and(13) Any person applying cosmetics.Source  Laws 1986, LB 318,  67;  Laws 1987, LB 543,  14;  Laws 1988, LB 1100,  97;  Laws 1995, LB 83,  33;  Laws 1999, LB 68,  44;  Laws 2001, LB 209,  16;  Laws 2004, LB 906,  28;  Laws 2005, LB 256,  33;   R.S.Supp.,2006,  71-3,106;  Laws 2007, LB463,  337;  Laws 2016, LB898,  4;  Laws 2018, LB731,  24.  
38-1076.  Epilators; requirements.All epilators used by an electrologist shall be approved by the federal Food and Drug Administration.Source  Laws 1995, LB 83,  40;  Laws 2004, LB 1005,  30;   R.S.Supp.,2006,  71-3,106.01;  Laws 2007, LB463,  338. 
38-1077.  Continuing competency requirements; waiver; limited exemptions.The department, with the recommendation of the board, may waive continuing competency requirements, in part or in total, for any two-year licensing period when a licensee submits documentation that circumstances beyond his or her control prevented completion of such requirements as provided in section 38-146. In addition to circumstances determined by the department to be beyond the licensee's control pursuant to such section, the following exemptions shall apply:(1) An instructor who meets the continuing competency requirements for the instructor's license shall be exempt from meeting the continuing competency requirements for his or her cosmetologist license for that biennium;(2) An electrology instructor who meets the continuing competency requirements for the electrology instructor's license shall be exempt from meeting the continuing competency requirements for his or her electrologist license for that biennium; and(3) An esthetics instructor who meets the continuing education requirements for the esthetics instructor's license shall be exempt from meeting the continuing education requirements for his or her esthetician license for that biennium.Source  Laws 1986, LB 318,  78;  Laws 1995, LB 83,  37;  Laws 2002, LB 241,  31;  Laws 2002, LB 1021,  46;   R.S.1943, (2003),  71-3,117;  Laws 2007, LB463,  339. 
38-1078.  Cosmetology establishment; license required; conditions.No person shall operate or profess or attempt to operate a cosmetology establishment unless such establishment is licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. The department shall not issue or renew a license for a cosmetology establishment until all requirements of the act have been complied with. No person shall engage in any of the practices of cosmetology in any location or premises other than a licensed cosmetology establishment except as specifically permitted in the act.Source  Laws 1986, LB 318,  80;   R.S.1943, (2003),  71-3,119;  Laws 2007, LB463,  340. 
38-1079.  Licensed cosmetology establishment; nail technology services.A licensed cosmetology establishment is not required to be licensed as a nail technology salon to provide nail technology services by either a licensed cosmetologist or by a licensed nail technologist.Source  Laws 2001, LB 209,  15;   R.S.1943, (2003),  71-3,119.01;  Laws 2007, LB463,  341. 
38-108.  Board, defined; no board established by statute; effect.Board means one of the boards appointed by the State Board of Health pursuant to section 38-158 or appointed by the Governor pursuant to the Emergency Medical Services Practice Act. For professions for which there is no board established by statute, the duties normally carried out by a board are the responsibility of the department.Source  Laws 2007, LB463,  8;  Laws 2021, LB148,  42.  Cross References  Emergency Medical Services Practice Act, see section 38-1201.
38-1080.  Body art facility; license required; renewal.(1) No person shall establish or operate a body art facility in this state unless such facility is licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. The department shall not issue or renew a license for a body art facility until all applicable requirements of the act have been complied with and the facility has been inspected by the department. No person shall engage in any of the practices of body art in any location or premises other than a licensed body art facility except as specifically permitted in the act. The department shall issue a license to operate a body art facility to each qualified applicant.(2) The procedure for renewing a body art facility license shall be in accordance with section 38-143, except that in addition to all other requirements, no body art facility license may be renewed unless the facility has attained a rating of satisfactory on its most recent operation inspection. The license of any facility not attaining such rating shall be placed on inactive status and shall not be open to the public until all deficiencies have been corrected.(3) The license of a body art facility that has been revoked for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such facility can reopen for business.(4) Each body art facility license shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or location. An original application for licensure shall be submitted and approved before such facility may reopen for business.Source  Laws 2004, LB 906,  26;   R.S.Supp.,2006,  71-3,119.02;  Laws 2007, LB463,  342. 
38-1081.  Body art facility; operating requirements.(1) In order to maintain a license in good standing, each body art facility or the owner of such facility or his or her agent shall:(a) At all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under such act;(b) Notify the department at least thirty days prior to any change of ownership, name, or address, and within one week after a facility is permanently closed, except in emergency circumstances as determined by the department;(c) Permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during normal operating hours, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas, personnel, and records requested by the inspector; and(d) Display in a conspicuous place near the place where body art is performed the following records:(i) The then current license to operate the body art facility;(ii) The then current license of each person performing body art; and(iii) The inspection report from the most recent operation inspection.(2) The owner of each body art facility shall have full responsibility for ensuring that the facility is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the facility.Source  Laws 2004, LB 906,  27;   R.S.Supp.,2006,  71-3,119.03;  Laws 2007, LB463,  343. 
38-1082.  Salon, defined.For purposes of sections 38-1083 to 38-1090, salon means cosmetology salon and esthetics salon.Source  Laws 1986, LB 318,  81;  Laws 2002, LB 241,  32;   R.S.1943, (2003),  71-3,120;  Laws 2007, LB463,  344. 
38-1083.  Salon; license; requirements.In order to be licensed as a salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements:(1) The proposed salon shall be a fixed, permanent structure or part of one;(2) The proposed salon shall be physically separated from all other business or residential activities except barbering, manicuring, pedicuring, and retail sales;(3) The separation required in subdivision (2) of this section shall be by fixed walls or by partitions not less than six feet high;(4) Areas of the salon used for barbering, manicuring, or pedicuring shall be clearly identified as such to the public by a sign and shall be visually distinct from other areas of the salon;(5) All areas of the salon, including those used for manicures, pedicures, or retail sales, shall comply with the sanitary requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;(6) A salon located in a residence shall be entirely distinct and separate from any living quarters, except that there may be one connecting door to the living portion of the dwelling as an access entrance to the salon for the owner or operator, but such entrance shall not be for the use of the general public;(7) The entrance into the proposed salon used by the general public shall lead directly from the outside to the salon, except that a salon located in a commercial building may have its entrance open from a public area such as a foyer, hallway, mall, concourse, or retail sales floor. Any salon in existence and licensed on August 30, 1987, shall not be required to comply with this subdivision;(8) The proposed salon shall have at least one hundred fifty square feet of floor space. If more than one practitioner is to be employed in the salon at the same time, the salon shall contain an additional space of at least fifty square feet for each additional practitioner, except that a salon employing a licensee exclusively to perform home services need not provide additional space for such employee;(9) The proposed salon shall include toilet facilities unless the salon is located in a commercial building in which public toilet facilities are available that open directly off of a public area; and(10) The proposed salon shall meet all state or local building code and fire code requirements.Source  Laws 1986, LB 318,  82;  Laws 1987, LB 543,  19;   R.S.1943, (2003),  71-3,121;  Laws 2007, LB463,  345. 
38-1084.  Salon license; application; procedure; additional information.Any person seeking a license to operate a salon shall submit a completed application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, the application shall be submitted at least thirty days before the proposed opening of the salon for operation. Along with the application the applicant shall submit:(1) A detailed floor plan or blueprint of the proposed salon sufficient to demonstrate compliance with the requirements of section 38-1083; and(2) Evidence of minimal property damage, bodily injury, and liability insurance coverage for the proposed salon.Source  Laws 1986, LB 318,  83;   R.S.1943, (2003),  71-3,122;  Laws 2007, LB463,  346. 
38-1085.  Salon; application; review; denial; issuance; inspection.Each application for a license to operate a salon shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. In the event an application is denied, the applicant shall be informed in writing of the grounds for denial, and such denial shall not prejudice future applications by the applicant. In the event an application is approved, the department shall issue the applicant a certificate of consideration to operate a salon pending an operation inspection. The department shall conduct an operation inspection of each salon issued a certificate of consideration within six months of the issuance of such certificate. Salons passing the inspection shall be issued a permanent license. Salons failing the inspection shall submit within fifteen days evidence of corrective action taken to improve those aspects of operation found deficient. If evidence is not submitted within fifteen days or if after a second inspection the salon does not receive a satisfactory rating, it shall immediately relinquish its certificate of consideration and cease operation.Source  Laws 1986, LB 318,  84;   R.S.1943, (2003),  71-3,123;  Laws 2007, LB463,  347. 
38-1086.  Licensed salon; operating requirements.In order to maintain its license in good standing, each salon shall operate in accordance with the following requirements:(1) The salon shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and all rules and regulations adopted and promulgated under such act;(2) The salon owner or his or her agent shall notify the department at least thirty days prior to any change of ownership, name, or address, and within one week if a salon is permanently closed, except in emergency circumstances as determined by the department;(3) No salon shall permit any unlicensed person to perform any of the practices of cosmetology within its confines or employment;(4) The salon shall display a name upon, over, or near the entrance door distinguishing it as a salon;(5) The salon shall permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during the normal operating hours of the salon, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas of the salon, all personnel, and all records requested by the inspector;(6) The salon shall display in a conspicuous place the following records:(a) The current license or certificate of consideration to operate a salon;(b) The current licenses of all persons employed by or working in the salon; and(c) The rating sheet from the most recent operation inspection;(7) At no time shall a salon employ more employees than permitted by the square footage requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act; and(8) The salon shall not knowingly permit its employees to use or consume intoxicating beverages upon its premises.Source  Laws 1986, LB 318,  85;   R.S.1943, (2003),  71-3,124;  Laws 2007, LB463,  348;  Laws 2018, LB731,  25.  
38-1087.  Salon license; renewal; insurance.The procedure for renewing a salon license shall be in accordance with section 38-143, except that in addition to all other requirements, the salon shall submit evidence of minimal property damage, bodily injury, and liability insurance coverage for the salon.Source  Laws 1986, LB 318,  86;  Laws 2003, LB 242,  86;   R.S.1943, (2003),  71-3,125;  Laws 2007, LB463,  349. 
38-1088.  Salon license; revoked or expired; effect.The license of a salon that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such salon may reopen for business.Source  Laws 1986, LB 318,  87;   R.S.1943, (2003),  71-3,126;  Laws 2007, LB463,  350. 
38-1089.  Salon license; change of ownership or location; effect.Each salon license issued shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or location. An original application for licensure shall be submitted and approved before such salon may reopen for business.Source  Laws 1986, LB 318,  88;   R.S.1943, (2003),  71-3,127;  Laws 2007, LB463,  351. 
38-109.  Business, defined.Business means a person engaged in providing services listed in subsection (3) of section 38-121.Source Laws 2007, LB463,  9. 
38-1090.  Salon owner; liability.The owner of each salon shall have full responsibility for ensuring that the salon is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the salon.Source  Laws 1986, LB 318,  89;   R.S.1943, (2003),  71-3,128;  Laws 2007, LB463,  352. 
38-1097.  School of cosmetology; license; requirements.In order to be licensed as a school of cosmetology by the department, an applicant shall meet and present to the department evidence of meeting the following requirements:(1) The proposed school shall be a fixed permanent structure or part of one;(2) The proposed school shall have a contracted enrollment of at least ten full-time or part-time students;(3) The proposed school shall contain at least three thousand five hundred square feet of floor space and facilities, staff, apparatus, and equipment appropriate to its projected enrollment in accordance with the standards established by rule and regulation; and(4) The proposed school shall not have the same entrance as or direct access to a cosmetology salon, esthetics salon, or nail technology salon.A school of cosmetology is not required to be licensed as a school of esthetics in order to provide an esthetics training program or as a school of nail technology in order to provide a nail technology training program.Source  Laws 1986, LB 318,  97;  Laws 2002, LB 241,  33;   R.S.1943, (2003),  71-3,136;  Laws 2007, LB463,  359;  Laws 2018, LB731,  26.  
38-1098.  School of cosmetology license; school of esthetics license; application.Any person seeking a license to operate a school of cosmetology or school of esthetics shall submit a completed application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, the application shall be received at least thirty days before the proposed opening of the school.Source  Laws 1986, LB 318,  98;  Laws 1995, LB 83,  38;  Laws 1997, LB 752,  169;  Laws 2002, LB 241,  35;  Laws 2004, LB 1005,  31;   R.S.Supp.,2006,  71-3,137;  Laws 2007, LB463,  360. 
38-1099.  School of cosmetology license; school of esthetics license; application; additional information.Along with the application the applicant for a license to operate a school of cosmetology or school of esthetics shall submit:(1) A detailed floor plan or blueprint of the proposed school building sufficient to show compliance with the relevant rules and regulations;(2) Evidence of minimal property damage, personal injury, and liability insurance coverage for the proposed school;(3) A copy of the curriculum to be taught for all courses;(4) A copy of the school catalog, handbook, or policies and the student contract; and(5) A list of the names and credentials of all licensees to be employed by the school.Source  Laws 1986, LB 318,  99;  Laws 2002, LB 241,  36;   R.S.1943, (2003),  71-3,138;  Laws 2007, LB463,  361;  Laws 2018, LB731,  27.  
38-110.  Certificate, defined.Certificate means an authorization issued by the department that gives a person the right to use a protected title that only a person who has met specific requirements may use.Source Laws 2007, LB463,  10. 
38-1101.  Act, how cited.Sections 38-1101 to 38-1152 shall be known and may be cited as the Dentistry Practice Act.Source  Laws 2007, LB463,  434;  Laws 2015, LB80,  1;  Laws 2017, LB18,  1.  
38-1102.01.  Accredited dental assisting program, defined.Accredited dental assisting program means a program that is accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body, that is within a school or college approved by the board, and that requires a dental assisting curriculum of not less than one academic year.Source Laws 2017, LB18,  3. 
38-1102.  Definitions, where found.For purposes of the Dentistry Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1102.01 to 38-1113 apply.Source  Laws 2007, LB463,  435;  Laws 2015, LB80,  2;  Laws 2017, LB18,  2.  
38-1103.  Accredited dental hygiene program, defined.Accredited dental hygiene program means a program that is accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body, that is within a school or college approved by the board, and that requires a dental hygiene curriculum of not less than two academic years.Source Laws 2007, LB463,  436. 
38-1104.  Accredited school or college of dentistry, defined.Accredited school or college of dentistry means a school or college approved by the board and accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body.Source Laws 2007, LB463,  437. 
38-1105.  Analgesia, defined.Analgesia means the diminution or elimination of pain in the conscious patient.Source Laws 2007, LB463,  438. 
38-1106.01.  Deep sedation, defined.Deep sedation means a drug-induced depression of consciousness during which (1) a patient cannot be easily aroused but responds purposefully following repeated or painful stimulation, (2) the ability to independently maintain ventilatory function may be impaired, (3) a patient may require assistance in maintaining a patent airway and spontaneous ventilation may be inadequate, and (4) cardiovascular function is usually maintained.Source Laws 2015, LB80,  3. 
38-1106.  Board, defined.Board means the Board of Dentistry.Source Laws 2007, LB463,  439. 
38-1107.01.  Expanded function dental assistant, defined.Expanded function dental assistant means a licensed dental assistant who has met the requirements to practice as an expanded function dental assistant pursuant to section 38-1118.03.Source Laws 2017, LB18,  6. 
38-1107.02.  Expanded function dental hygienist, defined.Expanded function dental hygienist means a licensed dental hygienist who has met the requirements to practice as an expanded function dental hygienist pursuant to section 38-1118.01.Source Laws 2017, LB18,  8. 
38-1107.  Dental assistant, defined.Dental assistant means a person who does not hold a license under the Dentistry Practice Act and who is employed for the purpose of assisting a licensed dentist in the performance of his or her clinical and clinical-related duties as described in section 38-1135.Source  Laws 1986, LB 267,  1;  Laws 1999, LB 800,  2;  Laws 2001, LB 209,  4;  Laws 2002, LB 1062,  14;   R.S.1943, (2003),  71-183.02;  Laws 2007, LB463,  440;  Laws 2017, LB18,  4.  
38-1108.  General anesthesia, defined.General anesthesia means a drug-induced loss of consciousness during which (1) a patient is not arousable, even by painful stimulation, (2) the ability to independently maintain ventilatory function is often impaired, (3) a patient often requires assistance in maintaining a patent airway and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function, and (4) cardiovascular function may be impaired.Source  Laws 2007, LB463,  441;  Laws 2015, LB80,  4.  
38-1109.  General supervision, defined.General supervision means the directing of the authorized activities of a dental hygienist or dental assistant by a licensed dentist and shall not be construed to require the physical presence of the supervisor when directing such activities.Source Laws 2007, LB463,  442. 
38-111.  Consumer, defined.Consumer means a person receiving health or health-related services or environmental services and includes a patient, client, resident, customer, or person with a similar designation.Source Laws 2007, LB463,  11. 
38-1110.  Indirect supervision, defined.Indirect supervision means supervision when the licensed dentist authorizes the procedure to be performed by a dental hygienist or dental assistant and the licensed dentist is physically present on the premises when such procedure is being performed by the dental hygienist pursuant to section 38-1132 or the dental assistant.Source Laws 2007, LB463,  443. 
38-1111.01.  Licensed dental assistant, defined.Licensed dental assistant means a dental assistant who holds a license to practice as a dental assistant under the Dentistry Practice Act.Source Laws 2017, LB18,  5. 
38-1111.02.  Licensed dental hygienist, defined.Licensed dental hygienist means a person who holds a license to practice dental hygiene under the Dentistry Practice Act.Source Laws 2017, LB18,  7. 
38-1111.  Inhalation analgesia, defined.Inhalation analgesia means the administration of nitrous oxide and oxygen to diminish or eliminate pain in a conscious patient.Source Laws 2007, LB463,  444. 
38-1112.  Minimal sedation, defined.Minimal sedation means a drug-induced depression of consciousness during which (1) a patient retains the ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command, (2) cognitive function and coordination may be modestly impaired, and (3) ventilatory and cardiovascular functions are unaffected.Source  Laws 2007, LB463,  445;  Laws 2015, LB80,  5.  
38-1113.  Moderate sedation, defined.Moderate sedation means a drug-induced depression of consciousness during which (1) a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation, (2) no intervention is required to maintain a patent airway and spontaneous ventilation is adequate, and (3) cardiovascular function is usually maintained.Source  Laws 2007, LB463,  446;  Laws 2015, LB80,  6.  
38-1114.  Board; membership.The board shall have ten members. The members shall consist of two public members; six licensed dentists, including one official or member of the instructional staff from each accredited school or college of dentistry in this state; and two licensed dental hygienists.Source Laws 2007, LB463,  447. 
38-1115.  Dentistry practice, defined.Any person shall be deemed to be practicing dentistry who:(1) Performs, or attempts or professes to perform, any dental operation or oral surgery or dental service of any kind, gratuitously or for a salary, fee, money, or other remuneration paid, or to be paid directly or indirectly, to such person or to any other person or agency who is a proprietor of a place where dental operations, oral surgery, or dental services are performed;(2) Directly or indirectly, by any means or method, takes impression of the human tooth, teeth, jaws, or performs any phase of any operation incident to the replacement of a part of a tooth;(3) Supplies artificial substitutes for the natural teeth or furnishes, supplies, constructs, reproduces, or repairs any prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth, except on the written work authorization of a duly licensed and registered dentist;(4) Places such appliance or structure in the human mouth, adjusts or attempts or professes to adjust the same, or delivers the same to any person other than the dentist upon whose work authorization the work was performed;(5) Professes to the public by any method to furnish, supply, construct, reproduce, or repair any prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth;(6) Diagnoses, professes to diagnose, prescribes for, professes to prescribe for, treats, or professes to treat disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structure;(7) Extracts or attempts to extract human teeth or corrects or attempts to correct malformations of teeth or of the jaws;(8) Repairs or fills cavities in the human teeth;(9) Diagnoses, makes, and adjusts appliances to artificial casts or malposed teeth for treatment of the malposed teeth in the human mouth, with or without instruction;(10) Uses a roentgen or X-ray machine for the purpose of taking dental X-rays or roentgenograms;(11) Gives or professes to give interpretations or readings of dental X-rays or roentgenograms;(12) Administers an anesthetic of any nature in connection with a dental operation;(13) Uses the words dentist, dental surgeon, or oral surgeon, the letters D.D.S. or D.M.D., or any other words, letters, title, or descriptive matter which in any way represents such person as being able to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of the teeth or jaws or adjacent structures; or(14) States, professes, or permits to be stated or professed by any means or method whatsoever that he or she can perform or will attempt to perform dental operations or render a diagnosis connected therewith.Source   Laws 1927, c. 167,  82, p. 475;   C.S.1929,  71-1201;   R.S.1943,  71-183;   Laws 1951, c. 226,  1, p. 821;   Laws 1951, c. 227,  1, p. 825;  Laws 1971, LB 587,  10;   R.S.1943, (2003),  71-183;  Laws 2007, LB463,  448. Cross References   Alcoholic liquor, possession and use in practice, see section 53-168.06.  Dental education loan program, Rural Health Systems and Professional Incentive Act, see section 71-5650. 
38-1116.  Dentistry practice; exceptions.The Dentistry Practice Act shall not require licensure as a dentist under the act for:(1) The practice of his or her profession by a physician or surgeon licensed as such under the laws of this state unless he or she practices dentistry as a specialty;(2) The giving by a qualified anesthetist or registered nurse of an anesthetic for a dental operation under the direct supervision of a licensed dentist or physician;(3) The practice of dentistry by graduate dentists or dental surgeons who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;(4) The practice of dentistry by a licensed dentist of other states or countries at meetings of the Nebraska Dental Association or components thereof, or other like dental organizations approved by the Board of Dentistry, while appearing as clinicians;(5) The filling of work authorizations of a licensed and registered dentist as provided in this subdivision by any person or persons, association, corporation, or other entity for the construction, reproduction, or repair of prosthetic dentures, bridges, plates, or appliances to be used or worn as substitutes for natural teeth if such person or persons, association, corporation, or other entity does not solicit or advertise, directly or indirectly by mail, card, newspaper, pamphlet, radio, or otherwise, to the general public to construct, reproduce, or repair prosthetic dentures, bridges, plates, or other appliances to be used or worn as substitutes for natural teeth;(6) The use of roentgen or X-ray machines or other rays for making radiograms or similar records of dental or oral tissues under the supervision of a licensed dentist or physician if such service is not advertised by any name whatever as an aid or inducement to secure dental patronage, and no person shall advertise that he or she has, leases, owns, or operates a roentgen or X-ray machine for the purpose of making dental radiograms of the human teeth or tissues or the oral cavity or administering treatment thereto for any disease thereof;(7) The performance by a licensed dental hygienist, under the supervision of a licensed dentist, of the oral prophylaxis procedure which shall include the scaling and polishing of teeth and such additional procedures as are prescribed in accordance with rules and regulations adopted by the department;(8) The performance, under the supervision of a licensed dentist, by a dental assistant, a licensed dental assistant, or an expanded function dental assistant, of duties prescribed in accordance with rules and regulations adopted by the department;(9) The performance by a licensed dental hygienist or an expanded function dental hygienist, by virtue of training and professional ability, under the supervision of a licensed dentist, of taking dental roentgenograms. Any other person is hereby authorized, under the supervision of a licensed dentist, to take dental roentgenograms but shall not be authorized to do so until he or she has satisfactorily completed a course in dental radiology recommended by the board and approved by the department;(10) Students of dentistry who practice dentistry upon patients in clinics in the regular course of instruction at an accredited school or college of dentistry;(11) Licensed physicians and surgeons who extract teeth or treat diseases of the oral cavity, gums, teeth, or maxillary bones as an incident to the general practice of their profession;(12) Dental hygiene students who practice dental hygiene or expanded function dental hygiene upon patients in clinics in the regular course of instruction at an accredited dental hygiene program. Such dental hygiene students are also not engaged in the unauthorized practice of dental hygiene or expanded function dental hygiene; or(13) Dental assisting students who practice dental assisting or expanded function dental assisting upon patients in clinics in the regular course of instruction at an accredited dental assisting program. Such dental assisting students are also not engaged in the unauthorized practice of dental assisting, expanded function dental assisting, dental hygiene, or expanded function dental hygiene.Source   Laws 1951, c. 226,  2, p. 823;   Laws 1951, c. 227,  2, p. 827;  Laws 1971, LB 587,  11;  Laws 1984, LB 470,  5;  Laws 1991, LB 2,  10;  Laws 1996, LB 1044,  407;  Laws 1999, LB 800,  1;  Laws 1999, LB 828,  68;  Laws 2005, LB 89,  1;   R.S.Supp.,2006,  71-183.01;  Laws 2007, LB463,  449;  Laws 2017, LB18,  9.  
38-1117.  Dentistry; license; requirements.(1) Every applicant for a license to practice dentistry shall (a) present proof of graduation with a Doctor of Dental Surgery degree or a Doctor of Dental Medicine degree from an accredited school or college of dentistry, (b) pass an examination approved by the Board of Dentistry which shall consist of the National Board Dental Examinations, both Part I and Part II, as constructed and administered by the American Dental Association Joint Commission on National Dental Examinations, (c) demonstrate the applicant's skill in clinical dentistry by passing the practical examination administered by the Central Regional Dental Testing Service or any other regional or state practical examination that the Board of Dentistry determines to be comparable to such practical examination, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of dentistry and dental hygiene, and (e) demonstrate continuing clinical competency as a condition of licensure if required by the board.(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant a license to practice dentistry.Source   Laws 1927, c. 167,  84, p. 476;   Laws 1929, c. 160,  1, p. 555;   C.S.1929,  71-1203;   R.S.1943,  71-185;   Laws 1953, c. 238,  4, p. 826;   Laws 1957, c. 292,  2, p. 1049;  Laws 1984, LB 470,  6;  Laws 1985, LB 250,  12;  Laws 1988, LB 1100,  30;  Laws 1999, LB 828,  69;  Laws 2002, LB 1021,  17;  Laws 2003, LB 242,  34;   R.S.1943, (2003),  71-185;  Laws 2007, LB463,  450. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1118.01.  Expanded function dental hygiene; application for permit; qualifications.(1) Every applicant for a permit to practice expanded function dental hygiene shall (a) present proof of current, valid licensure under the Dentistry Practice Act as a licensed dental hygienist at the time of application, (b) present proof of at least one thousand five hundred hours of experience as a licensed dental hygienist, (c) present proof of successful completion of courses and examinations in expanded function dental hygiene approved by the board, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of expanded function dental hygiene, and (e) complete continuing education as a condition of the permit if required by the board.(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant the applicable permit to practice expanded function dental hygiene.Source Laws 2017, LB18,  10. 
38-1118.02.  Licensed dental assistant; application for license; qualifications.(1) Every applicant for a license to practice as a licensed dental assistant shall (a) have a high school diploma or its equivalent, (b) present proof of (i) graduation from an accredited dental assisting program or (ii) a minimum of one thousand five hundred hours of experience as a dental assistant during the five-year period prior to the application for a license, (c) pass the examination to become a certified dental assistant administered by the Dental Assisting National Board or an equivalent examination approved by the Board of Dentistry, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of dental assisting, and (e) complete continuing education as a condition of licensure if required by the board.(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant a license to practice as a licensed dental assistant.Source Laws 2017, LB18,  11. 
38-1118.03.  Expanded function dental assistant; application for permit; qualifications.(1) Every applicant for a permit to practice as an expanded function dental assistant shall (a) present proof of current, valid licensure under the Dentistry Practice Act as a licensed dental assistant at the time of application, (b) present proof of at least one thousand five hundred hours of experience as a licensed dental assistant, (c) present proof of successful completion of courses and examinations in expanded function dental assisting approved by the board, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of expanded function dental assisting, and (e) complete continuing education as a condition of the permit if required by the board.(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant the applicable permit to practice as an expanded function dental assistant.Source Laws 2017, LB18,  12. 
38-1118.  Dental hygienists; application for license; examination; qualifications; license.(1) Every applicant for a license to practice dental hygiene shall (a) present proof of graduation from an accredited dental hygiene program, (b) pass an examination approved by the Board of Dentistry which shall consist of the National Board Dental Hygiene Examination as constructed and administered by the American Dental Association Joint Commission on National Dental Examinations, (c) demonstrate the applicant's skill in clinical dental hygiene by passing the practical examination administered by the Central Regional Dental Testing Service or any other regional or state practical examination that the Board of Dentistry determines to be comparable to such practical examination, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of dentistry and dental hygiene, and (e) demonstrate continuing clinical competency as a condition of licensure if required by the board.(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant a license to practice dental hygiene.Source   Laws 1949, c. 200,  1, p. 582;   Laws 1953, c. 238,  5, p. 827;  Laws 1973, LB 589,  1;  Laws 1986, LB 926,  42;  Laws 1988, LB 1100,  32;  Laws 1999, LB 828,  73;  Laws 2001, LB 209,  5;   R.S.1943, (2003),  71-193.04;  Laws 2007, LB463,  451. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1119.  Reexamination; requirements.Any person who applies for a license to practice dentistry, dental hygiene, or dental assisting and who has failed on two occasions to pass any part of the practical examination shall be required to complete a course in clinical dentistry, dental hygiene, or dental assisting approved by the board before the department may consider the results of a third examination as a valid qualification for a license to practice dentistry, dental hygiene, or dental assisting in the State of Nebraska.Source  Laws 2007, LB463,  452;  Laws 2017, LB18,  13.  
38-112.  Course of study, defined.Course of study means a program of instruction necessary to obtain a credential meeting the requirements set out for each profession in the appropriate practice act and rules and regulations and includes a college, a professional school, a vocational school, hours of training, or a program of instruction with a similar designation.Source Laws 2007, LB463,  12. 
38-1120.  Dentist; reciprocity; requirements.Every applicant for a license to practice dentistry based on a license in another state or territory of the United States or the District of Columbia shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice of dentistry for at least three years, one of which must be within the three years immediately preceding the application, under a license in another state or territory of the United States or the District of Columbia. Practice in an accredited school or college of dentistry for the purpose of completing a postgraduate or residency program in dentistry also serves as active practice toward meeting this requirement.Source Laws 2007, LB463,  453. 
38-1121.  Dental hygienist; licensed dental assistant; reciprocity; requirements; military license; temporary license.(1) Every applicant for a license to practice dental hygiene based on a license in another state or territory of the United States or the District of Columbia shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice of dental hygiene for at least three years, one of which must be within the three years immediately preceding the application, under a license in another state or territory of the United States or the District of Columbia. Practice in an accredited dental hygiene program for the purpose of completing a postgraduate or residency program in dental hygiene also serves as active practice toward meeting this requirement.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.(3) Every applicant for a license to practice as a licensed dental assistant based on a license in another state or territory of the United States or the District of Columbia shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in practice as a licensed dental assistant for at least three years, one of which must be within the three years immediately preceding the application, under a license in another state or territory of the United States or the District of Columbia. Practice in an accredited dental assisting program for the purpose of completing a postgraduate or residency program in dental assisting also serves as active practice toward meeting this requirement.Source  Laws 2007, LB463,  454;  Laws 2017, LB18,  14;  Laws 2017, LB88,  47.  
38-1122.  Dental locum tenens; issuance; requirements; term.When circumstances indicate a need for the issuance of a dental locum tenens in the State of Nebraska, the department, with the recommendation of the board, may issue a dental locum tenens to an individual who holds an active license to practice dentistry in another state if the requirements regarding education and examination for licensure in that state are equal to or exceed the requirements regarding education and examination for licensure in Nebraska. A dental locum tenens may be issued for a period not to exceed ninety days in any twelve-month period.Source Laws 2007, LB463,  455. 
38-1123.  Dentist; temporary license; requirements; term; renewal.(1) The department, with the recommendation of the board, shall issue a temporary license to any person who (a) has met the requirements for a license to practice dentistry as set forth in section 38-1117, (b) is enrolled in an accredited school or college of dentistry for the purpose of completing a postgraduate or residency program in dentistry, and (c) is licensed in another jurisdiction under conditions which the board finds equivalent to the requirements of the State of Nebraska for obtaining a license to practice dentistry.(2) Any person who desires a temporary license shall make application to the department. Such application shall be accompanied by the required fee.(3) The temporary license shall be issued for a period of one year and, upon application to the department, renewed annually without the licensee having to pay a renewal fee.(4) The temporary licensee shall be entitled to practice dentistry, including prescribing legend drugs and controlled substances, only under the auspices of the postgraduate or residency program in which he or she is enrolled.Source  Laws 1988, LB 1100,  31;  Laws 1999, LB 828,  71;  Laws 2003, LB 242,  35;   R.S.1943, (2003),  71-185.02;  Laws 2007, LB463,  456. 
38-1124.  Faculty license; practice; limitations; requirements; renewal; continuing competency.(1) The department, with the recommendation of the board, shall issue a faculty license to any person who meets the requirements of subsection (3) or (4) of this section. A faculty licensee may practice dentistry as a faculty member at an accredited school or college of dentistry in the State of Nebraska. A faculty licensee may also teach dentistry, conduct research, and participate in an institutionally administered faculty practice. A faculty licensee eligible for licensure under subsection (4) of this section shall limit practice under such license to the clinical disciplines in which the licensee has received education at an accredited school or college of dentistry or, with the approval of the board, the clinical disciplines in which the licensee has practiced under a license, including a faculty license or teaching permit, to practice dentistry within the past three years in another jurisdiction.(2) Any person who desires a faculty license shall make a written application to the department. The application shall include information regarding the applicant's professional qualifications, experience, and licensure. The application shall be accompanied by a copy of the applicant's dental degree, any other degrees or certificates for postgraduate education of the applicant, the required fee, and certification from the dean of an accredited school or college of dentistry in the State of Nebraska at which the applicant has a contract to be employed as a full-time faculty member.(3) An individual who graduated from an accredited school or college of dentistry shall be eligible for a faculty license if the individual:(a) Has or had a license, including a faculty license or teaching permit, to practice dentistry within the past three years in another jurisdiction; and(b) Passes a jurisprudence examination administered by the board.(4) An individual who graduated from a nonaccredited school or college of dentistry shall be eligible for a faculty license if the individual:(a)(i) Has or had a license, including a faculty license or teaching permit, to practice dentistry within the past three years in another jurisdiction;(ii) Has completed at least two years of postgraduate education at an accredited school or college of dentistry recognized by the national commission and received a certificate or degree from such school or college of dentistry; or(iii) Has additional education in dentistry at an accredited school or college of dentistry that is determined by the board to be equivalent to a program recognized by the national commission, including, but not limited to, a postgraduate certificate or degree in operative dentistry;(b) Passes a jurisprudence examination administered by the board; and(c) Has passed at least one of the following:(i) Part I and Part II of the National Board Dental Examinations administered by the joint commission;(ii) The Integrated National Board Dental Examination administered by the joint commission;(iii) A specialty board examination recognized by the national commission;(iv) An examination administered by the National Dental Examining Board of Canada; or(v) An equivalent examination as determined by the Board of Dentistry.(5) A faculty license shall expire at the same time and be subject to the same renewal requirements as a regular dental license, except that such license shall remain valid and may only be renewed if the faculty licensee completes continuing education as required by the rules and regulations adopted and promulgated under the Dentistry Practice Act and demonstrates continued employment at an accredited school or college of dentistry in the State of Nebraska.(6) In order for an applicant to qualify for a faculty license pursuant to subdivision (4)(a)(iii) of this section, the applicant shall present, for review and approval by the board, a portfolio which includes, but is not limited to, academic achievements, credentials and certifications, letters of recommendation, and a list of publications.(7) For purposes of this section:(a) Another jurisdiction means some other state in the United States, a territory or jurisdiction of the United States, or a Canadian province;(b) Joint commission means the American Dental Association Joint Commission on National Dental Examinations; and(c) National commission means the National Commission on Recognition of Dental Specialties and Certifying Boards.Source  Laws 2002, LB 1062,  16;  Laws 2003, LB 242,  36;  Laws 2004, LB 1005,  11;   R.S.Supp.,2006,  71-185.03;  Laws 2007, LB463,  457;  Laws 2021, LB628,  1.  
38-1125.  Practitioner's facility; requirements; inspections; rules and regulations.(1) For purposes of this section, practitioner's facility means a facility in which a licensed dentist practices his or her profession, other than a facility licensed pursuant to the Health Care Facility Licensure Act.(2) The department shall adopt and promulgate rules and regulations which are approved by the State Board of Health for practitioners' facilities in order to insure that such facilities are safe and sanitary and use precautions necessary to prevent the creation and spread of infectious and contagious diseases. Based upon a formal complaint, the department or its employees may inspect any practitioner's facility in this state to insure compliance with such regulations.(3) Within thirty days after an inspection of a practitioner's facility which the department or its employees find to be in violation of its rules and regulations, the department shall notify the Board of Dentistry of its findings in writing. The Attorney General shall file a petition for disciplinary action pursuant to section 38-186 if the violation of the rules and regulations is not corrected within thirty days after the licensee has received notice of such violation. The department shall send a written progress report of its inspection and actions taken to the board.(4) It shall be considered unprofessional conduct for a licensee to practice in a facility that does not comply with the rules and regulations regarding sanitary practitioners' facilities.Source  Laws 1984, LB 470,  1;  Laws 1996, LB 1044,  408;  Laws 1999, LB 828,  70;  Laws 2000, LB 819,  85;   R.S.1943, (2003),  71-185.01;  Laws 2007, LB463,  458. Cross References   Alcoholic liquor, possession and use in practice, see section 53-168.06.  Health Care Facility Licensure Act, see section 71-401. 
38-1126.  Fees.The department shall establish and collect fees for credentialing under the Dentistry Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  459. 
38-1127.01.  Expanded function dental assistant; expanded function dental hygienist; display of permit.Every person who owns, operates, or controls a facility in which an expanded function dental assistant or an expanded function dental hygienist is practicing shall display the permit of such person issued by the board for expanded functions in a conspicuous place in such facility.Source Laws 2017, LB18,  15. 
38-1127.  Dentists; name of associate; duty to display.Every person who owns, operates, or controls a dental office in which anyone other than himself or herself is practicing dentistry, shall display the name of such person or persons in a conspicuous place at the public entrance to such office.Source   Laws 1927, c. 167,  88, p. 478;   C.S.1929,  71-1207;   R.S.1943,  71-189;   R.S.1943, (2003),  71-189;  Laws 2007, LB463,  460. 
38-1128.  Dentist; unlicensed associate prohibited; coercion prohibited.(1) No person owning, operating, or conducting any place where dental work of any kind is done or contracted for shall employ or permit any unlicensed dentist to practice dentistry in such place.(2) No person shall coerce or attempt to coerce a licensed dentist to practice dentistry in any manner contrary to the standards of acceptable and prevailing practice of the dental profession. Any dentist subjected to such coercion or attempted coercion has a cause of action against the person and may recover his or her damages and reasonable attorney's fees.(3) Violation of this section by a health care professional regulated pursuant to the Uniform Credentialing Act may be considered evidence of an act of unprofessional conduct.Source   Laws 1927, c. 167,  89, p. 478;   C.S.1929,  71-1208;   R.S.1943,  71-190;  Laws 2004, LB 1005,  12;   R.S.Supp.,2006,  71-190;  Laws 2007, LB463,  461. 
38-1129.  Dentist; use of own name required; exception.No person shall operate any place in which dentistry is practiced under any other name than his or her own or display in connection with his or her practice or on any advertising matter any other than his or her own name. Two or more licensed dentists who are associated in the practice may use all of their names. A widow, widower, or heir of a deceased dentist may operate such office under the name of the deceased dentist for a period of not longer than one year from the date of death.Source   Laws 1927, c. 167,  90, p. 479;   C.S.1929,  71-1209;   R.S.1943,  71-191;   Laws 1957, c. 292,  3, p. 1050;   R.S.1943, (2003),  71-191;  Laws 2007, LB463,  462. 
38-113.  Credential, defined.Credential means a license, certificate, or registration.Source Laws 2007, LB463,  13. 
38-1130.  Licensed dental hygienist; functions authorized; when; department; duties; Health and Human Services Committee; report; hearing.(1) Except as otherwise provided in this section, a licensed dental hygienist shall perform the dental hygiene functions listed in section 38-1131 only when authorized to do so by a licensed dentist who shall be responsible for the total oral health care of the patient.(2) The department may authorize a licensed dental hygienist to perform the following functions in the conduct of public health-related services in a public health setting or in a health care or related facility: Preliminary charting and screening examinations; oral health education, including workshops and inservice training sessions on dental health; and all of the duties that a dental assistant who is not licensed is authorized to perform.(3)(a) Except for periodontal scaling, root planing, and the administration of local anesthesia and nitrous oxide, the department may authorize a licensed dental hygienist to perform all of the authorized functions within the scope of practice of a licensed dental hygienist in the conduct of public health-related services in a public health setting or in a health care or related facility. In addition, the department may authorize a licensed dental hygienist to perform the following functions in such a setting or facility or for such a patient:(i) Upon completion of education and testing approved by the board, writing prescriptions for mouth rinses and fluoride products that help decrease risk for tooth decay; and(ii) Upon completion of education and testing approved by the board, minor denture adjustments.(b) Authorization shall be granted by the department under this subsection upon (i) filing an application with the department and (ii) providing evidence of current licensure and professional liability insurance coverage. Authorization may be limited by the department as necessary to protect the public health and safety upon good cause shown and may be renewed in connection with renewal of the licensed dental hygienist's license.(c) A licensed dental hygienist performing dental hygiene functions as authorized under this subsection shall (i) report authorized functions performed by him or her to the department on a form developed and provided by the department and (ii) advise the patient or recipient of services or his or her authorized representative that such services are preventive in nature and do not constitute a comprehensive dental diagnosis and care.(4) The department shall compile the data from the reports provided under subdivision (3)(c)(i) of this section and provide an annual report to the Board of Dentistry and the State Board of Health. The department shall annually evaluate the delivery of dental hygiene services in the state and, on or before September 15 of each year beginning in 2021, provide a report electronically to the Clerk of the Legislature regarding such evaluation. The Health and Human Services Committee of the Legislature shall hold a hearing at least once every three years to assess the reports submitted pursuant to this subsection.(5) For purposes of this section:(a) Health care or related facility means a hospital, a nursing facility, an assisted-living facility, a correctional facility, a tribal clinic, or a school-based preventive health program; and(b) Public health setting means a federal, state, or local public health department or clinic, community health center, rural health clinic, or other similar program or agency that serves primarily public health care program recipients.Source  Laws 1986, LB 572,  2;  Laws 1996, LB 1044,  415;  Laws 1999, LB 800,  5;   R.S.1943, (2003),  71-193.15;  Laws 2007, LB247,  24;  Laws 2007, LB296,  328;  Laws 2007, LB463,  463;  Laws 2013, LB484,  1;  Laws 2017, LB18,  16;  Laws 2020, LB312,  1.  
38-1131.  Licensed dental hygienist; procedures and functions authorized; enumerated.When authorized by and under the general supervision of a licensed dentist, a licensed dental hygienist may perform the following intra and extra oral procedures and functions:(1) Oral prophylaxis, periodontal scaling, and root planing which includes supragingival and subgingival debridement;(2) Polish all exposed tooth surfaces, including restorations;(3) Conduct and assess preliminary charting, probing, screening examinations, and indexing of dental and periodontal disease, with referral, when appropriate, for a dental diagnosis by a licensed dentist;(4) Brush biopsies;(5) Pulp vitality testing;(6) Gingival curettage;(7) Removal of sutures;(8) Preventive measures, including the application of fluorides, sealants, and other recognized topical agents for the prevention of oral disease;(9) Impressions for study casts;(10) Application of topical and subgingival agents;(11) Radiographic exposures;(12) Oral health education, including conducting workshops and inservice training sessions on dental health;(13) Application or administration of antimicrobial rinses, fluorides, and other anticariogenic agents;(14) Upon completion of education and testing approved by the board, interim therapeutic restoration technique; and(15) All of the duties that a dental assistant who is not licensed is authorized to perform.Upon completion of education and testing approved by the board and when authorized by and under the general supervision of a licensed dentist, a licensed dental hygienist may write prescriptions for mouth rinses and fluoride products that help decrease the risk for tooth decay.Source  Laws 1986, LB 572,  3;  Laws 1999, LB 800,  7;   R.S.1943, (2003),  71-193.17;  Laws 2007, LB247,  25;  Laws 2007, LB463,  464;  Laws 2017, LB18,  17.  
38-1132.  Licensed dental hygienist; activities related to analgesia authorized; administer local anesthesia; when.(1)(a) A licensed dental hygienist may monitor nitrous oxide analgesia under the indirect supervision of a licensed dentist.(b) Upon completion of education and testing approved by the board, a licensed dental hygienist may administer and titrate nitrous oxide analgesia under the indirect supervision of a licensed dentist.(2) A licensed dental hygienist may be approved by the department, with the recommendation of the board, to administer local anesthesia under the indirect supervision of a licensed dentist. The board may prescribe by rule and regulation: The necessary education and preparation, which shall include, but not be limited to, instruction in the areas of head and neck anatomy, osteology, physiology, pharmacology, medical emergencies, and clinical techniques; the necessary clinical experience; and the necessary examination for purposes of determining the competence of licensed dental hygienists to administer local anesthesia. The board may approve successful completion after July 1, 1994, of a course of instruction to determine competence to administer local anesthesia. The course of instruction must be at an accredited school or college of dentistry or an accredited dental hygiene program. The course of instruction must be taught by a faculty member or members of the school or college of dentistry or dental hygiene program presenting the course. The board may approve for purposes of this subsection a course of instruction if such course includes:(a) At least twelve clock hours of classroom lecture, including instruction in (i) medical history evaluation procedures, (ii) anatomy of the head, neck, and oral cavity as it relates to administering local anesthetic agents, (iii) pharmacology of local anesthetic agents, vasoconstrictor, and preservatives, including physiologic actions, types of anesthetics, and maximum dose per weight, (iv) systemic conditions which influence selection and administration of anesthetic agents, (v) signs and symptoms of reactions to local anesthetic agents, including monitoring of vital signs, (vi) management of reactions to or complications associated with the administration of local anesthetic agents, (vii) selection and preparation of the armamentaria for administering various local anesthetic agents, and (viii) methods of administering local anesthetic agents;(b) At least twelve clock hours of clinical instruction during which time at least three injections of each of the anterior, middle, and posterior superior alveolar, naso and greater palatine, inferior alveolar, lingual, mental, long buccal, and infiltration injections are administered; and(c) Procedures, which shall include an examination, for purposes of determining whether the licensed dental hygienist has acquired the necessary knowledge and proficiency to administer local anesthetic agents.Source  Laws 1986, LB 572,  4;  Laws 1995, LB 449,  1;  Laws 1996, LB 1044,  416;  Laws 1999, LB 800,  8;  Laws 1999, LB 828,  75;  Laws 2003, LB 242,  37;   R.S.1943, (2003),  71-193.18;  Laws 2007, LB296,  329;  Laws 2007, LB463,  465;  Laws 2017, LB18,  18.  
38-1133.  Department; additional procedures; rules and regulations.The department, with the recommendation of the board, may, by rule and regulation, prescribe functions, procedures, and services in addition to those in section 38-1131 which may be performed by a licensed dental hygienist under the supervision of a licensed dentist when such additional procedures are educational or related to the oral prophylaxis and intended to attain or maintain optimal oral health.Source  Laws 1986, LB 572,  6;  Laws 1996, LB 1044,  417;   R.S.1943, (2003),  71-193.19;  Laws 2007, LB296,  330;  Laws 2007, LB463,  466. 
38-1134.  Department; employment facilities; rules and regulations.The department, with the recommendation of the board, may adopt and promulgate rules and regulations providing for employment or work-setting facilities required for the provision of dental services by a licensed dental hygienist.Source  Laws 1986, LB 572,  7;  Laws 1996, LB 1044,  418;  Laws 1999, LB 828,  76;   R.S.1943, (2003),  71-193.20;  Laws 2007, LB463,  467. 
38-1135.  Dental assistants, licensed dental assistants, and expanded function dental assistants; employment; duties performed; rules and regulations.(1) Any licensed dentist, public institution, or school may employ dental assistants, licensed dental assistants, and expanded function dental assistants. Such dental assistants, under the supervision of a licensed dentist, may perform such duties as are prescribed in the Dentistry Practice Act in accordance with rules and regulations adopted and promulgated by the department, with the recommendation of the board.(2) The department, with the recommendation of the board, shall adopt and promulgate rules and regulations pursuant to section 38-126 governing the performance of duties by dental assistants, licensed dental assistants, and expanded function dental assistants. The rules and regulations shall include the degree of supervision which must be provided by a licensed dentist and the education and proof of competency requirements that must be met for any procedures performed by a dental assistant, a licensed dental assistant, or an expanded function dental assistant.(3) A dental assistant may perform duties delegated by a licensed dentist for the purpose of assisting the licensed dentist in the performance of the dentists clinical and clinical-related duties as allowed in the rules and regulations adopted and promulgated under the Dentistry Practice Act.(4) Under the indirect supervision of a licensed dentist, a dental assistant may (a) monitor nitrous oxide if the dental assistant has current and valid certification for cardiopulmonary resuscitation approved by the board and (b) place topical local anesthesia.(5) Upon completion of education and testing approved by the board, a dental assistant may:(a) Take X-rays under the general supervision of a licensed dentist; and(b) Perform coronal polishing under the indirect supervision of a licensed dentist.(6) A licensed dental assistant may perform all procedures authorized for a dental assistant. Upon completion of education and testing approved by the board and with a permit from the department for the respective competency, a licensed dental assistant may, under the indirect supervision of a licensed dentist, (a) take dental impressions for fixed prostheses, (b) take dental impressions and make minor adjustments for removable prostheses, (c) cement prefabricated fixed prostheses on primary teeth, and (d) monitor and administer nitrous oxide analgesia.(7) Upon completion of education and testing approved by the board and with a permit from the department for the respective competency, an expanded function dental assistant may, under the indirect supervision of a licensed dentist, place (a) restorative level one simple restorations (one surface) and (b) restorative level two complex restorations (multiple surfaces).(8) A dental assistant may be a graduate of an accredited dental assisting program or may be trained on the job.(9) No person shall practice as a licensed dental assistant in this state unless he or she holds a license as a licensed dental assistant under the Dentistry Practice Act.(10) No person shall practice as an expanded function dental assistant in this state unless he or she holds a permit as an expanded function dental assistant under the act.(11) A licensed dentist shall only delegate duties to a dental assistant, a licensed dental assistant, or an expanded function dental assistant in accordance with rules and regulations adopted and promulgated pursuant to the Dentistry Practice Act. The licensed dentist supervising a dental assistant, a licensed dental assistant, or an expanded function dental assistant shall be responsible for patient care for each patient regardless of whether the patient care is rendered personally by the dentist or by a dental assistant, a licensed dental assistant, or an expanded function dental assistant.Source  Laws 1971, LB 587,  13;  Laws 1986, LB 572,  1;  Laws 1996, LB 1044,  413;  Laws 1999, LB 800,  3;   R.S.1943, (2003),  71-193.13;  Laws 2007, LB296,  327;  Laws 2007, LB463,  468;  Laws 2017, LB18,  20.  
38-1136.01.  Licensed dental assistant; additional functions, procedures, and services.The department, with the recommendation of the board, may, by rule and regulation, prescribe functions, procedures, and services in addition to those in section 38-1135 which may be performed by a licensed dental assistant under the supervision of a licensed dentist when intended to attain or maintain optimal oral health.Source Laws 2017, LB18,  19. 
38-1136.  Licensed dental hygienists and expanded function dental hygienists; employment authorized; performance of duties; rules and regulations; license or permit required.(1) Any licensed dentist, public institution, or school may employ licensed dental hygienists and expanded function dental hygienists.(2) The department, with the recommendation of the board, shall adopt and promulgate rules and regulations governing the performance of duties by licensed dental hygienists and expanded function dental hygienists. The rules and regulations shall include the degree of supervision which must be provided by a licensed dentist and the education and proof of competency requirements that must be met for any procedures performed by a licensed dental hygienist or an expanded function dental hygienist.(3) No person shall practice dental hygiene in this state unless he or she holds a license as a licensed dental hygienist under the Dentistry Practice Act.(4) No person shall practice expanded function dental hygiene in this state unless he or she holds a permit as an expanded function dental hygienist under the act.(5) A licensed dentist shall only delegate duties to a licensed dental hygienist or an expanded function dental hygienist in accordance with rules and regulations adopted and promulgated pursuant to the Dentistry Practice Act. The licensed dentist supervising a licensed dental hygienist or an expanded function dental hygienist shall be responsible for patient care for each patient regardless of whether the patient care is rendered personally by the dentist or by a licensed dental hygienist or an expanded function dental hygienist.Source  Laws 1971, LB 587,  14;  Laws 1996, LB 1044,  414;  Laws 1999, LB 800,  4;  Laws 1999, LB 828,  74;   R.S.1943, (2003),  71-193.14;  Laws 2007, LB463,  469;  Laws 2017, LB18,  21.  
38-1137.  Administration of anesthesia or sedation; permit required; exception.A dentist licensed in this state shall not administer general anesthesia, deep sedation, moderate sedation, or minimal sedation in the practice of dentistry unless he or she has been issued the appropriate permit pursuant to the Dentistry Practice Act. A dentist licensed in this state may administer inhalation analgesia in the practice of dentistry without a permit pursuant to the act.Source  Laws 1986, LB 438,  3;   R.S.1943, (2003),  71-193.23;  Laws 2007, LB463,  470;  Laws 2015, LB80,  7.  
38-1138.  Violations; effect.A violation of provisions of the Dentistry Practice Act relating to the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation, or inhalation analgesia may result in action against the dentist's permit, license, or both pursuant to section 38-196.Source  Laws 1986, LB 438,  5;  Laws 1988, LB 1100,  33;   R.S.1943, (2003),  71-193.25;  Laws 2007, LB463,  471;  Laws 2015, LB80,  8.  
38-1139.  Permit to administer general anesthesia or deep sedation; issuance; conditions; existing permit; how treated.(1) The department, with the recommendation of the board, shall issue a permit to a Nebraska-licensed dentist to administer general anesthesia or deep sedation on an outpatient basis to dental patients if the dentist:(a) Maintains a properly equipped facility for the administration of general anesthesia or deep sedation as determined by the board;(b) Is currently certified in basic life-support skills for health care providers as determined by the board and either advanced cardiac life support or an appropriate emergency management course for anesthesia and dental sedation as determined by the board;(c) Has successfully completed an onsite evaluation covering the areas of physical evaluation, monitoring, sedation, and emergency medicine; and(d) Meets at least one of the following criteria:(i) Has completed an advanced education program approved by the board that affords comprehensive and appropriate training necessary to administer and manage general anesthesia or deep sedation; or(ii) Is a fellow of the American Dental Society of Anesthesiology.(2) A dentist who has been issued a permit pursuant to this section may administer moderate or minimal sedation.(3) A dentist who has been issued a permit to administer general anesthesia pursuant to this section prior to July 1, 2016, may administer deep, moderate, or minimal sedation.Source  Laws 1986, LB 438,  6;   R.S.1943, (2003),  71-193.26;  Laws 2007, LB463,  472;  Laws 2015, LB80,  9.  
38-114.  Department, defined.Department means the Division of Public Health of the Department of Health and Human Services.Source Laws 2007, LB463,  14. 
38-1140.  Permit to administer moderate sedation; issuance; conditions; existing permit; how treated.(1) The department, with the recommendation of the board, shall issue a permit to a Nebraska-licensed dentist to administer moderate sedation on an outpatient basis to dental patients if the dentist:(a) Maintains a properly equipped facility for the administration of moderate sedation as determined by the board;(b) Is currently certified in basic life-support skills for health care providers as determined by the board and either advanced cardiac life support or an appropriate emergency management course for anesthesia and dental sedation as determined by the board;(c) Has successfully completed an onsite evaluation covering the areas of physical evaluation, monitoring, sedation, and emergency medicine; and(d) Meets at least one of the following criteria:(i) Has completed an advanced education program approved by the board that affords comprehensive and appropriate training necessary to administer and manage moderate sedation; or(ii) Is a fellow of the American Dental Society of Anesthesiology.(2) A dentist who has been issued a permit pursuant to this section may administer minimal sedation.(3) A dentist who has been issued a permit to administer parenteral sedation pursuant to this section prior to July 1, 2016, may administer moderate or minimal sedation.Source  Laws 1986, LB 438,  7;   R.S.1943, (2003),  71-193.27;  Laws 2007, LB463,  473;  Laws 2015, LB80,  10.  
38-1141.  Permit to administer minimal sedation; issuance; conditions; termination of existing permit.(1) The department, with the recommendation of the board, shall issue a permit to a Nebraska-licensed dentist to administer minimal sedation on an outpatient basis to dental patients if the dentist:(a) Maintains a properly equipped facility for the administration of minimal sedation as determined by the board;(b) Is currently certified in basic life-support skills for health care providers as determined by the board and, if providing minimal sedation for persons twelve years of age and under, is currently certified in pediatric advanced life support as determined by the board; and(c) Meets at least one of the following criteria:(i) Has completed an advanced education program approved by the board that affords comprehensive and appropriate training necessary to administer and manage minimal sedation; or(ii) Has completed training to the level of competency in minimal sedation consistent with the standards set by the American Dental Association as determined by the board or a comprehensive training program in minimal sedation as approved by the board.(2) An inhalation analgesia permit issued pursuant to this section prior to July 1, 2016, terminates on such date.Source  Laws 1986, LB 438,  9;   R.S.1943, (2003),  71-193.29;  Laws 2007, LB463,  474;  Laws 2015, LB80,  11.  
38-1142.  Presence of licensed dental hygienist or dental assistant required.General anesthesia, deep sedation, moderate sedation, and minimal sedation shall not be administered by a dentist without the presence and assistance of a licensed dental hygienist or a dental assistant.Source  Laws 1986, LB 438,  8;  Laws 1999, LB 800,  9;   R.S.1943, (2003),  71-193.28;  Laws 2007, LB463,  475;  Laws 2015, LB80,  12.  
38-1143.  Assistant; certification required.Any person who assists a dentist in the administration of general anesthesia, deep sedation, moderate sedation, or minimal sedation shall be currently certified in basic life-support skills or the equivalent thereof.Source  Laws 1986, LB 438,  13;   R.S.1943, (2003),  71-193.33;  Laws 2007, LB463,  476;  Laws 2015, LB80,  13.  
38-1144.  Administration of anesthesia, sedation, or analgesia; limitation.Nothing in the Dentistry Practice Act shall be construed to allow a dentist to administer to himself or herself, or to any person other than in the course of the practice of dentistry, any drug or agent used for general anesthesia, deep sedation, moderate sedation, minimal sedation, or inhalation analgesia.Source  Laws 1986, LB 438,  10;   R.S.1943, (2003),  71-193.30;  Laws 2007, LB463,  477;  Laws 2015, LB80,  14.  
38-1145.  Permits; term; department; adopt rules and regulations.(1) Permits issued for the administration of general anesthesia or deep sedation, moderate sedation, or minimal sedation pursuant to the Dentistry Practice Act shall be valid until March 1 of the next odd-numbered year after issuance. A permit issued for the administration of general anesthesia prior to July 1, 2016, shall remain valid subject to the Dentistry Practice Act until March 1 of the next odd-numbered year, and it may be renewed subject to the Dentistry Practice Act as a general anesthesia or deep sedation permit. A permit issued for the administration of parenteral sedation prior to July 1, 2016, shall remain valid subject to the Dentistry Practice Act until March 1 of the next odd-numbered year, and it may be renewed subject to the Dentistry Practice Act as a moderate sedation permit.(2) The department, with the recommendation of the board, shall adopt and promulgate rules and regulations to define criteria for the reevaluation of credentials, facilities, equipment, dental hygienists, and dental assistants and procedures of a previously qualified dentist to renew his or her permit for each subsequent renewal.Source  Laws 1986, LB 438,  11;  Laws 1988, LB 1100,  34;  Laws 1999, LB 800,  10;  Laws 2003, LB 242,  38;   R.S.1943, (2003),  71-193.31;  Laws 2007, LB463,  478;  Laws 2015, LB80,  15.  
38-1146.  Inspection of practice location.All practice locations of a dentist applying for a permit to administer general anesthesia or deep sedation, moderate sedation, or minimal sedation may be inspected at the discretion of the board. The board may contract to have such inspections performed. The board shall not delegate authority to review and to make recommendations on permit applications or to determine the persons or facilities to be inspected.Source  Laws 1986, LB 438,  12;   R.S.1943, (2003),  71-193.32;  Laws 2007, LB463,  479;  Laws 2015, LB80,  16.  
38-1147.  Incident report; contents; failure to submit; penalty.(1) All licensed dentists practicing in this state shall submit a report to the board within thirty days of any incident which results in death or physical or mental injury requiring hospitalization of a patient which occurs in the outpatient facilities of such dentist during, or as a direct result of, general anesthesia, deep sedation, moderate sedation, minimal sedation, or inhalation analgesia.(2) The incident report shall include, but not be limited to:(a) A description of the dental procedure;(b) A description of the preoperative physical condition of the patient;(c) A list of the drugs and the dosage administered;(d) A detailed description of the techniques used in administering the drugs;(e) A description of the incident, including, but not limited to, a detailed description of the symptoms of any complications, the symptoms of onset, and the type of symptoms in the patient;(f) A description of the treatment instituted;(g) A description of the patient's response to the treatment; and(h) A description of the patient's condition on termination of any procedures undertaken.(3) Failure to submit an incident report as required by this section shall result in the loss of the permit.Source  Laws 1986, LB 438,  14;   R.S.1943, (2003),  71-193.34;  Laws 2007, LB463,  480;  Laws 2015, LB80,  17.  
38-1148.  Department; permits to administer anesthesia or sedation; administration of analgesia; adopt rules and regulations.The department, with the recommendation of the board, may adopt and promulgate rules and regulations necessary to carry out the provisions of the Dentistry Practice Act relating to permits to administer general anesthesia or deep sedation, moderate sedation, or minimal sedation and relating to administration of inhalation analgesia.Source  Laws 1986, LB 438,  15;   R.S.1943, (2003),  71-193.35;  Laws 2007, LB463,  481;  Laws 2015, LB80,  18.  
38-1149.  Office of Oral Health and Dentistry; Dental Health Director; appointment.There is hereby established the Office of Oral Health and Dentistry in the department. The head of such office shall be known as the Dental Health Director and shall be appointed by the department. The Dental Health Director shall give full time to his or her duties.Source   Laws 1949, c. 201,  1, p. 584;   Laws 1953, c. 239,  1, p. 828;  Laws 1996, LB 1044,  411;  Laws 2006, LB 994,  82;   R.S.Supp.,2006,  71-193.01;  Laws 2007, LB296,  326;  Laws 2007, LB463,  482. 
38-115.  Dependence, defined.Dependence means a maladaptive pattern of alcohol or substance use, leading to clinically significant impairment or distress, as manifested by three or more of the following occurring at any time in the same twelve-month period:(1) Tolerance as defined by either of the following:(a) A need for markedly increased amounts of alcohol or the substance to achieve intoxication or desired effect; or(b) A markedly diminished effect with continued use of the same amount of alcohol or the substance;(2) Withdrawal as manifested by either of the following:(a) The characteristic withdrawal syndrome for alcohol or the substance as referred to in the Diagnostic and Statistical Manual of Mental Disorders  Fourth Edition, published by the American Psychiatric Association; or(b) Alcohol or the same substance or a closely related substance is taken to relieve or avoid withdrawal symptoms;(3) Alcohol or the substance is often taken in larger amounts or over a longer period than was intended;(4) A persistent desire or unsuccessful efforts to cut down or control alcohol or substance use;(5) A great deal of time is spent in activities necessary to obtain alcohol or the substance, to use alcohol or the substance, or to recover from the effects of use of alcohol or the substance;(6) Important social, occupational, or recreational activities are given up or reduced because of alcohol or substance use; or(7) Alcohol or substance use continues despite knowledge of having had a persistent or recurrent physical or psychological problem that was likely to have been caused or exacerbated by alcohol or the substance.Source Laws 2007, LB463,  15. 
38-1150.  Dental Health Director; qualifications.The Dental Health Director shall be a graduate of an accredited school or college of dentistry and shall be licensed by the State of Nebraska to practice dentistry in Nebraska or duly licensed to practice dentistry in some other state of the United States of America.Source   Laws 1949, c. 201,  2, p. 584;   Laws 1953, c. 240,  1, p. 829;  Laws 2006, LB 994,  83;   R.S.Supp.,2006,  71-193.02;  Laws 2007, LB463,  483. 
38-1151.  Office of Oral Health and Dentistry; duties; rules and regulations.The duties of the Office of Oral Health and Dentistry shall be the promotion and development of activities which will result in the practice and improvement of the dental health of the people of the state under rules and regulations adopted and promulgated by the department.Source   Laws 1949, c. 201,  3, p. 585;  Laws 1996, LB 1044,  412;  Laws 2006, LB 994,  84;   R.S.Supp.,2006,  71-193.03;  Laws 2007, LB463,  484. 
38-1152.  Expanded function dental hygienist; authorized activities.An expanded function dental hygienist may perform all the procedures authorized for a licensed dental hygienist. Upon completion of education and testing approved by the board and with a permit from the department for the respective competency, an expanded function dental hygienist may, under the indirect supervision of a licensed dentist, place (1) restorative level one simple restorations (one surface) and (2) restorative level two complex restorations (multiple surfaces).Source Laws 2017, LB18,  22. 
38-116.  Director, defined.Director means the Director of Public Health of the Division of Public Health or his or her designee.Source Laws 2007, LB463,  16. 
38-117.01.  Low-income individual, defined.Low-income individual means an individual enrolled in a state or federal public assistance program, including, but not limited to, the medical assistance program established pursuant to the Medical Assistance Act, the federal Supplemental Nutrition Assistance Program, or the federal Temporary Assistance for Needy Families program, or whose household adjusted gross income is below one hundred thirty percent of the federal income poverty guideline or a higher threshold to be set by the Licensure Unit of the Division of Public Health of the Department of Health and Human Services.Source Laws 2019, LB112,  3. Cross References  Medical Assistance Act, see section 68-901.
38-117.02.  Military families, defined.Military families means active duty service members in the armed services of the United States, military spouses, honorably discharged veterans of the armed services of the United States, spouses of such honorably discharged veterans, and unremarried surviving spouses of deceased service members of the armed services of the United States.Source Laws 2019, LB112,  4. 
38-117.  Inactive credential, defined.Inactive credential means a credential which the credential holder has voluntarily placed on inactive status and by which action has terminated the right to practice or represent himself or herself as having an active credential.Source Laws 2007, LB463,  17. 
38-118.01.  Military spouse, defined.Military spouse means the spouse of an active duty service member in the armed forces of the United States.Source  Laws 2017, LB88,  30;  Laws 2019, LB112,  5.  
38-118.  License, defined.License means an authorization issued by the department to an individual to engage in a profession or to a business to provide services which would otherwise be unlawful in this state in the absence of such authorization.Source Laws 2007, LB463,  18. 
38-119.  Profession, defined.Profession means any profession or occupation named in subsection (1) or (2) of section 38-121.Source Laws 2007, LB463,  19. 
38-120.01.  Telehealth, defined.Telehealth means the use of medical information electronically exchanged from one site to another, whether synchronously or asynchronously, to aid a credential holder in the diagnosis or treatment of a patient. Telehealth includes services originating from a patient's home or any other location where such patient is located, asynchronous services involving the acquisition and storage of medical information at one site that is then forwarded to or retrieved by a credential holder at another site for medical evaluation, and telemonitoring.Source Laws 2018, LB701,  3. 
38-120.02.  Telemonitoring, defined.Telemonitoring means the remote monitoring of a patient's vital signs, biometric data, or subjective data by a monitoring device which transmits such data electronically to a credential holder for analysis and storage.Source Laws 2018, LB701,  4. 
38-120.03.  Young worker, defined.Young worker means (1) for an initial credential under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, except for a body art license, an applicant who is between the ages of seventeen and twenty-five years or (2) for an initial credential issued under any other provision of the Uniform Credentialing Act, including a body art license, an applicant who is between the ages of eighteen and twenty-five years.Source Laws 2019, LB112,  6. Cross References  Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, see section 38-1001.
38-120.  Registry, defined.Registry means a list of persons who offer a specified service or activity.Source Laws 2007, LB463,  20. 
38-1201.  Act, how cited.Sections 38-1201 to 38-1237 shall be known and may be cited as the Emergency Medical Services Practice Act.Source  Laws 1997, LB 138,  1;  Laws 2003, LB 242,  128;   R.S.1943, (2003),  71-5172;  Laws 2007, LB463,  485;  Laws 2018, LB1034,  8;  Laws 2020, LB1002,  11.  
38-1202.  Legislative intent; act; how construed.It is the intent of the Legislature in enacting the Emergency Medical Services Practice Act to (1) effectuate the delivery of quality emergency medical care in the state, (2) provide for the appropriate licensure of persons providing emergency medical care and licensure of organizations providing emergency medical services, (3) provide for the establishment of educational requirements and permitted practices for persons providing emergency medical care, (4) provide a system for regulation of emergency medical care which encourages emergency care providers and emergency medical services to provide the highest degree of care which they are capable of providing, and (5) provide a flexible system for the regulation of emergency care providers and emergency medical services that protects public health and safety.The act shall be liberally construed to effect the purposes of, carry out the intent of, and discharge the responsibilities prescribed in the act.Source  Laws 1997, LB 138,  2;   R.S.1943, (2003),  71-5173;  Laws 2007, LB463,  486;  Laws 2020, LB1002,  12.  
38-1203.  Legislative findings.The Legislature finds:(1) That emergency medical care is a primary and essential health care service and that the presence of an adequately equipped ambulance and trained emergency care providers may be the difference between life and death or permanent disability to those persons in Nebraska making use of such services in an emergency;(2) That effective delivery of emergency medical care may be assisted by a program of training and licensure of emergency care providers and licensure of emergency medical services in accordance with rules and regulations adopted by the board;(3) That the Emergency Medical Services Practice Act is essential to aid in advancing the quality of care being provided by emergency care providers and by emergency medical services and the provision of effective, practical, and economical delivery of emergency medical care in the State of Nebraska;(4) That the services to be delivered by emergency care providers are complex and demanding and that training and other requirements appropriate for delivery of the services must be constantly reviewed and updated; and(5) That the enactment of a regulatory system that can respond to changing needs of patients and emergency care providers and emergency medical services is in the best interests of the residents of Nebraska.Source  Laws 1997, LB 138,  3;   R.S.1943, (2003),  71-5174;  Laws 2007, LB463,  487;  Laws 2020, LB1002,  13.  
38-1204.01.  Advanced emergency medical technician practice of emergency medical care, defined.Advanced emergency medical technician practice of emergency medical care means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for an advanced emergency medical technician. Such care includes, but is not limited to, (1) all of the acts that an emergency medical technician is authorized to perform and (2) complex interventions, treatments, and pharmacological interventions.Source  Laws 2018, LB1034,  10;  Laws 2020, LB1002,  15.  
38-1204.  Definitions, where found.For purposes of the Emergency Medical Services Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1204.01 to 38-1214 apply.Source  Laws 1997, LB 138,  4;   R.S.1943, (2003),  71-5175;  Laws 2007, LB296,  602;  Laws 2007, LB463,  488;  Laws 2018, LB1034,  9;  Laws 2020, LB1002,  14.  
38-1205.  Ambulance, defined.Ambulance means any privately or publicly owned motor vehicle or aircraft that is especially designed, constructed or modified, and equipped and is intended to be used and is maintained or operated for the overland or air transportation of patients upon the streets, roads, highways, airspace, or public ways in this state or any other motor vehicles or aircraft used for such purposes.Source  Laws 2007, LB463,  489;  Laws 2018, LB1034,  11.  
38-1206.01.  Emergency medical responder practice of emergency medical care, defined.Emergency medical responder practice of emergency medical care means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for an emergency medical responder. Such care includes, but is not limited to, (1) contributing to the assessment of the health status of an individual, (2) simple, noninvasive interventions, and (3) minimizing secondary injury to an individual.Source  Laws 2018, LB1034,  12;  Laws 2020, LB1002,  19.  
38-1206.02.  Community paramedic practice of emergency medical care, defined.Community paramedic practice of emergency medical care means care provided by an advanced emergency medical technician, emergency medical technician, emergency medical technician-intermediate, or paramedic in accordance with the knowledge and skill acquired through successful completion of an approved program for a community paramedic at the respective licensure classification of the emergency care provider except for an emergency medical responder. Such care includes, but is not limited to, (1) the provision of telephone triage, advice, or other assistance to nonurgent 911 calls, (2) the provision of assistance or education to patients with chronic disease management, including posthospital discharge followup to prevent hospital admission or readmission, and (3) all of the acts that the respective licensure classification of an emergency care provider is authorized to perform.Source Laws 2020, LB1002,  16. 
38-1206.03.  Critical care paramedic practice of emergency medical care, defined.Critical care paramedic practice of emergency medical care means care provided by a paramedic in accordance with the knowledge and skill acquired through successful completion of an approved program for a critical care paramedic. Such care includes, but is not limited to, (1) all of the acts that a paramedic is licensed to perform, (2) advanced clinical patient assessment, (3) intravenous infusions, and (4) complex interventions, treatments, and pharmacological interventions used to treat critically ill or injured patients within the critical care environment, including transport.Source Laws 2020, LB1002,  17. 
38-1206.04.  Emergency care provider, defined.Emergency care provider includes all licensure classifications of emergency care providers established pursuant to the Emergency Medical Services Practice Act. Prior to December 31, 2025, emergency care provider includes advanced emergency medical technician, community paramedic, critical care paramedic, emergency medical responder, emergency medical technician, emergency medical technician-intermediate, and paramedic. On and after December 31, 2025, emergency care provider includes advanced emergency medical technician, community paramedic, critical care paramedic, emergency medical responder, emergency medical technician, and paramedic.Source  Laws 2007, LB463,  492;  Laws 2018, LB1034,  15;   R.S.Supp.,2018,  38-1208;  Laws 2020, LB1002,  18.  
38-1206.  Board, defined.Board means the Board of Emergency Medical Services.Source Laws 2007, LB463,  490. 
38-1207.01.  Emergency medical technician practice of emergency medical care, defined.Emergency medical technician practice of emergency medical care means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for an emergency medical technician. Such care includes, but is not limited to, (1) all of the acts that an emergency medical responder can perform, and (2) simple invasive interventions, management and transportation of individuals, and nonvisualized intubation.Source  Laws 2018, LB1034,  13;  Laws 2020, LB1002,  20.  
38-1207.02.  Emergency medical technician-intermediate practice of emergency medical care, defined.Emergency medical technician-intermediate practice of emergency medical care means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for an emergency medical technician-intermediate. Such care includes, but is not limited to, (1) all of the acts that an advanced emergency medical technician can perform, and (2) visualized intubation. This section terminates on December 31, 2025.Source  Laws 2018, LB1034,  14;  Laws 2020, LB1002,  21.  
38-1207.  Emergency medical service, defined; amendment of section; how construed.Emergency medical service means the organization responding to a perceived individual need for medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. The amendment of this section by Laws 2012, LB646, shall not be construed to modify or expand or authorize the modification or expansion of the scope of practice of any licensure classifications established pursuant to section 38-1217.Source  Laws 2007, LB463,  491;  Laws 2012, LB646,  1. 
38-1208.01.  Paramedic practice of emergency medical care, defined.Paramedic practice of emergency medical care means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for a paramedic. Such care includes, but is not limited to, (1) all of the acts that an emergency medical technician-intermediate can perform, and (2) surgical cricothyrotomy.Source  Laws 2018, LB1034,  16;  Laws 2020, LB1002,  22.  
38-1208.02.  Practice of emergency medical care, defined.Practice of emergency medical care means the performance of any act using judgment or skill based upon the United States Department of Transportation education standards and guideline training requirements, the National Highway Traffic Safety Administration's National Emergency Medical Service Scope of Practice Model and National Emergency Medical Services Education Standards, an education program for a community paramedic or a critical care paramedic that is approved by the board and the Department of Health and Human Services, and permitted practices and procedures for the level of licensure listed in section 38-1217. Such acts include the identification of and intervention in actual or potential health problems of individuals and are directed toward addressing such problems based on actual or perceived traumatic or medical circumstances. Such acts are provided under therapeutic regimens ordered by a physician medical director or through protocols as provided by the Emergency Medical Services Practice Act.Source  Laws 2018, LB1034,  17;  Laws 2020, LB1002,  23.  
38-1208.  Transferred to section 38-1206.04.
38-1209.  Patient, defined.Patient means an individual who either identifies himself or herself as being in need of medical attention or upon assessment by an emergency care provider has an injury or illness requiring treatment.Source  Laws 2007, LB463,  493;  Laws 2020, LB1002,  24.  
38-121.  Practices; credential required.(1) No individual shall engage in the following practices unless such individual has obtained a credential under the Uniform Credentialing Act:(a) Acupuncture;(b) Advanced practice nursing;(c) Alcohol and drug counseling;(d) Asbestos abatement, inspection, project design, and training;(e) Athletic training;(f) Audiology;(g) Speech-language pathology;(h) Body art;(i) Chiropractic;(j) Cosmetology;(k) Dentistry;(l) Dental hygiene;(m) Electrology;(n) Emergency medical services;(o) Esthetics;(p) Funeral directing and embalming;(q) Genetic counseling;(r) Hearing instrument dispensing and fitting;(s) Lead-based paint abatement, inspection, project design, and training;(t) Licensed practical nurse-certified until November 1, 2017;(u) Massage therapy;(v) Medical nutrition therapy;(w) Medical radiography;(x) Medicine and surgery;(y) Mental health practice;(z) Nail technology;(aa) Nursing;(bb) Nursing home administration;(cc) Occupational therapy;(dd) Optometry;(ee) Osteopathy;(ff) Perfusion;(gg) Pharmacy;(hh) Physical therapy;(ii) Podiatry;(jj) Psychology;(kk) Radon detection, measurement, and mitigation;(ll) Respiratory care;(mm) Surgical assisting; and(nn) Veterinary medicine and surgery.(2) No individual shall hold himself or herself out as any of the following until such individual has obtained a credential under the Uniform Credentialing Act for that purpose:(a) Registered environmental health specialist;(b) Certified marriage and family therapist;(c) Certified professional counselor;(d) Social worker; or(e) Dialysis patient care technician.(3) No business shall operate for the provision of any of the following services unless such business has obtained a credential under the Uniform Credentialing Act:(a) Body art;(b) Cosmetology;(c) Emergency medical services;(d) Esthetics;(e) Funeral directing and embalming;(f) Massage therapy; or(g) Nail technology.Source   Laws 1927, c. 167,  2, p. 455;   C.S.1929,  71-201;   Laws 1935, c. 142,  27, p. 529;   C.S.Supp.,1941,  71-201;   R.S.1943,  71-102;   Laws 1957, c. 298,  5, p. 1076;   Laws 1961, c. 337,  3, p. 1051;  Laws 1971, LB 587,  1;  Laws 1978, LB 406,  1;   Laws 1980, LB 94,  2;  Laws 1984, LB 481,  6;  Laws 1985, LB 129,  1;  Laws 1986, LB 277,  3;  Laws 1986, LB 286,  24;  Laws 1986, LB 355,  9;  Laws 1986, LB 579,  16;  Laws 1988, LB 557,  13;  Laws 1988, LB 1100,  5;  Laws 1989, LB 342,  4;  Laws 1993, LB 669,  3;  Laws 1995, LB 406,  11;  Laws 1996, LB 1044,  372;  Laws 2001, LB 270,  2;  Laws 2004, LB 1083,  104;   R.S.Supp.,2006,  71-102;  Laws 2007, LB236,  2;  Laws 2007, LB247,  59;  Laws 2007, LB296,  297;  Laws 2007, LB463,  21;  Laws 2009, LB195,  6;  Laws 2012, LB831,  27;  Laws 2016, LB721,  19;  Laws 2017, LB88,  31;  Laws 2017, LB255,  9;  Laws 2021, LB148,  43.  Annotations  The practice of operative surgery in its commonly accepted meaning requires a license to practice medicine and surgery. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941). Former statute regulating the practice of medicine was not void as discriminatory because it did not provide for examination of all persons desiring to treat patients by drugless or other methods of healing. Carpenter v. State, 106 Neb. 742, 184 N.W. 941 (1921). One who had no license to practice dentistry could not maintain an action in equity to enjoin the state board from interfering with such practice. Patterson v. Morehead, 100 Neb. 760, 161 N.W. 273 (1917). A corporation cannot be licensed to practice medicine but licensed physicians may form a corporation and make contracts for services of members. State Electro-Medical Institute v. State, 74 Neb. 40, 103 N.W. 1078 (1905). Under former statute, the practice of osteopathy without license as a physician was unlawful. Little v. State, 60 Neb. 749, 84 N.W. 248 (1900), 51 L.R.A. 717 (1900). Statute requiring a license to practice the professions enumerated in this section does not contravene Article 3, section 14, of the Constitution of Nebraska providing that no bill shall contain more than one subject to be clearly expressed in the title. Peet Stock Remedy Co. v. McMullen, 32 F.2d 669 (8th Cir. 1929). 
38-1210.  Physician medical director, defined.Physician medical director means a qualified physician who is responsible for the medical supervision of emergency care providers and verification of skill proficiency of emergency care providers pursuant to section 38-1217.Source  Laws 2007, LB463,  494;  Laws 2020, LB1002,  25.  
38-1211.  Protocol, defined.Protocol means a set of written policies, procedures, and directions from a physician medical director to an emergency care provider concerning the medical procedures to be performed in specific situations.Source  Laws 2007, LB463,  495;  Laws 2020, LB1002,  26.  
38-1212.  Qualified physician, defined.Qualified physician means an individual who is licensed to practice medicine and surgery or osteopathic medicine and surgery pursuant to the Uniform Credentialing Act and meets any other requirements established by rule and regulation.Source Laws 2007, LB463,  496. 
38-1213.  Qualified physician surrogate, defined.Qualified physician surrogate means a qualified, trained medical person designated by a qualified physician in writing to act as an agent for the physician in directing the actions or renewal of licensure of emergency care providers.Source  Laws 2007, LB463,  497;  Laws 2020, LB1002,  27.  
38-1214.  Standing order, defined.Standing order means a direct order from the physician medical director to perform certain tasks for a patient under a specific set of circumstances.Source Laws 2007, LB463,  498. 
38-1215.  Board; members; terms; meetings; removal.(1) The board shall have seventeen members appointed by the Governor with the approval of a majority of the Legislature. The appointees may begin to serve immediately following appointment and prior to approval by the Legislature.(2)(a) Seven members of the board shall be active emergency care providers at the time of and for the duration of their appointment, and each shall have at least five years of experience in his or her level of licensure at the time of his or her appointment or reappointment. Of the seven members who are emergency care providers, two shall be emergency medical responders, two shall be emergency medical technicians, one shall be an advanced emergency medical technician, and two shall be paramedics.(b) Three of the members shall be qualified physicians actively involved in emergency medical care. At least one of the physician members shall be a board-certified emergency physician, and at least one of the physician members shall specialize in pediatrics.(c) Five members shall be appointed to include one member who is a representative of an approved training agency, one member who is a physician assistant with at least five years of experience and active in emergency medical care education, one member who is a registered nurse with at least five years of experience and active in emergency medical care education, and two public members who meet the requirements of section 38-165 and who have an expressed interest in the provision of emergency medical care.(d) The remaining two members shall have any of the qualifications listed in subdivision (a), (b), or (c) of this subsection.(e) In addition to any other criteria for appointment, among the members of the board appointed after January 1, 2017, there shall be at least three members who are volunteer emergency medical care providers, at least one member who is a paid emergency medical care provider, at least one member who is a firefighter, at least one member who is a law enforcement officer, and at least one member who is active in the Critical Incident Stress Management Program. If a person appointed to the board is qualified to serve as a member in more than one capacity, all qualifications of such person shall be taken into consideration to determine whether or not the diversity in qualifications required in this subsection has been met.(f) At least five members of the board shall be appointed from each congressional district, and at least one of such members shall be a physician member described in subdivision (b) of this subsection.(3) Members shall serve five-year terms beginning on December 1 and may serve for any number of such terms. The terms of the members of the board appointed prior to December 1, 2008, shall be extended by two years and until December 1 of such year. Each member shall hold office until the expiration of his or her term. Any vacancy in membership, other than by expiration of a term, shall be filled within ninety days by the Governor by appointment as provided in subsection (2) of this section.(4) Special meetings of the board may be called by the department or upon the written request of any six members of the board explaining the reason for such meeting. The place of the meetings shall be set by the department.(5) The Governor upon recommendation of the department shall have power to remove from office at any time any member of the board for physical or mental incapacity to carry out the duties of a board member, for continued neglect of duty, for incompetency, for acting beyond the individual member's scope of authority, for malfeasance in office, for any cause for which a professional credential may be suspended or revoked pursuant to the Uniform Credentialing Act, or for a lack of license required by the Emergency Medical Services Practice Act.(6) Except as provided in subsection (5) of this section and notwithstanding subsection (2) of this section, a member of the board who changes his or her licensure classification after appointment or has a licensure classification which is terminated under section 38-1207.02 or 38-1217 when such licensure classification was a qualification for appointment shall be permitted to continue to serve as a member of the board until the expiration of his or her term.Source  Laws 1997, LB 138,  5;  Laws 1998, LB 1073,  146;  Laws 2004, LB 821,  18;   R.S.Supp.,2006,  71-5176;  Laws 2007, LB463,  499;  Laws 2009, LB195,  12;  Laws 2016, LB952,  1;  Laws 2018, LB1034,  18;  Laws 2020, LB1002,  28.  Cross References  Critical Incident Stress Management Program, see section 71-7104.
38-1216.  Board; duties.In addition to any other responsibilities prescribed by the Emergency Medical Services Practice Act, the board shall:(1) Promote the dissemination of public information and education programs to inform the public about emergency medical service and other medical information, including appropriate methods of medical self-help, first aid, and the availability of emergency medical services training programs in the state;(2) Provide for the collection of information for evaluation of the availability and quality of emergency medical care, evaluate the availability and quality of emergency medical care, and serve as a focal point for discussion of the provision of emergency medical care;(3) Establish model procedures for patient management in medical emergencies that do not limit the authority of law enforcement and fire protection personnel to manage the scene during a medical emergency;(4) Not less than once each five years, undertake a review and evaluation of the act and its implementation together with a review of the emergency medical care needs of the residents of the State of Nebraska and submit electronically a report to the Legislature with any recommendations which it may have; and(5) Identify communication needs of emergency medical services and make recommendations for development of a communications plan for a communications network for emergency care providers and emergency medical services.Source  Laws 1997, LB 138,  6;   R.S.1943, (2003),  71-5177;  Laws 2007, LB463,  500;  Laws 2012, LB782,  38;  Laws 2018, LB1034,  19;  Laws 2020, LB1002,  29.  
38-1217.  Rules and regulations.The board shall adopt rules and regulations necessary to:(1) Create licensure requirements for advanced emergency medical technicians, community paramedics, critical care paramedics, emergency medical responders, emergency medical technicians, and paramedics and, until December 31, 2025, create renewal requirements for emergency medical technicians-intermediate. The rules and regulations shall include all criteria and qualifications for each classification determined to be necessary for protection of public health and safety;(2) Provide for temporary licensure of an emergency care provider who has completed the educational requirements for a licensure classification enumerated in subdivision (1) of this section but has not completed the testing requirements for licensure under such subdivision. A temporary license shall allow the person to practice only in association with a licensed emergency care provider under physician medical direction and shall be valid until the date on which the results of the next licensure examination are available to the department. The temporary license shall expire immediately if the applicant has failed the examination. In no case may a temporary license be issued for a period extending beyond one year. The rules and regulations shall include qualifications and training necessary for issuance of such temporary license, the practices and procedures authorized for a temporary licensee under this subdivision, and supervision required for a temporary licensee under this subdivision. The requirements of this subdivision and the rules and regulations adopted and promulgated pursuant to this subdivision do not apply to a temporary license issued as provided in section 38-129.01;(3) Provide for temporary licensure of an emergency care provider relocating to Nebraska, if such emergency care provider is lawfully authorized to practice in another state that has adopted the licensing standards of the EMS Personnel Licensure Interstate Compact. Such temporary licensure shall be valid for one year or until a license is issued and shall not be subject to renewal. The requirements of this subdivision do not apply to a temporary license issued as provided in section 38-129.01;(4) Set standards for the licensure of basic life support services and advanced life support services. The rules and regulations providing for licensure shall include standards and requirements for: Vehicles, equipment, maintenance, sanitation, inspections, personnel, training, medical direction, records maintenance, practices and procedures to be provided by employees or members of each classification of service, and other criteria for licensure established by the board;(5) Authorize emergency medical services to provide differing practices and procedures depending upon the qualifications of emergency care providers available at the time of service delivery. No emergency medical service shall be licensed to provide practices or procedures without the use of personnel licensed to provide the practices or procedures;(6) Authorize emergency care providers to perform any practice or procedure which they are authorized to perform with an emergency medical service other than the service with which they are affiliated when requested by the other service and when the patient for whom they are to render services is in danger of loss of life;(7) Provide for the approval of training agencies, provide for disciplinary or corrective action against training agencies, and establish minimum standards for services provided by training agencies;(8) Provide for the minimum qualifications of a physician medical director in addition to the licensure required by section 38-1212;(9) Provide for the use of physician medical directors, qualified physician surrogates, model protocols, standing orders, operating procedures, and guidelines which may be necessary or appropriate to carry out the purposes of the Emergency Medical Services Practice Act. The model protocols, standing orders, operating procedures, and guidelines may be modified by the physician medical director for use by any emergency care provider or emergency medical service before or after adoption;(10) Establish renewal and reinstatement requirements for emergency care providers and establish continuing competency requirements. 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 licensed person may select as an alternative to continuing education. The reinstatement requirements for emergency care providers shall allow reinstatement at the same or any lower level of licensure for which the emergency care provider is determined to be qualified;(11) Create licensure, renewal, and reinstatement requirements for emergency medical service instructors. The rules and regulations shall include the practices and procedures for licensure, renewal, and reinstatement;(12) Establish criteria for emergency medical technicians-intermediate, advanced emergency medical technicians, emergency medical technicians, community paramedics, critical care paramedics, or paramedics performing activities within their scope of practice and as determined by a licensed health care practitioner as defined in section 38-1224; and(13) Establish model protocols for compliance with the Stroke System of Care Act by an emergency medical service and an emergency care provider.Source  Laws 1997, LB 138,  7;  Laws 1999, LB 498,  2;  Laws 2001, LB 238,  1;  Laws 2002, LB 1021,  87;  Laws 2002, LB 1033,  1;   R.S.1943, (2003),  71-5178;  Laws 2007, LB463,  501;  Laws 2009, LB195,  13;  Laws 2016, LB722,  10;  Laws 2017, LB88,  48;  Laws 2018, LB1034,  20;  Laws 2020, LB1002,  30.  Cross References   EMS Personnel Licensure Interstate Compact, see section 38-3801.  Stroke System of Care Act, see section 71-4201. 
38-1218.01.  Decisions of Interstate Commission for Emergency Medical Services Personnel Practice; board; duties.The board shall review decisions of the Interstate Commission for Emergency Medical Services Personnel Practice established pursuant to the EMS Personnel Licensure Interstate Compact. Upon approval by the commission of any action that will have the result of increasing the cost to the state for membership in the compact, the board may recommend to the Legislature that Nebraska withdraw from the compact.Source Laws 2018, LB1034,  22. Cross References  EMS Personnel Licensure Interstate Compact, see section 38-3801.
38-1218.  Curricula for licensure classification; board; powers; military spouse; temporary license.(1) The board may approve curricula for the licensure classifications listed in the Emergency Medical Services Practice Act.(2) The department and the board shall consider the following factors, in addition to other factors required or permitted by the Emergency Medical Services Practice Act, when adopting rules and regulations for a licensure classification:(a) Whether the initial training required for licensure in the classification is sufficient to enable the emergency care provider to perform the practices and procedures authorized for the classification in a manner which is beneficial to the patient and protects public health and safety;(b) Whether the practices and procedures to be authorized are necessary to the efficient and effective delivery of emergency medical care;(c) Whether morbidity can be reduced or recovery enhanced by the use of the practices and procedures to be authorized for the classification; and(d) Whether continuing competency requirements are sufficient to maintain the skills authorized for the classification.(3) An applicant for licensure for a licensure classification listed in subdivision (1) of section 38-1217 who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 1997, LB 138,  8;  Laws 2002, LB 1021,  88;   R.S.1943, (2003),  71-5179;  Laws 2007, LB463,  502;  Laws 2009, LB195,  14;  Laws 2017, LB88,  49;  Laws 2018, LB1034,  21;  Laws 2020, LB1002,  31.  
38-1219.  Department; additional rules and regulations.The department, with the recommendation of the board, shall adopt and promulgate rules and regulations necessary to:(1) Administer the Emergency Medical Services Practice Act;(2) Establish procedures and requirements for applications for licensure, renewal, and reinstatement in any of the licensure classifications created pursuant to the Emergency Medical Services Practice Act;(3) Provide for the inspection, review, and termination of approval of training agencies. All training for licensure shall be provided through an approved training agency; and(4) Provide for the inspection, review, and termination of basic life support emergency medical services and advanced life support emergency medical services.Source  Laws 2007, LB463,  503;  Laws 2009, LB195,  15;  Laws 2018, LB1034,  23.  
38-122.  Credential; form.Every initial credential to practice a profession or engage in a business shall be in the form of a document under the name of the department.Source   Laws 1927, c. 167,  5, p. 455;   C.S.1929,  71-204;   R.S.1943,  71-105;  Laws 1994, LB 1210,  12;  Laws 1996, LB 1044,  374;  Laws 1999, LB 828,  9;   R.S.1943, (2003),  71-105;  Laws 2007, LB296,  299;  Laws 2007, LB463,  22;  Laws 2018, LB1034,  4.  
38-1220.  Act; exemptions.The following are exempt from the licensing requirements of the Emergency Medical Services Practice Act:(1) The occasional use of a vehicle or aircraft not designated as an ambulance and not ordinarily used in transporting patients or operating emergency care, rescue, or resuscitation services;(2) Vehicles or aircraft rendering services as an ambulance in case of a major catastrophe or emergency when licensed ambulances based in the localities of the catastrophe or emergency are incapable of rendering the services required;(3) Ambulances from another state which are operated from a location or headquarters outside of this state in order to transport patients across state lines, but no such ambulance shall be used to pick up patients within this state for transportation to locations within this state except in case of an emergency;(4) Ambulances or emergency vehicles owned and operated by an agency of the United States Government and the personnel of such agency;(5) Except for the provisions of section 38-1232, physicians, physician assistants, registered nurses, or advanced practice registered nurses, who hold current Nebraska licenses and are exclusively engaged in the practice of their respective professions;(6) Persons authorized to perform emergency care in other states when incidentally working in Nebraska in response to an emergency situation; and(7) Students under the supervision of (a) a licensed emergency care provider performing emergency medical services that are an integral part of the training provided by an approved training agency or (b) an organization accredited by the Commission on Accreditation of Allied Health Education Programs for the level of training the student is completing.Source  Laws 1997, LB 138,  20;  Laws 2000, LB 1115,  76;  Laws 2005, LB 256,  94;   R.S.Supp.,2006,  71-5191;  Laws 2007, LB463,  504;  Laws 2019, LB135,  1;  Laws 2020, LB1002,  32.  
38-1221.  License; requirements.To be eligible for a license under the Emergency Medical Services Practice Act, an individual shall have attained the age of eighteen years and met the requirements established in accordance with section 38-1217.Source  Laws 2007, LB463,  505;  Laws 2009, LB195,  16;  Laws 2016, LB722,  11;  Laws 2018, LB1034,  24.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1222.  Fees.The department shall establish and collect fees for credentialing activities under the Emergency Medical Services Practice Act as provided in sections 38-151 to 38-157.Source  Laws 2003, LB 242,  129;   R.S.1943, (2003),  71-5181.01;  Laws 2007, LB463,  506. 
38-1223.  Physician medical director; required.Each licensed emergency medical service shall have a physician medical director.Source  Laws 1997, LB 138,  12;   R.S.1943, (2003),  71-5183;  Laws 2007, LB463,  507. 
38-1224.  Duties and activities authorized; limitations.(1) An emergency care provider other than an emergency medical responder may not assume the duties incident to the title or practice the skills of an emergency care provider unless he or she is acting under the supervision of a licensed health care practitioner.(2) An emergency care provider may only practice the skills he or she is authorized to employ and which are covered by the license issued to such provider pursuant to the Emergency Medical Services Practice Act or as authorized pursuant to the EMS Personnel Licensure Interstate Compact.(3) A registered nurse may provide for the direction of an emergency care provider in any setting other than an emergency medical service.(4) For purposes of this section, licensed health care practitioner means (a) a physician medical director or physician surrogate for purposes of supervision of an emergency care provider for an emergency medical service or (b) a physician, a physician assistant, or an advanced practice registered nurse for purposes of supervision of an emergency care provider in a setting other than an emergency medical service.Source  Laws 1997, LB 138,  13;  Laws 1998, LB 1073,  147;  Laws 2002, LB 1033,  2;   R.S.1943, (2003),  71-5184;  Laws 2007, LB463,  508;  Laws 2009, LB195,  17;  Laws 2018, LB1034,  25;  Laws 2020, LB1002,  33.  Cross References  EMS Personnel Licensure Interstate Compact, see section 38-3801.
38-1225.  Patient data; confidentiality; immunity.(1) No patient data received or recorded by an emergency medical service or an emergency care provider shall be divulged, made public, or released by an emergency medical service or an emergency care provider, except that patient data may be released for purposes of treatment, payment, and other health care operations as defined and permitted under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2018, or as otherwise permitted by law. Such data shall be provided to the department for public health purposes pursuant to rules and regulations of the department. For purposes of this section, patient data means any data received or recorded as part of the records maintenance requirements of the Emergency Medical Services Practice Act.(2) Patient data received by the department shall be confidential with release only (a) in aggregate data reports created by the department on a periodic basis or at the request of an individual, (b) as case-specific data to approved researchers for specific research projects, (c) as protected health information to a public health authority, as such terms are defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2018, and (d) as protected health information, as defined under the federal Health Insurance Portability and Accountability Act of 1996, as such act existed on January 1, 2018, to an emergency medical service, to an emergency care provider, or to a licensed health care facility for purposes of treatment. A record may be shared with the emergency medical service or emergency care provider that reported that specific record. Approved researchers shall maintain the confidentiality of the data, and researchers shall be approved in the same manner as described in section 81-666. Aggregate reports shall be public documents.(3) No civil or criminal liability of any kind or character for damages or other relief or penalty shall arise or be enforced against any person or organization by reason of having provided patient data pursuant to this section.Source  Laws 1997, LB 138,  14;  Laws 2003, LB 667,  11;   R.S.1943, (2003),  71-5185;  Laws 2007, LB185,  42;  Laws 2007, LB463,  509;  Laws 2018, LB1034,  26;  Laws 2020, LB1002,  34.  
38-1226.  Ambulance; transportation requirements.No ambulance shall transport any patient upon any street, road, highway, airspace, or public way in the State of Nebraska unless such ambulance, when so transporting patients, is occupied by at least one licensed emergency care provider. Such requirement shall be met if any of the individuals providing the service is a licensed physician, registered nurse, or licensed physician assistant functioning within the scope of practice of his or her license.Source  Laws 1997, LB 138,  15;   R.S.1943, (2003),  71-5186;  Laws 2007, LB463,  510;  Laws 2020, LB1002,  35.  
38-1227.  Motor vehicle ambulance; driver privileges.The driver of a licensed motor vehicle ambulance who holds a valid driver's license issued by the state of his or her residence may exercise the privileges set forth in Nebraska statutes relating to emergency vehicles when responding to an emergency call or while transporting a patient.Source  Laws 1997, LB 138,  16;   R.S.1943, (2003),  71-5187;  Laws 2007, LB463,  511. 
38-1228.  Department; waive rule, regulation, or standard; when.The department, with the approval of the board, may, whenever it deems appropriate, waive any rule, regulation, or standard relating to the licensure of emergency medical services or emergency care providers when the lack of a licensed emergency medical service in a municipality or other area will create an undue hardship in the municipality or other area in meeting the emergency medical service needs of the residents thereof.Source  Laws 1997, LB 138,  17;   R.S.1943, (2003),  71-5188;  Laws 2007, LB463,  512;  Laws 2020, LB1002,  36.  
38-1229.  License; person on national registry.The department may issue a license to any individual who has a current certificate from the National Registry of Emergency Medical Technicians.Source  Laws 1997, LB 138,  18;   R.S.1943, (2003),  71-5189;  Laws 2007, LB463,  513;  Laws 2018, LB1034,  27.  
38-123.  Record of credentials issued under act; department; duties; contents.(1) The department shall establish and maintain a record of all credentials issued pursuant to the Uniform Credentialing Act. The record shall contain identifying information for each credential holder and the credential issued pursuant to the act.(2) For individual credential holders engaged in a profession:(a) The record information shall include:(i) The name, date and place of birth, and social security number;(ii) The street, rural route, or post office address;(iii) The school and date of graduation;(iv) The name of examination, date of examination, and ratings or grades received, if any;(v) The type of credential issued, the date the credential was issued, the identifying name and number assigned to the credential, and the basis on which the credential was issued;(vi) The status of the credential; and(vii) A description of any disciplinary action against the credential, including, but not limited to, the type of disciplinary action, the effective date of the disciplinary action, and a description of the basis for any such disciplinary action;(b) The record may contain any additional information the department deems appropriate to advance or support the purpose of the Uniform Credentialing Act;(c) The record may be maintained in computer files or paper copies and may be stored on microfilm or in similar form; and(d) The record is a public record, except that social security numbers shall not be public information but may be shared as specified in subsection (5) of section 38-130.(3) For credential holders engaged in a business:(a) The record information shall include:(i) The full name and address of the business;(ii) The type of credential issued, the date the credential was issued, the identifying name and number assigned to the credential, and the basis on which the credential was issued;(iii) The status of the credential; and(iv) A description of any disciplinary action against the credential, including, but not limited to, the type of disciplinary action, the effective date of the disciplinary action, and a description of the basis for any such disciplinary action;(b) The record may contain any additional information the department deems appropriate to advance or support the purpose of the Uniform Credentialing Act;(c) The record may be maintained in computer files or paper copies and may be stored on microfilm or in similar form; and(d) The record is a public record.(4) Except as otherwise specifically provided, if the department is required to provide notice or notify an applicant or credential holder under the Uniform Credentialing Act, such requirements shall be satisfied by sending a notice to such applicant or credential holder at his or her last address of record.Source  Laws 2007, LB463,  23;  Laws 2017, LB417,  4.  
38-1230.  License; sale, transfer, or assignment; prohibited.A license issued under the Emergency Medical Services Practice Act shall not be sold, transferred, or assigned by the holder. Any change of ownership of an emergency medical service requires a new application and a new license.Source  Laws 1997, LB 138,  19;   R.S.1943, (2003),  71-5190;  Laws 2007, LB463,  514. 
38-1231.  Person objecting to treatment; effect.The Emergency Medical Services Practice Act or the rules or regulations shall not be construed to authorize or require giving any medical treatment to a person who objects to such treatment on religious or other grounds or to authorize the transportation of such person to a medical facility.Source  Laws 1997, LB 138,  22;   R.S.1943, (2003),  71-5193;  Laws 2007, LB463,  515. 
38-1232.  Individual liability.(1) No emergency care provider, physician assistant, registered nurse, or licensed practical nurse who provides public emergency care shall be liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising out of and in the course of his or her rendering in good faith any such care. Nothing in this subsection shall be deemed to grant any such immunity for liability arising out of the operation of any motor vehicle, aircraft, or boat or while such person was impaired by alcoholic liquor or any controlled substance enumerated in section 28-405 in connection with such care, nor shall immunity apply to any person causing damage or injury by his or her willful, wanton, or grossly negligent act of commission or omission.(2) No qualified physician or qualified physician surrogate who gives orders, either orally or by communication equipment, to any emergency care provider at the scene of an emergency, no emergency care provider following such orders within the limits of his or her licensure, and no emergency care provider trainee in an approved training program following such orders, shall be liable civilly or criminally by reason of having issued or followed such orders but shall be subject to the rules of law applicable to negligence.(3) No physician medical director shall incur any liability by reason of his or her use of any unmodified protocol, standing order, operating procedure, or guideline provided by the board pursuant to subdivision (9) of section 38-1217.Source  Laws 1997, LB 138,  23;   R.S.1943, (2003),  71-5194;  Laws 2007, LB463,  516;  Laws 2009, LB195,  18;  Laws 2018, LB1034,  28;  Laws 2020, LB1002,  37.  
38-1233.  Emergency care provider; liability relating to consent.No emergency care provider shall be subject to civil liability based solely upon failure to obtain consent in rendering emergency medical, surgical, hospital, or health services to any individual regardless of age when the patient is unable to give his or her consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care.Source  Laws 1997, LB 138,  24;   R.S.1943, (2003),  71-5195;  Laws 2007, LB463,  517;  Laws 2020, LB1002,  38.  
38-1234.  Emergency care provider; liability within scope of practice.No act of commission or omission of any emergency care provider while rendering emergency medical care within the limits of his or her licensure or status as a trainee to a person who is deemed by the provider to be in immediate danger of injury or loss of life shall impose any liability on any other person, and this section shall not relieve the emergency care provider from personal liability, if any.Source  Laws 1997, LB 138,  25;   R.S.1943, (2003),  71-5196;  Laws 2007, LB463,  518;  Laws 2020, LB1002,  39.  
38-1235.  Department; accept gifts.The department may accept from any person, in the name of and for the state, services, equipment, supplies, materials, or funds by way of bequest, gift, or grant for the purposes of promoting emergency medical care. Any such funds received shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund.Source  Laws 1997, LB 138,  26;   R.S.1943, (2003),  71-5197;  Laws 2007, LB296,  604;  Laws 2007, LB463,  519. 
38-1236.  Act; construction with other laws.The provisions of the Emergency Medical Services Practice Act shall not be construed to supersede, limit, or otherwise affect the state emergency management laws or any interstate civil defense compact participated in by the State of Nebraska dealing with the licenses for professional, mechanical, or other skills of persons performing emergency management functions.Source  Laws 1997, LB 138,  27;   R.S.1943, (2003),  71-5198;  Laws 2007, LB463,  520. 
38-1237.  Prohibited acts.It shall be unlawful for any person who has not been licensed pursuant to the Emergency Medical Services Practice Act or authorized pursuant to the EMS Personnel Licensure Interstate Compact to hold himself or herself out as an emergency care provider, to use any other term to indicate or imply that he or she is an emergency care provider, or to act as such a provider without a license therefor. It shall be unlawful for any person to operate a training agency for the initial training or renewal or reinstatement of licensure of emergency care providers unless the training agency is approved pursuant to rules and regulations of the department. It shall be unlawful for any person to operate an emergency medical service unless such service is licensed.Source  Laws 1997, LB 138,  28;   R.S.1943, (2003),  71-5199;  Laws 2007, LB463,  521;  Laws 2018, LB1034,  29;  Laws 2020, LB1002,  40.  Cross References  EMS Personnel Licensure Interstate Compact, see section 38-3801.
38-124.  Credential holder's advertisement; contents; credential; availability; identity of profession or business.(1) Any credential holder's advertisement for health care services shall identify the type of credential or credentials held by the credential holder pursuant to the definitions, titles, and abbreviations authorized under the practice act applicable to his or her credential or credentials or the examination designations required for a credential under the practice act applicable to his or her credential or credentials. The advertisement shall not include deceptive or misleading information and shall not include any affirmative communication or representation that misstates, falsely describes, or falsely represents the skills, training, expertise, education, board certification, or credential or credentials of the credential holder.(2) Every person credentialed under the Uniform Credentialing Act shall make his or her current credential available upon request. The department, with the recommendation of the appropriate board, if any, shall determine how a consumer will be able to identify a credential holder. The method of identification shall be clear and easily accessed and used by the consumer. All signs, announcements, stationery, and advertisements of persons credentialed under the act shall identify the profession or business for which the credential is held.Source   Laws 1927, c. 167,  7, p. 456;   C.S.1929,  71-206;   Laws 1935, c. 142,  28, p. 529;   C.S.Supp.,1941,  71-206;   Laws 1943, c. 150,  2, p. 539;   R.S.1943,  71-107;   Laws 1957, c. 298,  6, p. 1076;   Laws 1961, c. 337,  4, p. 1051;  Laws 1978, LB 406,  2;  Laws 1985, LB 129,  2;  Laws 1986, LB 286,  28;  Laws 1986, LB 579,  20;  Laws 1988, LB 557,  14;  Laws 1988, LB 1100,  6;  Laws 1989, LB 342,  5;  Laws 1993, LB 669,  4;  Laws 1994, LB 1210,  14;  Laws 1995, LB 406,  12;  Laws 1999, LB 828,  10;  Laws 2004, LB 1083,  105;   R.S.Supp.,2006,  71-107;  Laws 2007, LB236,  3;  Laws 2007, LB463,  24;  Laws 2015, LB452,  1.  
38-125.  Certification and verification of credentials.(1) Upon request and payment of the required fee, the department shall provide certification of a credential which shall include a certified statement that provides information regarding the basis on which a credential was issued, the date of issuance, and whether disciplinary action has been taken against the credential.(2) Upon request and payment of the required fee, the department shall provide verification of a credential which shall include written confirmation as to whether a credential is valid at the time the request is made.Source   Laws 1927, c. 167,  44, p. 465;   C.S.1929,  71-506;   R.S.1943,  71-145;  Laws 1986, LB 286,  44;  Laws 1986, LB 579,  36;  Laws 1994, LB 1210,  24;  Laws 1996, LB 1044,  381;  Laws 2003, LB 242,  19;   R.S.1943, (2003),  71-145;  Laws 2007, LB463,  25. 
38-126.  Rules and regulations; board and department; adopt.To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe practice of health services, health-related services, and environmental services:(1)(a) The appropriate board may adopt rules and regulations to:(i) Specify minimum standards required for a credential, including education, experience, and eligibility for taking the credentialing examination, specify methods to meet the minimum standards through military service as provided in section 38-1,141, and on or before December 15, 2017, specify standards and procedures for issuance of temporary credentials for military spouses as provided in section 38-129.01;(ii) Designate credentialing examinations, specify the passing score on credentialing examinations, and specify standards, if any, for accepting examination results from other jurisdictions;(iii) Set continuing competency requirements in conformance with section 38-145;(iv) Set standards for waiver of continuing competency requirements in conformance with section 38-146;(v) Set standards for courses of study; and(vi) Specify acts in addition to those set out in section 38-179 that constitute unprofessional conduct; and(b) The department shall promulgate and enforce such rules and regulations;(2) For professions or businesses that do not have a board created by statute:(a) The department may adopt, promulgate, and enforce such rules and regulations; and(b) The department shall carry out any statutory powers and duties of the board;(3) The department, with the recommendation of the appropriate board, if any, may adopt, promulgate, and enforce rules and regulations for the respective profession, other than those specified in subdivision (1) of this section, to carry out the Uniform Credentialing Act; and(4) The department may adopt, promulgate, and enforce rules and regulations with general applicability to carry out the Uniform Credentialing Act.Source   Laws 1927, c. 167,  68, p. 472;   C.S.1929,  71-902;   R.S.1943,  71-169;  Laws 1996, LB 1044,  401;   R.S.1943, (2003),  71-169;  Laws 2007, LB296,  321;  Laws 2007, LB463,  26;  Laws 2015, LB264,  2;  Laws 2017, LB88,  32.  
38-127.  Statutes, rules, and regulations; availability; duty of department.The department shall have available for each profession and business regulated under the Uniform Credentialing Act the applicable statutes, rules, and regulations relative to the credentials for the appropriate profession or business.Source   Laws 1927, c. 167,  69, p. 472;   C.S.1929,  71-903;   R.S.1943,  71-170;  Laws 1986, LB 286,  75;  Laws 1986, LB 579,  67;  Laws 1994, LB 1210,  51;  Laws 1996, LB 1044,  402;  Laws 1999, LB 828,  57;   R.S.1943, (2003),  71-170;  Laws 2007, LB463,  27. 
38-128.  Legislative intent; department review of credentialed professions and businesses.(1) It is the intent of the Legislature that quality health care services and human services be provided to the public and basic standards be developed to protect the public health and safety and that professions be regulated by the state only when it is demonstrated that such regulation is in the best interests of the public.(2) The department shall periodically review each credentialed profession and business to determine if continued credentialing is needed to protect the public.Source  Laws 1999, LB 828,  8;   R.S.1943, (2003),  71-1,343;  Laws 2007, LB463,  28. 
38-129.01.  Temporary credential to military spouse; issuance; period valid.(1) The department, with the recommendation of the appropriate board, shall issue a temporary credential to a military spouse who complies with and meets the requirements of this section pending issuance of the applicable credential under the Uniform Credentialing Act. This section shall not apply to a license to practice dentistry, including a temporary license under section 38-1123.(2) A military spouse shall submit the following with his or her application for the applicable credential:(a) A copy of his or her military dependent identification card which identifies him or her as the spouse of an active duty member of the United States Armed Forces;(b) A copy of his or her spouse's military orders reflecting an active-duty assignment in Nebraska;(c) A copy of his or her credential from another jurisdiction and the applicable statutes, rules, and regulations governing the credential; and(d) A copy of his or her fingerprints for a criminal background check if required under section 38-131.(3) If the department, with the recommendation of the appropriate board, determines that the applicant is the spouse of an active duty member of the United States Armed Forces who is assigned to a duty station in Nebraska, holds a valid credential in another jurisdiction which has similar standards for the profession to the Uniform Credentialing Act and the rules and regulations adopted and promulgated under the act, and has submitted fingerprints for a criminal background check if required under section 38-131, the department shall issue a temporary credential to the applicant. The applicant shall not be required to pay any fees pursuant to the Uniform Credentialing Act for the temporary credential or the initial regular credential except the actual cost of the fingerprinting and criminal background check for an initial license under section 38-131.(4) A temporary credential issued under this section shall be valid until the application for the regular credential is approved or rejected, not to exceed one year.Source  Laws 2017, LB88,  33;  Laws 2019, LB112,  7;  Laws 2021, LB390,  2.  
38-129.02.  Credential; additional method of issuance based on reciprocity; eligibility; requirements; applicability.(1) This section provides an additional method of issuing a credential based on reciprocity and is supplemental to the methods of credentialing found in the various practice acts within the Uniform Credentialing Act. Any person required to be credentialed under any of the various practice acts who meets the requirements of this section shall be issued a credential subject to the provisions of this section.(2) A person who has a credential that is current and valid in another state, a territory of the United States, or the District of Columbia may apply to the department for the equivalent credential under the Uniform Credentialing Act. The department, with the recommendation of the board with jurisdiction over the equivalent credential, shall determine the appropriate level of credential for which the applicant qualifies under this section. The department shall determine the documentation required to comply with subsection (3) of this section. The department shall issue the credential if the applicant meets the requirements of subsections (3) and (4) of this section and section 38-129 and submits the appropriate fees for issuance of the credential, including fees for a criminal background check if required for the profession. A credential issued under this section shall not be valid for purposes of an interstate compact or for reciprocity provisions of any practice act under the Uniform Credentialing Act.(3) The applicant shall provide documentation of the following:(a) The credential held in the other state, territory, or District of Columbia, the level of such credential, and the profession for which credentialed;(b) Such credential is valid and current and has been valid for at least one year;(c) Educational requirements;(d) The minimum work experience and clinical supervision requirements, if any, required for such credential and verification of the applicant's completion of such requirements;(e) The passage of an examination for such credential if such passage is required to obtain the credential in the other jurisdiction;(f) Such credential is not and has not been subject to revocation or any other disciplinary action or voluntarily surrendered while the applicant was under investigation for unprofessional conduct or any other conduct which would be subject to section 38-178 if the conduct occurred in Nebraska;(g) Such credential has not been subject to disciplinary action. If another jurisdiction has taken disciplinary action against the applicant on any credential the applicant has held, the appropriate board under the Uniform Credentialing Act shall determine if the cause for the disciplinary action was corrected and the matter resolved. If the matter has not been resolved, the applicant is not eligible for a credential under this section until the matter is resolved; and(h) Receipt of a passing score on a credentialing examination specific to the laws of Nebraska if required by the appropriate board under the Uniform Credentialing Act.(4) An applicant who obtains a credential upon compliance with subsections (2) and (3) of this section shall establish residency in Nebraska within one hundred eighty days after the issuance of the credential and shall provide proof of residency in a manner and within the time period required by the department. The department shall automatically revoke the credential of any credential holder who fails to comply with this subsection.(5) In addition to failure to submit the required documentation in subsection (3) of this section, an applicant shall not be eligible for a credential under this section if:(a) The applicant had a credential revoked, subject to any other disciplinary action, or voluntarily surrendered due to an investigation in any jurisdiction for unprofessional conduct or any other conduct which would be subject to section 38-178 if the conduct occurred in Nebraska;(b) The applicant has a complaint, allegation, or investigation pending before any jurisdiction that relates to unprofessional conduct or any other conduct which would be subject to section 38-178 if the conduct occurred in Nebraska. If the matter has not been resolved, the applicant is not eligible for a credential under this section until the matter is resolved; or(c) The person has a disqualifying criminal history as determined by the appropriate board pursuant to the Uniform Credentialing Act and rules and regulations adopted and promulgated under the act.(6) A person who holds a credential under this section shall be subject to the Uniform Credentialing Act and other laws of this state relating to the person's practice under the credential and shall be subject to the jurisdiction of the appropriate board.(7) This section applies to credentials for:(a) Professions governed by the Advanced Practice Registered Nurse Practice Act, the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, the Dentistry Practice Act, the Dialysis Patient Care Technician Registration Act, the Emergency Medical Services Practice Act, the Medical Nutrition Therapy Practice Act, the Medical Radiography Practice Act, the Nurse Practitioner Practice Act, the Optometry Practice Act, the Perfusion Practice Act, the Pharmacy Practice Act, the Psychology Practice Act, and the Surgical First Assistant Practice Act; and(b) Physician assistants and acupuncturists credentialed pursuant to the Medicine and Surgery Practice Act.Source Laws 2021, LB390,  3. Cross References   Advanced Practice Registered Nurse Practice Act, see section 38-201.  Certified Nurse Midwifery Practice Act, see section 38-601.  Certified Registered Nurse Anesthetist Practice Act, see section 38-701.  Clinical Nurse Specialist Practice Act, see section 38-901.  Dentistry Practice Act, see section 38-1101.  Dialysis Patient Care Technician Registration Act, see section 38-3701.  Emergency Medical Services Practice Act, see section 38-1201.  Medical Nutrition Therapy Practice Act, see section 38-1801.  Medical Radiography Practice Act, see section 38-1901.  Medicine and Surgery Practice Act, see section 38-2001.  Nurse Practitioner Practice Act, see section 38-2301.  Optometry Practice Act, see section 38-2601.  Perfusion Practice Act, see section 38-2701.  Pharmacy Practice Act, see section 38-2801.  Psychology Practice Act, see section 38-3101.  Surgical First Assistant Practice Act, see section 38-3501. 
38-129.  Issuance of credential; qualifications.(1) No individual shall be issued a credential under the Uniform Credentialing Act until he or she has furnished satisfactory evidence to the department that he or she is of good character and has attained the age of nineteen years except as otherwise specifically provided by statute, rule, or regulation.(2) A credential may only be issued to (a) a citizen of the United States, (b) an alien lawfully admitted into the United States who is eligible for a credential under the Uniform Credentialing Act, (c) a nonimmigrant lawfully present in the United States who is eligible for a credential under the Uniform Credentialing Act, or (d) a person who submits (i) an unexpired employment authorization document issued by the United States Department of Homeland Security, Form I-766, and (ii) documentation issued by the United States Department of Homeland Security, the United States Citizenship and Immigration Services, or any other federal agency, such as one of the types of Form I-797 used by the United States Citizenship and Immigration Services, demonstrating that such person is described in section 202(c)(2)(B)(i) through (x) of the federal REAL ID Act of 2005, Public Law 109-13. Such credential shall be valid only for the period of time during which such person's employment authorization document is valid.Source   Laws 1927, c. 167,  3, p. 455;   C.S.1929,  71-202;   R.S.1943,  71-103;   Laws 1969, c. 560,  1, p. 2278;  Laws 1974, LB 811,  6;  Laws 1986, LB 286,  25;  Laws 1986, LB 579,  17;  Laws 1986, LB 926,  2;  Laws 1994, LB 1210,  10;   R.S.1943, (2003),  71-103;  Laws 2007, LB463,  29;  Laws 2011, LB225,  1;  Laws 2016, LB947,  3;  Laws 2020, LB944,  4.  
38-130.  Credential; application; contents.(1) An individual shall file an application for a credential to practice a profession with the department accompanied by the fee set pursuant to the Uniform Credentialing Act. The application shall contain:(a) The legal name of the applicant;(b) The date and place of birth of the applicant;(c) The address of the applicant;(d) The social security number of the applicant or the resident identification number of the applicant if the applicant is not a citizen of the United States and is otherwise eligible to be credentialed under section 38-129; and(e) Any other information required by the department.(2) A business shall file an application for a credential with the department accompanied by the fee set pursuant to the Uniform Credentialing Act. The application shall contain:(a) The full name and address of the business;(b) The full name and address of the owner of the business;(c) The name of each person in control of the business;(d) The social security number of the business if the applicant is a sole proprietorship; and(e) Any other information required by the department.(3) The applicant shall sign the application. If the applicant is a business, the application shall be signed by:(a) The owner or owners if the applicant is a sole proprietorship, a partnership, or a limited liability company that has only one member;(b) Two of its members if the applicant is a limited liability company that has more than one member;(c) Two of its officers if the applicant is a corporation;(d) The head of the governmental unit having jurisdiction over the business if the applicant is a governmental unit; or(e) If the applicant is not an entity described in subdivisions (a) through (d) of this subsection, the owner or owners or, if there is no owner, the chief executive officer or comparable official.(4) Each credential holder under the Uniform Credentialing Act shall notify the department of any change to the address of record so that the department can update the record of the credential holder under section 38-123.(5) Social security numbers obtained under this section shall not be public information but may be shared by the department for administrative purposes if necessary and only under appropriate circumstances to ensure against any unauthorized access to such information.Source   Laws 1927, c. 167,  8, p. 456;   C.S.1929,  71-207;   R.S.1943,  71-108;  Laws 1979, LB 427,  1;  Laws 1986, LB 286,  29;  Laws 1986, LB 579,  21;  Laws 1986, LB 926,  3;  Laws 1987, LB 473,  4;   Laws 1991, LB 456,  5;  Laws 1994, LB 1210,  15;  Laws 1997, LB 752,  156;  Laws 1999, LB 828,  11;   R.S.1943, (2003),  71-108;  Laws 2007, LB463,  30. 
38-1301.  Act, how cited.Sections 38-1301 to 38-1315 shall be known and may be cited as the Environmental Health Specialists Practice Act.Source Laws 2007, LB463,  522. 
38-1302.  Definitions, where found.For purposes of the Environmental Health Specialists Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1303 to 38-1306 apply.Source   Laws 1963, c. 400,  2, p. 1279;  Laws 1989, LB 344,  27;   Laws 1991, LB 703,  38;  Laws 1996, LB 1044,  666;  Laws 2003, LB 242,  116;   R.S.1943, (2003),  71-3702;  Laws 2007, LB296,  578;  Laws 2007, LB463,  523. 
38-1303.  Board, defined.Board means the Board of Registered Environmental Health Specialists.Source Laws 2007, LB463,  524. 
38-1304.  Environmental health specialist, defined.Environmental health specialist means a person who by education and experience in the physical, biological, and sanitary sciences is qualified to carry out educational, investigational, and technical duties in the field of environmental sanitation.Source Laws 2007, LB463,  525. 
38-1305.  Provisional environmental health specialist, defined.Provisional environmental health specialist means a person who is qualified by education but does not have at least two full years of experience in the field of environmental sanitation and is certified in accordance with the Environmental Health Specialists Practice Act.Source Laws 2007, LB463,  526. 
38-1306.  Registered environmental health specialist, defined.Registered environmental health specialist means a person who has the educational requirements and has had experience in the field of environmental sanitation required by section 38-1308 and is certified in accordance with the Environmental Health Specialists Practice Act.Source Laws 2007, LB463,  527. 
38-1307.  Board; members; qualifications; terms.The board shall consist of six members. One member shall be a public member who meets the requirements of section 38-165. Each of the other members shall have been engaged in environmental health for at least ten years, shall have had responsible charge of work for at least five years at the time of his or her appointment, and shall be a registered environmental health specialist. At the expiration of the three-year terms of the members serving on December 1, 2008, successors shall be appointed for five-year terms.Source   Laws 1963, c. 400,  6, p. 1281;   Laws 1969, c. 578,  1, p. 2326;  Laws 1981, LB 204,  127;  Laws 1987, LB 473,  49;   Laws 1991, LB 703,  43;  Laws 1993, LB 375,  4;  Laws 1994, LB 1223,  46;  Laws 1996, LB 1044,  667;   R.S.1943, (2003),  71-3706;  Laws 2007, LB296,  579;  Laws 2007, LB463,  528. 
38-1308.  Certification; qualifications; exception; term.A person shall be eligible for certification as an environmental health specialist if he or she has graduated with a baccalaureate or higher degree from an accredited college or university, has satisfactorily completed at least forty-five quarter hours or thirty semester hours of academic work in the basic natural sciences, has been employed full time as an environmental health specialist for a period not less than two years, and has passed an examination approved by the board, except that a person holding a degree higher than a baccalaureate degree who has satisfactorily completed at least forty-five quarter hours or thirty semester hours of academic work in the basic natural sciences may qualify when employed as an environmental health specialist for a period of not less than one year.Source   Laws 1963, c. 400,  3, p. 1279;  Laws 1989, LB 344,  28;   Laws 1991, LB 703,  39;  Laws 1997, LB 752,  182;  Laws 2003, LB 242,  117;   R.S.1943, (2003),  71-3703;  Laws 2007, LB463,  529. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1309.  Provisional environmental health specialist.Any person meeting the educational qualifications of section 38-1308 but who does not meet the experience requirements of such section may make application for certification as a provisional environmental health specialist.Source   Laws 1963, c. 400,  4, p. 1280;  Laws 1989, LB 344,  29;   Laws 1991, LB 703,  40;  Laws 2003, LB 242,  118;   R.S.1943, (2003),  71-3704;  Laws 2007, LB463,  530. 
38-131.  Criminal background check; when required.(1) An applicant for an initial license to practice as a registered nurse, a licensed practical nurse, a physical therapist, a physical therapy assistant, a psychologist, an advanced emergency medical technician, an emergency medical technician, an audiologist, a speech-language pathologist, a licensed independent mental health practitioner, an occupational therapist, an occupational therapy assistant, or a paramedic or to practice a profession which is authorized to prescribe controlled substances shall be subject to a criminal background check. A criminal background check may also be required for initial licensure or reinstatement of a license governed by the Uniform Credentialing Act if a criminal background check is required by an interstate licensure compact. Except as provided in subsection (3) of this section, the applicant shall submit with the application a full set of fingerprints which shall be forwarded to the Nebraska State Patrol to be submitted to the Federal Bureau of Investigation for a national criminal history record information check. The applicant shall authorize release of the results of the national criminal history record information check to the department. The applicant shall pay the actual cost of the fingerprinting and criminal background check.(2) This section shall not apply to a dentist who is an applicant for a dental locum tenens under section 38-1122, to a physician or osteopathic physician who is an applicant for a physician locum tenens under section 38-2036, or to a veterinarian who is an applicant for a veterinarian locum tenens under section 38-3335.(3) An applicant for a temporary educational permit as defined in section 38-2019 shall have ninety days from the issuance of the permit to comply with subsection (1) of this section and shall have his or her permit suspended after such ninety-day period if the criminal background check is not complete or revoked if the criminal background check reveals that the applicant was not qualified for the permit.Source  Laws 2005, LB 306,  2;  Laws 2005, LB 382,  15;  Laws 2006, LB 833,  1;   R.S.Supp.,2006,  71-104.01;  Laws 2007, LB247,  60;  Laws 2007, LB463,  31;  Laws 2007, LB481,  2;  Laws 2011, LB687,  1;  Laws 2015, LB129,  1;  Laws 2018, LB731,  1;  Laws 2018, LB1034,  5;  Laws 2022, LB752,  7.   Effective Date: July 21, 2022  
38-1310.  Registered environmental health specialist; provisional environmental health specialist; certification; term; renewal; continuing competency requirements.(1) Certification as a registered environmental health specialist shall expire biennially. Certification as a provisional environmental health specialist shall be valid for one year and may be renewed for two additional one-year periods. In no case shall certification for a provisional environmental health specialist exceed a three-year period.(2) Each registered environmental health specialist in active practice in the state shall complete continuing competency activities as approved by the board and adopted and promulgated by the department in rules and regulations as a prerequisite for the registrant's next subsequent biennial renewal. 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 registered environmental health specialist may select as an alternative to continuing education.Source   Laws 1963, c. 400,  10, p. 1283;   Laws 1969, c. 578,  4, p. 2328;  Laws 1983, LB 542,  3;  Laws 1986, LB 926,  61;  Laws 1988, LB 1100,  145;   Laws 1991, LB 703,  47;  Laws 1994, LB 1210,  122;  Laws 1994, LB 1223,  49;  Laws 1997, LB 307,  189;  Laws 2002, LB 1021,  80;  Laws 2003, LB 242,  121;   R.S.1943, (2003),  71-3710;  Laws 2007, LB463,  531. 
38-1311.  Registered environmental health specialist; application for certification; continuing competency requirements.An applicant for certification as a registered environmental health specialist who has met the education and examination requirements in section 38-1308, who passed the examination more than three years prior to the time of application for certification, and who is not practicing at the time of application for certification shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for certification completed continuing competency requirements approved by the board pursuant to section 38-145.Source Laws 2007, LB463,  532. 
38-1312.  Registered environmental health specialist; reciprocity; continuing competency requirements; military spouse; temporary certification.(1) An applicant for certification as a registered environmental health specialist who has met the standards set by the board pursuant to section 38-126 for certification based on a credential in another jurisdiction but is not practicing at the time of application for certification shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for certification completed continuing competency requirements approved by the board pursuant to section 38-145.(2) An applicant who is a military spouse may apply for temporary certification as provided in section 38-129.01.Source  Laws 2007, LB463,  533;  Laws 2017, LB88,  50.  
38-1313.  Fees.The department shall establish and collect fees for credentialing under the Environmental Health Specialists Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  534. 
38-1314.  Title or abbreviation; use; when.Only a person who holds a valid current certificate for use in this state shall have the right and privilege of using the title Registered Environmental Health Specialist and to use the abbreviation R.E.H.S. after his or her name.Source   Laws 1963, c. 400,  13, p. 1285;   Laws 1991, LB 703,  48;   R.S.1943, (2003),  71-3713;  Laws 2007, LB463,  535. 
38-1315.  Certified environmental health specialist; misrepresentation; unlawful.It shall be unlawful for any person to represent himself or herself as a registered environmental health specialist without being duly certified and the holder of a currently valid certificate issued by the department. An individual holding a certificate of registration as a registered environmental health specialist on December 1, 2008, shall be deemed to be certified as a registered environmental health specialist on such date. An individual holding a certificate of registration as a trainee on December 1, 2008, shall be deemed to be certified as a provisional environmental health specialist on such date.Source   Laws 1963, c. 400,  14, p. 1285;   Laws 1991, LB 703,  49;   R.S.1943, (2003),  71-3714;  Laws 2007, LB463,  536. 
38-132.  Examinations; application; fees.Any person desiring to take an examination for credentialing purposes shall make application to the department or to the organization specified by the department prior to examination on a form provided by the department or such organization. Such application shall be accompanied by the examination fee and such documents and affidavits as are necessary to show the eligibility of the candidate to take such examination. All applications shall be in accordance with the rules and regulations of the department or such organization. When a national or standardized examination is required, the department may direct the applicant to apply directly to the organization administering the examination to take the examination.Source   Laws 1927, c. 167,  25, p. 460;   C.S.1929,  71-401;   R.S.1943,  71-125;  Laws 1979, LB 427,  14;  Laws 1986, LB 286,  36;  Laws 1986, LB 579,  28;  Laws 1986, LB 926,  13;  Laws 1987, LB 473,  13;  Laws 1990, LB 1064,  2;   Laws 1991, LB 703,  13;   R.S.1943, (2003),  71-125;  Laws 2007, LB463,  32. 
38-133.  Approved courses of study; approval required.The department shall maintain a list of approved courses of study for the professions which are regulated by the Uniform Credentialing Act. The appropriate board shall make recommendations relative thereto and shall approve the list for its profession. The department shall approve the list for a profession if there is no appropriate board. No course of study shall be approved without the formal action of the department or the appropriate board. Any course of study whose graduates or students desire to take the Nebraska examination shall supply the department with the necessary data to allow the board and the department to determine whether that course of study should be approved.Source   Laws 1927, c. 167,  28, p. 461;   C.S.1929,  71-404;   R.S.1943,  71-128;  Laws 1979, LB 427,  15;  Laws 1986, LB 286,  37;  Laws 1986, LB 579,  29;  Laws 1990, LB 1064,  3;  Laws 1999, LB 828,  31;   R.S.1943, (2003),  71-128;  Laws 2007, LB463,  33. 
38-134.  Examinations; oral or practical; approval of national or other examination.(1) The oral or practical work portion of any examination for a credential under the Uniform Credentialing Act may be given by the members of the appropriate board, the department, or an organization approved by the appropriate board or the department if there is no board. The oral examination questions shall be limited to the practice of the profession.(2) The appropriate board may approve any national or other examination to constitute part or all of the credentialing examination for any of the professions which are regulated by the Uniform Credentialing Act.Source   Laws 1927, c. 167,  33, p. 462;   C.S.1929,  71-409;   R.S.1943,  71-133;  Laws 1979, LB 427,  18;  Laws 1982, LB 449,  1;  Laws 1982, LB 450,  1;  Laws 1982, LB 448,  1;  Laws 1984, LB 470,  4;  Laws 1984, LB 481,  15;  Laws 1986, LB 286,  39;  Laws 1986, LB 579,  31;  Laws 1988, LB 1100,  14;  Laws 1989, LB 489,  1;  Laws 1990, LB 1064,  6;  Laws 1999, LB 828,  35;  Laws 2001, LB 209,  2;   R.S.1943, (2003),  71-133;  Laws 2007, LB463,  34. 
38-135.  Examinations; time and place.Examinations for credentialing shall be held on such dates and at such times and places as set by the department or the organization approved by the appropriate board or the department. Special examinations may be given at the expense of the applicant and administered by the department or the organization specified by the department.Source   Laws 1927, c. 167,  29, p. 461;   C.S.1929,  71-405;   R.S.1943,  71-129;  Laws 1984, LB 470,  3;  Laws 1986, LB 926,  14;  Laws 1990, LB 1064,  4;   Laws 1996, LB 1108,  7;  Laws 1999, LB 828,  32;   R.S.1943, (2003),  71-129;  Laws 2007, LB463,  35. 
38-136.  Examinations; passing score; reexaminations.(1) In the absence of any specific requirement or provision relating to any particular profession:(a) The appropriate board may specify the passing score on credentialing examinations;(b) An examinee who fails a credentialing examination may retake the entire examination or the part failed upon payment of the cost of retaking the examination; and(c) The department shall withhold from the credentialing fee submitted by an examinee the cost of any national examination used when an examinee fails a credentialing examination and shall return to the examinee the remainder of the credentialing fee collected subject to section 38-156, except that:(i) If a state-administered jurisprudence portion of the credentialing examination was failed, the examinee may retake that portion without charge; and(ii) If any component of a national examination was failed, the examinee shall be charged the cost for retaking such examination.(2) A person who desires to take an examination but does not wish to receive a credential may take such examination by meeting the examination eligibility requirements and paying the cost of the examination.Source   Laws 1927, c. 167,  31, p. 462;   C.S.1929,  71-407;   Laws 1939, c. 91,  4, p. 394;   C.S.Supp.,1941,  71-407;   R.S.1943,  71-131;   Laws 1969, c. 560,  3, p. 2279;  Laws 1979, LB 427,  16;  Laws 1983, LB 476,  4;  Laws 1984, LB 481,  14;  Laws 1985, LB 250,  1;  Laws 1986, LB 277,  7;  Laws 1986, LB 286,  38;  Laws 1986, LB 579,  30;  Laws 1986, LB 926,  16;  Laws 1986, LB 355,  13;  Laws 1988, LB 1100,  13;  Laws 1988, LB 557,  19;  Laws 1989, LB 342,  10;  Laws 1990, LB 1064,  5;   Laws 1991, LB 703,  14;  Laws 1993, LB 669,  10;  Laws 1994, LB 1210,  21;  Laws 1995, LB 406,  17;  Laws 1999, LB 828,  33;  Laws 2002, LB 1021,  8;  Laws 2002, LB 1062,  12;  Laws 2003, LB 242,  18;  Laws 2004, LB 1083,  111;   R.S.Supp.,2006,  71-131;  Laws 2007, LB481,  3;  Laws 2007, LB463,  36. 
38-137.  Examinations; records maintained; eligibility.(1) All questions, the answer key, and the examinees' answers connected with any examination for credentialing shall be maintained by the department, national organization, or testing service for a period of two years from the date of administration of the examination.(2) When national examinations are accepted for credentialing, the department shall obtain from the national organization or testing service documentation that the examination development and maintenance process meets generally accepted standards for test development and maintenance.(3) The department, with the recommendation of the appropriate board, may:(a) Specify credentialing examination application procedures;(b) Provide for the review of procedures for the development of examinations;(c) Provide for the administration of all or separate components of examinations; and(d) Protect the security of the content of examination questions and answers.(4) The appropriate board may specify eligibility for taking the credentialing examination. In determining such eligibility, the board shall consider the practices of other states but shall determine such eligibility standards based on the extent to which completion of a course of study prior to examination is necessary to assure that applicants for credentials meet minimum standards of proficiency and competency for the protection of the health and safety of the public.Source   Laws 1927, c. 167,  38, p. 463;   C.S.1929,  71-414;   R.S.1943,  71-138;   Laws 1969, c. 560,  4, p. 2280;  Laws 1978, LB 406,  10;  Laws 1979, LB 427,  29;  Laws 1986, LB 286,  42;  Laws 1986, LB 579,  34;  Laws 1986, LB 926,  22;  Laws 1987, LB 473,  14;  Laws 1990, LB 1064,  7;   Laws 1991, LB 703,  16;  Laws 1999, LB 828,  36;   R.S.1943, (2003),  71-138;  Laws 2007, LB463,  37. 
38-138.  Inspection of business by department.The department may inspect or provide for the inspection of any business credentialed or applying for a credential under the Uniform Credentialing Act. The department shall issue an inspection report and provide a copy of the report to the business within ten working days after the completion of an inspection.Source Laws 2007, LB463,  38. 
38-139.  Inspection of business by State Fire Marshal or local fire prevention personnel.The department may request the State Fire Marshal to inspect any business credentialed or applying for a credential under the Uniform Credentialing Act for fire safety pursuant to section 81-502. The State Fire Marshal shall assess a fee for such inspection pursuant to section 81-505.01 payable by such business. The State Fire Marshal may delegate such authority to make such inspections to qualified local fire prevention personnel pursuant to section 81-502.Source Laws 2007, LB463,  39. 
38-140.  Report of unauthorized practice or unauthorized operation of business; investigation; cease and desist order; violation; penalty.Every business credentialed under the Uniform Credentialing Act shall report to the department the name of every person without a credential that he or she has reason to believe is engaged in practicing any profession or operating any business for which a credential is required by the Uniform Credentialing Act. The department may, along with other law enforcement agencies, investigate such reports or other complaints of unauthorized practice or unauthorized operation of a business. The director, with the recommendation of the appropriate board, may issue an order to cease and desist the unauthorized practice of such profession or unauthorized operation of such business as a measure to obtain compliance with the applicable credentialing requirements by the person or business prior to referral of the matter to the Attorney General for action. For businesses that do not have a board, the department may issue such cease and desist orders. Practice of such profession or operation of such business without a credential after receiving a cease and desist order is a Class III felony.Source  Laws 2007, LB463,  40;  Laws 2016, LB859,  1.  
38-1401.  Act, how cited.Sections 38-1401 to 38-1428 shall be known and may be cited as the Funeral Directing and Embalming Practice Act.Source Laws 2007, LB463,  537. 
38-1402.  Definitions, where found.For purposes of the Funeral Directing and Embalming Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1403 to 38-1413 apply.Source   Laws 1927, c. 167,  92, p. 479;   C.S.1929,  71-1301;   Laws 1931, c. 123,  1, p. 355;   C.S.Supp.,1941,  71-1301;   R.S.1943,  71-194;   Laws 1957, c. 293,  1, p. 1052;   R.S.1943, (1990),  71-194;  Laws 1993, LB 187,  13;  Laws 1996, LB 1044,  557;  Laws 1999, LB 828,  152;  Laws 2003, LB 95,  35;   R.S.1943, (2003),  71-1301;  Laws 2007, LB296,  465;  Laws 2007, LB463,  538. 
38-1403.  Accredited school of mortuary science, defined.Accredited school of mortuary science means a school of the same type as those rated Class A by the Conference of Funeral Service Examining Boards of the United States, Inc., approved by the board.Source Laws 2007, LB463,  539. 
38-1404.  Apprentice, defined.Apprentice means a person registered with the department as an apprentice who is completing a twelve-month apprenticeship under the supervision of a licensed funeral director and embalmer practicing in the State of Nebraska. The licensed funeral director and embalmer is responsible for all funeral assists and embalmings completed by the apprentice.Source Laws 2007, LB463,  540. 
38-1405.  Board, defined.Board means the Board of Funeral Directing and Embalming.Source Laws 2007, LB463,  541. 
38-1406.  Branch establishment, defined.Branch establishment means a place of business situated at a specific street address or location which is a subsidiary of a licensed funeral establishment, which contains a casket display room, a viewing area, or an area for conducting funeral services, or all of them, and where any portion of the funeral service or arrangements for the disposition of a dead human body is conducted.Source Laws 2007, LB463,  542. 
38-1407.  Casket, defined.Casket means a receptacle for a dead human body and does not include vaults, lawn crypts, mausoleums, or other outside receptacles for caskets.Source Laws 2007, LB463,  543. 
38-1408.  Crematory authority, defined.Crematory authority means the legal entity subject to licensure by the department to maintain and operate a crematory and perform cremation.Source Laws 2007, LB463,  544. 
38-1409.  Embalming, defined.(1) Embalming means the practice of preparing a dead human body for burial or other final disposal by a licensed funeral director and embalmer or an apprentice, requesting and obtaining burial or removal permits, or assuming any of the other duties incident to the practice of embalming.(2) Any person who publicly professes to be a funeral director and embalmer or an apprentice is deemed to be practicing embalming.(3) The performance of the following acts is also deemed to be the practice of embalming: (a) The disinfection and preservation of dead human beings, entire or in part; and (b) the attempted disinfection and preservation thereof by the use or application of chemical substances, fluids, or gases ordinarily used, prepared, or intended for such purposes, either by outward application of such chemical substances, fluids, or gases on the body or by introducing them into the body, by vascular or hypodermic injection, or by direct introduction into the organs or cavities.Source Laws 2007, LB463,  545. 
38-141.  Inspector or investigator; appointment by department.Whenever the department deems it necessary to appoint an inspector or investigator to assist it in performing its duty, the department may appoint a person who holds an active credential in the appropriate profession or any other qualified person who has been trained in investigational procedures and techniques to serve as such inspector or investigator.Source   Laws 1953, c. 247,  3, p. 850;  Laws 1979, LB 427,  13;   Laws 1996, LB 1108,  6;  Laws 1999, LB 828,  30;   R.S.1943, (2003),  71-124.01;  Laws 2007, LB463,  41. 
38-1410.  Funeral directing, defined.Funeral directing means (1) counseling families or next of kin in regard to the conduct of a funeral service for a dead human body for burial, disposition, or cremation or directing or supervising burial, disposition, or cremation of dead human bodies, (2) providing for or maintaining a funeral establishment, or (3) the act of representing oneself as or using in connection with one's name the title of funeral director, mortician, or any other title implying that he or she is engaged in the business of funeral directing.Source Laws 2007, LB463,  546. 
38-1411.  Funeral establishment, defined.Funeral establishment means a place of business situated at a specific street address or location devoted to the care and preparation of dead human bodies for burial, disposition, or cremation or to conducting or arranging funeral services for dead human bodies.Source Laws 2007, LB463,  547. 
38-1412.  Licensure examination, defined.Licensure examination means a national standardized examination, the state jurisprudence examination, and the vital statistic forms examination.Source Laws 2007, LB463,  548. 
38-1413.  Supervision, defined.Supervision means the direct oversight or the easy availability of the supervising funeral director and embalmer. The first twenty-five funeral assists and embalmings shall be completed under direct onsite supervision of the supervising funeral director and embalmer.Source Laws 2007, LB463,  549. 
38-1414.  Funeral directing and embalming; license; requirements.(1) The department shall issue a single license to practice funeral directing and embalming to applicants who meet the requirements of this section. An applicant for a license as a funeral director and embalmer shall:(a) Present satisfactory proof that the applicant has earned the equivalent of forty semester hours of college credit in addition to a full course of instruction in an accredited school of mortuary science. Such hours shall include the equivalent of (i) six semester hours of English, (ii) twelve semester hours of business, (iii) four semester hours of chemistry, (iv) twelve semester hours of a biological science relating to the human body, and (v) six semester hours of psychology or counseling; and(b) Present proof to the department that he or she has completed the following training:(i) A full course of instruction in an accredited school of mortuary science;(ii) A twelve-month apprenticeship under the supervision of a licensed funeral director and embalmer practicing in the State of Nebraska, which apprenticeship shall consist of arterially embalming twenty-five bodies and assisting with twenty-five funerals; and(iii) Successful completion of the licensure examination approved by the board.(2) Any person holding a valid license as an embalmer on January 1, 1994, may continue to provide services as an embalmer after such date. Upon expiration of such valid license, the person may apply for renewal thereof, and the department shall renew such license to practice embalming.(3) Any person holding a valid license as a funeral director on January 1, 1994, may continue to provide services as a funeral director after such date. Upon expiration of such valid license, the person may apply for renewal thereof, and the department shall renew such license to practice funeral directing.Source   Laws 1927, c. 167,  93, p. 480;   C.S.1929,  71-1302;   Laws 1931, c. 123,  1, p. 355;   Laws 1937, c. 155,  1, p. 612;   C.S.Supp.,1941,  71-1302;   R.S.1943,  71-195;   Laws 1955, c. 271,  1, p. 852;  Laws 1986, LB 926,  43;  Laws 1987, LB 473,  19;  Laws 1988, LB 1100,  35;   R.S.1943, (1990),  71-195;  Laws 1993, LB 187,  14;   R.S.1943, (2003),  71-1302;  Laws 2007, LB463,  550;  Laws 2022, LB704,  1.   Effective Date: July 21, 2022  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1415.  Examinations; requirements.When the applicant has satisfied the department that he or she either has completed a full course of instruction in an accredited school of mortuary science or has completed all but the final semester of such course, the applicant shall be eligible to take the national standardized examination. The applicant shall pass such examination before beginning his or her twelve-month apprenticeship or the final six months thereof. When the applicant has satisfied the department that he or she has the qualifications specified in section 38-1416, he or she shall be eligible to take the state jurisprudence and vital statistic forms examination. A grade of seventy-five or above on each part of the licensure examination shall be a passing grade.Source   Laws 1927, c. 167,  94, p. 480;   C.S.1929,  71-1303;   Laws 1931, c. 123,  1, p. 356;   Laws 1937, c. 155,  2, p. 613;   C.S.Supp.,1941,  71-1303;   R.S.1943,  71-196;   Laws 1955, c. 271,  2, p. 853;   R.S.1943, (1990),  71-196;  Laws 1993, LB 187,  15;   R.S.1943, (2003),  71-1303;  Laws 2007, LB463,  551. 
38-1416.  Apprenticeship; apprentice license; examination.(1) Before beginning an apprenticeship, an applicant shall apply for an apprentice license. The applicant shall show that he or she has completed twenty of the forty hours required in subdivision (1)(a) of section 38-1414. The applicant may complete the twelve-month apprenticeship in either a split apprenticeship or a full apprenticeship as provided in this section.(2) A split apprenticeship shall be completed in the following manner:(a) Application for an apprentice license to complete a six-month apprenticeship prior to attending an accredited school of mortuary science, which license shall be valid for six months from the date of issuance and shall not be extended by the board. The apprenticeship shall be completed over a continuous six-month period;(b) Successful completion of a full course of study in an accredited school of mortuary science;(c) Successful passage of the national standardized examination; and(d) Application for an apprentice license to complete the final six-month apprenticeship, which license shall be valid for six months from the date of issuance and shall not be extended by the board. The apprenticeship shall be completed over a continuous six-month period.(3) A full apprenticeship shall be completed in the following manner:(a) Successful completion of a full course of study in an accredited school of mortuary science;(b) Successful passage of the national standardized examination; and(c) Application for an apprentice license to complete a twelve-month apprenticeship. This license shall be valid for twelve months from the date of issuance and shall not be extended by the board. The apprenticeship shall be completed over a continuous twelve-month period.(4) An individual registered as an apprentice on December 1, 2008, shall be deemed to be licensed as an apprentice for the term of the apprenticeship on such date.Source   Laws 1927, c. 167,  96, p. 481;   C.S.1929,  71-1305;   Laws 1931, c. 123,  1, p. 357;   Laws 1937, c. 155,  3, p. 613;   C.S.Supp.,1941,  71-1305;   R.S.1943,  71-198;  Laws 1986, LB 926,  44;  Laws 1987, LB 473,  20;  Laws 1988, LB 1100,  36;   R.S.1943, (1990),  71-198;  Laws 1993, LB 187,  16;  Laws 2003, LB 242,  97;   R.S.1943, (2003),  71-1304;  Laws 2007, LB463,  552;  Laws 2022, LB704,  2.   Effective Date: July 21, 2022  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1417.  Teaching and demonstration; use of dead human bodies.The board shall have the privileges extended to them for the use of bodies for dissection, demonstrating, and teaching under the requirements of the State Anatomical Board for the distribution and delivery of dead human bodies.Source   Laws 1927, c. 167,  97, p. 481;   C.S.1929,  71-1306;   Laws 1931, c. 123,  1, p. 357;   C.S.Supp.,1941,  71-1306;   R.S.1943,  71-199;   R.S.1943, (1990),  71-199;  Laws 1993, LB 187,  17;  Laws 1999, LB 828,  153;   R.S.1943, (2003),  71-1305;  Laws 2007, LB463,  553. Cross References  State Anatomical Board requirements, see sections 71-1001 to 71-1007.
38-1418.  Violations; evidence.The finding of chemical substances, fluids, or gases ordinarily used in embalming or any trace thereof in a dead human body, the use of which is prohibited except by a licensed funeral director and embalmer, or the placing thereof upon a dead human body by other than a licensed funeral director and embalmer shall constitute prima facie evidence of the violation of the Funeral Directing and Embalming Practice Act.Source   Laws 1927, c. 167,  98, p. 481;   C.S.1929,  71-1307;   Laws 1931, c. 123,  1, p. 357;   C.S.Supp.,1941,  71-1307;   R.S.1943,  71-1,100;   R.S.1943, (1990),  71-1,100;  Laws 1993, LB 187,  18;   R.S.1943, (2003),  71-1306;  Laws 2007, LB463,  554. 
38-1419.  Funeral establishment; qualifications; relocation; change of manager; change of name.(1) In order for a funeral establishment to be licensed, it shall employ as its manager a licensed funeral director and embalmer who shall be responsible for all transactions conducted in the funeral establishment, except that any person holding a valid license as a funeral director may serve as a manager of a funeral establishment. The manager shall maintain and operate the funeral establishment in accordance with all laws, rules, and regulations relating thereto.(2) If the applicant for a funeral establishment license proposes to operate more than one establishment, a separate application and fee shall be required for each location.(3) A funeral establishment desiring to relocate shall make application to the department at least thirty days prior to the designated date of such change in location.(4) A funeral establishment desiring to change its manager shall make application to the department at least fifteen days prior to the designated date of such change, except that in the case of death of a manager, the application shall be made immediately following such death. No license shall be issued under this subsection by the department until the original license has been surrendered.(5) A funeral establishment desiring to change its name shall request such change to the department at least thirty days prior to the designated change in name.Source   Laws 1957, c. 295,  3, p. 1060;  Laws 1973, LB 515,  15;   Laws 1980, LB 94,  6;  Laws 1986, LB 926,  49;  Laws 1987, LB 473,  37;   Laws 1992, LB 1019,  61;  Laws 1993, LB 187,  20;  Laws 2003, LB 242,  98;   R.S.1943, (2003),  71-1327;  Laws 2007, LB463,  555. 
38-142.  Credential; expiration date; renewal; reinstatement; inactive status.(1) The credential to practice a profession shall be renewed biennially upon request of the credentialed person and upon documentation of continuing competency pursuant to sections 38-145 and 38-146. The renewals provided for in this section shall be accomplished in such manner and on such date as the department, with the recommendation of the appropriate board, may establish.The request for renewal shall include all information required by the department and shall be accompanied by the renewal fee. Such fee shall be paid not later than the date of the expiration of such credential, except that persons actively engaged in the military service of the United States, as defined in the Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., as the act existed on January 1, 2007, shall not be required to pay the renewal fee.(2) At least thirty days before the expiration of a credential, the department shall notify each credentialed person at his or her last address of record. If a credentialed person fails to notify the department of his or her desire to have his or her credential placed on inactive status upon its expiration, fails to meet the requirements for renewal on or before the date of expiration of his or her credential, or otherwise fails to renew his or her credential, it shall expire. When a person's credential expires, the right to represent himself or herself as a credentialed person and to practice the profession in which a credential is required shall terminate. Any credentialed person who fails to renew the credential by the expiration date and desires to resume practice of the profession shall apply to the department for reinstatement of the credential.(3) When a person credentialed pursuant to the Uniform Credentialing Act desires to have his or her credential placed on inactive status, he or she shall notify the department of such desire in writing. The department shall notify the credentialed person in writing of the acceptance or denial of the request to allow the credential to be placed on inactive status. When the credential is placed on inactive status, the credentialed person shall not engage in the practice of such profession, but he or she may represent himself or herself as having an inactive credential. A credential may remain on inactive status for an indefinite period of time.Source   Laws 1927, c. 167,  10, p. 456;   C.S.1929,  71-209;   Laws 1933, c. 122,  1, p. 492;   Laws 1935, c. 142,  29, p. 529;   C.S.Supp.,1941,  71-209;   Laws 1943, c. 151,  1, p. 551;   R.S.1943,  71-110;   Laws 1953, c. 238,  2, p. 824;   Laws 1957, c. 298,  7, p. 1077;   Laws 1961, c. 337,  5, p. 1051;  Laws 1978, LB 406,  3;  Laws 1979, LB 427,  3;  Laws 1979, LB 428,  1;  Laws 1984, LB 481,  8;  Laws 1985, LB 129,  4;  Laws 1986, LB 277,  4;  Laws 1986, LB 286,  30;  Laws 1986, LB 579,  22;  Laws 1986, LB 926,  4;  Laws 1986, LB 355,  10;  Laws 1987, LB 473,  5;  Laws 1988, LB 1100,  7;  Laws 1988, LB 557,  15;  Laws 1989, LB 342,  6;  Laws 1990, LB 1064,  1;  Laws 1993, LB 187,  4;  Laws 1993, LB 669,  5;  Laws 1994, LB 1210,  16;  Laws 1994, LB 1223,  3;  Laws 1995, LB 406,  13;  Laws 1997, LB 197,  1;  Laws 1999, LB 828,  12;  Laws 2001, LB 270,  3;  Laws 2002, LB 1021,  5;  Laws 2003, LB 242,  14;  Laws 2004, LB 1083,  106;   R.S.Supp.,2006,  71-110;  Laws 2007, LB236,  4;  Laws 2007, LB463,  42. 
38-1420.  Branch establishment; application for license; qualifications; relocation; change of manager; change of name.(1) If the applicant for a branch establishment license proposes to operate more than one branch establishment, a separate application and fee shall be required for each location.(2) A branch establishment desiring to relocate shall make application to the department at least thirty days prior to the designated date of such change in location.(3) A branch establishment desiring to change its manager shall make application to the department at least fifteen days prior to the designated date of such change, except that in the case of death of the manager, the establishment shall make application immediately after such death. No license shall be issued by the department under this subsection until the original license has been surrendered.(4) A branch establishment desiring to change its name shall apply to the department at least thirty days prior to the designated change in name.Source  Laws 1993, LB 187,  21;  Laws 2003, LB 242,  99;   R.S.1943, (2003),  71-1327.01;  Laws 2007, LB463,  556. 
38-1421.  Reciprocity; military spouse; temporary license.The department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to an individual who meets the requirements of the Funeral Directing and Embalming Practice Act or substantially equivalent requirements as determined by the department, with the recommendation of the board. An applicant for licensure under the act who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  557;  Laws 2017, LB88,  51.  
38-1422.  Fees.The department shall establish and collect fees for credentialing under the Funeral Directing and Embalming Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  558. 
38-1423.  Prohibited acts.Any person, partnership, limited liability company, firm, corporation, association, or other organization which (1) without having complied with the Funeral Directing and Embalming Practice Act and without having first obtained a license (a) engages directly or indirectly in the business of funeral directing and embalming, (b) holds himself, herself, or itself out to the public as a funeral director and embalmer, or (c) performs or attempts to perform any of the services of a funeral establishment or branch establishment or of a funeral director and embalmer relating to the disposition of dead human bodies or (2) continues to perform such services after the license has expired or has been revoked or suspended shall be dealt with in the same manner as outlined in section 38-1,118. Each day so engaged in such business shall constitute and be deemed a separate offense.Source   Laws 1957, c. 295,  7, p. 1062;  Laws 1973, LB 515,  16;  Laws 1977, LB 39,  158;   Laws 1980, LB 94,  9;  Laws 1986, LB 926,  50;  Laws 1988, LB 1100,  101;  Laws 1991, LB 10,  5;   Laws 1992, LB 1019,  62;   Laws 1993, LB 121,  423;  Laws 1993, LB 187,  23;  Laws 1994, LB 1223,  33;  Laws 2003, LB 242,  100;   R.S.1943, (2003),  71-1331;  Laws 2007, LB463,  559. 
38-1424.  Funeral directors and embalmers and funeral establishments; prohibited acts; section, how construed.(1) In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a credential issued under the Funeral Directing and Embalming Practice Act may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or credential holder is found guilty of any of the following acts or offenses:(a) Solicitation of dead human bodies by the credential holder or his or her agents, assistants, or employees, either prior to or following death;(b) The purchasing of funeral or embalming engagements or the payment of a commission either directly or indirectly or offer of payment of such commission to any agent, assistant, or employee for the purpose of securing business;(c) Using indecent, profane, or obscene language in the presence of a dead human body or within the immediate presence or hearing of the family, relatives, or friends of the deceased prior to the burial of the deceased;(d) Soliciting or accepting any remuneration, commission, bonus, or rebate in consideration of the recommending or causing a dead human body to be placed in any crematory, mausoleum, or cemetery;(e) Using any casket or part thereof which has previously been used as a receptacle for, or in connection with, the shipment, burial, or other disposition of a dead human body without first identifying such item as used;(f) Violations of any state law, municipal ordinance, or rule or regulation of the department or other body having regulatory powers, relating to the handling, custody, care, or transportation of dead human bodies;(g) Refusal to surrender promptly the custody of a dead human body upon request of a person or persons lawfully entitled to the custody thereof; or(h) Taking undue advantage of a patron or patrons, or being found guilty of fraud, or misrepresentation in the selling of merchandise or service to patrons.(2) An applicant or a credential holder shall be subject to the penalty provisions of this section if found guilty of any of the following:(a) Paying, directly or indirectly, any money or other thing of value as a commission or gratuity for the securing of business;(b) The buying of a business of any person, firm, or corporation, or the paying of a commission to any person, firm, or corporation or to any hospital or any institution where death occurs or to any hospital superintendent, nurse, intern, or other employee, whether directly or indirectly; or(c) Willful malpractice.(3) Any funeral director and embalmer who commits any of the acts or things prohibited by this section or otherwise violates any of the provisions thereof shall be guilty of a Class II misdemeanor.(4) Nothing in this section shall be construed to prohibit a licensed funeral director and embalmer from engaging in sales of funeral goods or services under the Burial Pre-Need Sale Act.Source   Laws 1957, c. 295,  9, p. 1063;   Laws 1963, c. 411,  1, p. 1331;   Laws 1980, LB 94,  11;  Laws 1987, LB 473,  40;  Laws 1988, LB 1100,  103;  Laws 1993, LB 187,  25;   R.S.1943, (2003),  71-1333;  Laws 2007, LB463,  560. Cross References  Burial Pre-Need Sale Act, see section 12-1101.
38-1425.  Deceased persons; funeral and disposition arrangements; liability.(1) Any person signing a funeral service agreement, a cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth in such agreement, form, or authorization, including the identity of the decedent whose remains are to be buried, cremated, or otherwise disposed of and the person's right of disposition. A funeral establishment, cemetery, or crematory authority shall have the right to rely on such agreement, form, or authorization and shall have the authority to carry out the instructions of the person or persons whom the funeral establishment, cemetery, or crematory authority reasonably believes holds the right of disposition. No funeral establishment, cemetery, or crematory authority shall have the responsibility to contact or to independently investigate the existence of any next-of-kin or relative of the decedent. If there is more than one person in a class equal in priority and the funeral establishment, cemetery, or crematory authority has no knowledge of any objection by other members of such class, the funeral establishment, cemetery, or crematory authority shall be entitled to rely on and act according to the instructions of the first such person in the class to make funeral and disposition arrangements so long as no other person in such class provides written notice of his or her objections to the funeral establishment, cemetery, or crematory authority, as the case may be.(2) The liability for the reasonable cost of the final disposition of the remains of the decedent devolves jointly and severally upon all kin of the decedent in the same degree of kindred into which the right of disposition fell and upon the estate of the decedent and, in cases where a county board has the right to control disposition of the remains under subdivision (2)(j) of section 30-2223, upon the county in which the death occurred from funds available for such purpose.(3) If the decedent died during active military service, as provided in 10 U.S.C. 1481 (a)(1) through (8), in any branch of the United States armed forces, United States reserve forces, or national guard, the person authorized by the decedent to direct disposition pursuant to section 564 of Public Law 109-163, as listed on the decedent's United States Department of Defense record of emergency data, DD Form 93, or its successor form, shall take priority over all other persons described in section 30-2223.Source   Laws 1959, c. 325,  1, p. 1186;   Laws 1959, c. 326,  1, p. 1189;  Laws 1998, LB 1354,  7;  Laws 1999, LB 46,  5;  Laws 2003, LB 95,  36;   R.S.1943, (2003),  71-1339;  Laws 2007, LB463,  561;  Laws 2013, LB420,  1;  Laws 2014, LB998,  9. Annotations When a plaintiff alleges only that he is the son of the decedent and that the decedent was survived by his wife, he has no right to control the disposition of the decedent's remains. Heitzman v. Thompson, 270 Neb. 600, 705 N.W.2d 426 (2005).
38-1426.  Final disposition; instructions; remains of deceased person; disposition; liability.(1) A decedent, prior to his or her death, may direct the preparation for the final disposition of his or her remains by written instructions as provided in sections 30-2223 and 38-1425. If such instructions are in a will or other written instrument, the decedent may direct that the whole or any part of such remains be given to a teaching institution, university, college, or legally licensed hospital, to the director, or to or for the use of any nonprofit blood bank, artery bank, eye bank, or other therapeutic service operated by any agency approved by the director under rules and regulations established by the director. The person or persons otherwise entitled to control the disposition of the remains under this section shall faithfully carry out the directions of the decedent.(2) If such instructions are contained in a will or other written instrument, they shall be immediately carried out, regardless of the validity of the will in other respects or of the fact that the will may not be offered for or admitted to probate until a later date.(3) This section shall be administered and construed to the end that such expressed instructions of any person shall be faithfully and promptly performed.(4) A funeral director and embalmer, physician, or cemetery authority shall not be liable to any person or persons for carrying out such instructions of the decedent, and any teaching institution, university, college, or legally licensed hospital or the director shall not be liable to any person or persons for accepting the remains of any deceased person under a will or other written instrument as set forth in this section.Source   Laws 1959, c. 325,  2, p. 1187;  Laws 1993, LB 187,  30;  Laws 1996, LB 1044,  559;  Laws 2003, LB 95,  37;   R.S.1943, (2003),  71-1340;  Laws 2007, LB296,  467;  Laws 2007, LB463,  562;  Laws 2014, LB998,  10. 
38-1427.  Autopsy; written authorization; removal of organs; when performed.A written authorization for an autopsy given by the person listed in section 30-2223 having the right of disposition of the remains may, subject to section 23-1824 and when not inconsistent with any directions given by the decedent pursuant to section 38-1426, include authorization for the removal of any specifically named organ or organs for therapeutic or scientific purposes. Pursuant to any such written authorization, any structure or organ may be given to the director or to any other therapeutic service operated by any nonprofit agency approved by the director, including, but not limited to, a teaching institution, university, college, legally licensed hospital, nonprofit blood bank, nonprofit artery bank, nonprofit eye bank, or nationally recognized nonprofit hormone and pituitary program. The person or persons performing any autopsy shall do so within a reasonable time and without delay and shall not exceed the removal permission contained in such written authorization, and the remains shall not be significantly altered in external appearance nor shall any portion thereof be removed for purposes other than those expressly permitted in this section.Source   Laws 1959, c. 325,  3, p. 1188;   Laws 1959, c. 326,  2, p. 1189;  Laws 1985, LB 130,  1;  Laws 1996, LB 1044,  560;  Laws 1999, LB 46,  6;   R.S.1943, (2003),  71-1341;  Laws 2007, LB296,  468;  Laws 2007, LB463,  563;  Laws 2014, LB998,  11. 
38-1428.  Funeral director and embalmer; principal services; statement of costs.A written statement, signed by the funeral director and embalmer or legal representative, of all principal services and furnishings to be supplied by the funeral director and embalmer for the preparation and burial or cremation of the deceased, together with the actual cost of the services including the total actual costs, shall be given to the next of kin or other person responsible for the making of the funeral arrangements prior to the burial or disposition of the deceased. For purposes of this section principal services shall include, but not be limited to, the casket, outer receptacle, facilities and equipment, professional services, nonlocal transportation, clothing, an itemization of all cash advances, and sales tax. A copy of such statement, signed by the person to whom it was tendered, shall be retained in the records of the funeral director and embalmer for a period of at least two years.Source   Laws 1980, LB 94,  17;  Laws 1993, LB 187,  32;   R.S.1943, (2003),  71-1346;  Laws 2007, LB463,  564. 
38-143.  Credential to engage in business; renewal; procedure; notice of expiration.(1) The credential to engage in a business shall be renewed biennially upon request of the credentialed business and completion of the renewal requirements. The renewals provided for in this section shall be accomplished in such manner and on such date as the department, with the recommendation of the appropriate board, may establish. The request for renewal shall include all information required by the department and shall be accompanied by the renewal fee. Such fee shall be paid not later than the date of the expiration of such credential.(2) At least thirty days before the expiration of a credential, the department shall notify each credentialed business at its last address of record. If a credentialed business fails to meet the renewal requirements on or before the date of expiration of the credential, the credential shall expire. When a credential expires, the right to operate the business shall terminate. A business which fails to renew its credential by the expiration date shall apply for and obtain another credential prior to operating the business.Source  Laws 2003, LB 242,  15;  Laws 2004, LB 906,  1;  Laws 2004, LB 1005,  9;   R.S.Supp.,2006,  71-110.01;  Laws 2007, LB463,  43. 
38-144.  Credential; failure to pay fees; failure to meet continuing competency requirement; effect.(1) The credential of any person who fails, by the expiration date of such credential, to pay the required renewal fee or to submit documentation of continuing competency shall automatically expire without further notice or hearing.(2) The department shall refuse to renew after notice and opportunity for hearing, the credential of any person who fails, by the expiration date of such credential, to meet the applicable continuing competency requirement for renewal.(3) Subsections (1) and (2) of this section shall not apply when the credential holder has given notification to the department that he or she desires to have his or her credential expire or be placed on inactive status upon expiration.Source   Laws 1927, c. 167,  48, p. 467;   C.S.1929,  71-603;   Laws 1943, c. 150,  12, p. 543;   R.S.1943,  71-149;   Laws 1976, LB 877,  2;  Laws 1984, LB 481,  19;  Laws 1986, LB 286,  47;  Laws 1986, LB 579,  39;  Laws 1987, LB 473,  17;  Laws 1988, LB 1100,  18;  Laws 1994, LB 1210,  28;  Laws 2002, LB 1021,  10;  Laws 2003, LB 242,  20;   R.S.1943, (2003),  71-149;  Laws 2007, LB463,  44. 
38-145.  Continuing competency requirements; board; duties.(1) The appropriate board shall establish continuing competency requirements for persons seeking renewal of a credential.(2) The purposes of continuing competency requirements are to ensure (a) the maintenance by a credential holder of knowledge and skills necessary to competently practice his or her profession, (b) the utilization of new techniques based on scientific and clinical advances, and (c) the promotion of research to assure expansive and comprehensive services to the public.(3) Each board shall consult with the department and the appropriate professional academies, professional societies, and professional associations in the development of such requirements.(4)(a) For a profession for which there are no continuing education requirements on December 31, 2002, the requirements may include, but not be limited to, any one or a combination of the continuing competency activities listed in subsection (5) of this section.(b) For a profession for which there are continuing education requirements on December 31, 2002, continuing education is sufficient to meet continuing competency requirements. The requirements may also include, but not be limited to, any one or a combination of the continuing competency activities listed in subdivisions (5)(b) through (5)(p) of this section which a credential holder may select as an alternative to continuing education.(5) Continuing competency activities may include, but not be limited to, any one or a combination of the following:(a) Continuing education;(b) Clinical privileging in an ambulatory surgical center or hospital as defined in section 71-405 or 71-419;(c) Board certification in a clinical specialty area;(d) Professional certification;(e) Self-assessment;(f) Peer review or evaluation;(g) Professional portfolio;(h) Practical demonstration;(i) Audit;(j) Exit interviews with consumers;(k) Outcome documentation;(l) Testing;(m) Refresher courses;(n) Inservice training;(o) Practice requirement; or(p) Any other similar modalities.(6) Beginning with the first license renewal period which begins on or after October 1, 2018, the continuing competency requirements for a nurse midwife, dentist, physician, physician assistant, nurse practitioner, podiatrist, and veterinarian who prescribes controlled substances shall include at least three hours of continuing education biennially regarding prescribing opiates as defined in section 28-401. The continuing education may include, but is not limited to, education regarding prescribing and administering opiates, the risks and indicators regarding development of addiction to opiates, and emergency opiate situations. One-half hour of the three hours of continuing education shall cover the prescription drug monitoring program described in sections 71-2454 to 71-2456. This subsection terminates on January 1, 2029.Source   Laws 1976, LB 877,  14;  Laws 1984, LB 481,  21;  Laws 1985, LB 250,  4;  Laws 1986, LB 286,  62;  Laws 1986, LB 579,  54;   Laws 1992, LB 1019,  38;  Laws 1994, LB 1210,  41;  Laws 1999, LB 828,  47;  Laws 2002, LB 1021,  12;   R.S.1943, (2003),  71-161.09;  Laws 2007, LB463,  45;  Laws 2018, LB731,  2.  
38-146.  Continuing competency requirements; compliance; waiver; audits.(1) Each person holding an active credential within the state shall, on or before the date of expiration of his or her credential, comply with continuing competency requirements for his or her profession. Except as otherwise provided in this section, the department shall not renew the credential of any person who has not complied with such requirements.(2) The department may waive continuing competency requirements, in whole or in part, upon submission by a credential holder of documentation that circumstances beyond his or her control have prevented completion of such requirements. Such circumstances shall include, but not be limited to:(a) The credential holder has served in the regular armed forces of the United States during part of the credentialing period immediately preceding the renewal date;(b) The credential holder was first credentialed within the credentialing period immediately preceding the renewal date; or(c) Other circumstances prescribed by rules and regulations adopted and promulgated under the appropriate practice act.(3) Each credential holder shall be responsible for maintaining certificates or records of continuing competency activities.The department or appropriate board may biennially select, in a random manner, a sample of the renewal applications for audit of continuing competency requirements. Each credential holder selected for audit shall be required to produce documentation of the continuing competency activities. The credential of any person who fails to comply with the conditions of the audit shall expire thirty days after notice and an opportunity for a hearing.Source   Laws 1976, LB 877,  15;  Laws 1985, LB 250,  5;  Laws 1986, LB 286,  63;  Laws 1986, LB 579,  55;  Laws 1986, LB 926,  34;  Laws 1994, LB 1210,  42;  Laws 1997, LB 307,  120;  Laws 1999, LB 828,  48;  Laws 2001, LB 209,  3;  Laws 2002, LB 1021,  13;   R.S.1943, (2003),  71-161.10;  Laws 2007, LB463,  46. 
38-147.  Credential; reinstatement; application; department; powers.(1) Any person who desires to reinstate a credential after the date of expiration or from inactive to active status shall apply to the department for reinstatement. The credential may be reinstated upon the receipt of evidence of meeting the renewal requirements, or the requirements specified under the practice act for the appropriate profession, which are in effect at the time the credential holder applies to regain active status and payment of reinstatement and renewal fees if applicable.(2) The department, with the recommendation of the appropriate board, may deny an application for reinstatement or may issue the credential subject to any of the terms of section 38-196 if the applicant has committed any of the acts set out in section 38-178.(3) A credential holder who elected to have his or her credential placed on lapsed status prior to December 1, 2008, may have the credential reinstated in accordance with this section.Source Laws 2007, LB463,  47. 
38-148.  Credential; suspended, revoked, or other limitations; apply for reinstatement; when.(1) A person whose credential has been suspended or has had limitations placed thereon for any reason specified in sections 38-178 and 38-179 may apply for reinstatement of the credential at any time. The application shall include such information as may be required by the department.(2) A person whose credential has been revoked for any reason specified in such sections may apply for reinstatement of the credential after a period of two years has elapsed from the date of revocation. The application shall include such information as may be required by the department.Source   Laws 1976, LB 877,  9;  Laws 1986, LB 286,  57;  Laws 1986, LB 579,  49;  Laws 1986, LB 926,  32;  Laws 1988, LB 1100,  23;  Laws 1994, LB 1210,  37;  Laws 1999, LB 828,  45;   R.S.1943, (2003),  71-161.04;  Laws 2007, LB463,  48. 
38-149.  Application for reinstatement of credential for profession with board; when considered and acted upon; hearing; when allowed; procedure; appeal.(1) Upon receipt of an application under section 38-148 for reinstatement of a credential in a profession that has a board, the application shall be sent to the board for consideration. Any application for reinstatement, accompanied by the required information and documentation, shall be acted upon by the board within one hundred eighty days after the filing of the completed application.(2) The department, with the recommendation of the appropriate board, may:(a) Conduct an investigation to determine if the applicant has committed acts or offenses prohibited by section 38-178;(b) Require the applicant to submit to a complete diagnostic examination at the expense of the applicant by one or more physicians or other qualified professionals appointed by the board, the applicant being free also to consult a physician or physicians or other professionals of his or her own choice for an evaluation or diagnostic examination and to make available a report or reports thereof to the department and the appropriate board;(c) Require the applicant to pass a written, oral, or practical examination or any combination of such examinations at the expense of the applicant;(d) Require the applicant to successfully complete additional education at the expense of the applicant;(e) Require the applicant to successfully pass an inspection of his or her practice site; or(f) Take any combination of the actions in this subsection.(3) On the basis of material submitted by the applicant, the results of any inspection or investigation by the department, and the completion of any requirements imposed under subsection (2) of this section, the board shall (a) deny the application for reinstatement or (b) recommend to the department (i) full reinstatement of the credential, (ii) modification of the suspension or limitation, or (iii) reinstatement of the credential subject to limitations or subject to probation with terms and conditions.(4) The decision of the board shall become final thirty days after mailing the decision to the applicant unless the applicant requests a hearing within such thirty-day period. If the applicant requests a hearing before the board, the department shall mail notice of the date, time, and location of the hearing to the applicant at least thirty days prior to the hearing. If the applicant has been afforded a hearing or an opportunity for a hearing on an application for reinstatement within two years prior to filing the current application, the department may grant or deny such application without another hearing before the board. The affirmative vote of a majority of the members of the board shall be necessary to recommend reinstatement of a credential with or without terms, conditions, or restrictions.(5)(a) The department may only consider applications for reinstatement with an affirmative recommendation of the appropriate board. If the board recommends (i) full reinstatement of the credential, (ii) modification of the suspension or limitation, or (iii) reinstatement of the credential subject to limitations or subject to probation with terms and conditions, the board's recommendation shall be sent to the applicant by certified mail and forwarded to the director for a decision.(b) The director shall receive (i) the written recommendation of the board, including any finding of fact or order of the board, (ii) the application for reinstatement, (iii) the record of hearing if any, and (iv) any pleadings, motions, requests, preliminary or intermediate rulings and orders, and similar correspondence to or from the board and the applicant.(c) The director shall then review the application and other documents and may affirm the recommendation of the board and grant reinstatement or may reverse or modify the recommendation if the board's recommendation is (i) in excess of statutory authority, (ii) made upon unlawful procedure, (iii) unsupported by competent, material, and substantial evidence in view of the entire record, or (iv) arbitrary or capricious.(6) The director's decision may be appealed by any party to the decision. The appeal shall be in accordance with the Administrative Procedure Act.(7) Denial by a board of an application for reinstatement may be appealed. The appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1976, LB 877,  11;  Laws 1986, LB 286,  59;  Laws 1986, LB 579,  51;  Laws 1990, LB 1064,  8;  Laws 1994, LB 1210,  39;  Laws 1996, LB 1044,  390;   R.S.1943, (2003),  71-161.06;  Laws 2007, LB296,  312;  Laws 2007, LB463,  49. Cross References  Administrative Procedure Act, see section 84-920.
38-150.  Application for reinstatement of credential for profession without board; department; procedure; hearing; when allowed; appeal.(1) Upon receipt of an application for reinstatement of a credential in a profession that does not have a board, the application shall be considered by the department.(2) The department may:(a) Conduct an investigation to determine if the applicant has committed acts or offenses prohibited by section 38-178;(b) Require the applicant to submit to a complete diagnostic examination by one or more physicians or other qualified professionals appointed by the department, the applicant being free also to consult a physician or physicians or other professionals of his or her own choice for an evaluation or diagnostic examination and to make available a report or reports thereof to the department;(c) Require the applicant to pass a written, oral, or practical examination or any combination of such examinations;(d) Require the applicant to successfully complete additional education;(e) Require the applicant, if a business, to successfully complete an inspection; or(f) Take any combination of the actions in this subsection.(3) On the basis of material submitted by the applicant, the results of any inspection or investigation by the department, and the completion of any requirements imposed under subsection (2) of this section, the department shall (a) deny the application for reinstatement, (b) grant the application for reinstatement, (c) modify the probation, suspension, or limitation, or (d) reinstate the credential subject to limitations or subject to probation with terms and conditions.(4) The decision of the department shall become final thirty days after mailing the decision to the applicant unless the applicant requests a hearing within such thirty-day period. If the applicant requests a hearing, the department shall mail notice of the date, time, and location of the hearing to the applicant at least thirty days prior to the hearing. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Any party to the decision shall have a right to appeal. Such appeal shall be in accordance with the Administrative Procedure Act.(5) If the applicant has been afforded a hearing or an opportunity for a hearing on an application for reinstatement within two years prior to filing the current application, the department may grant or deny such application without another hearing.Source Laws 2007, LB463,  50. Cross References  Administrative Procedure Act, see section 84-920.
38-1501.  Act, how cited.Sections 38-1501 to 38-1518 shall be known and may be cited as the Hearing Instrument Specialists Practice Act.Source  Laws 2007, LB463,  565;  Laws 2009, LB195,  19. 
38-1502.  Definitions, where found.For purposes of the Hearing Instrument Specialists Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1503 to 38-1507 apply.Source   Laws 1969, c. 767,  1, p. 2903;  Laws 1986, LB 701,  1;  Laws 1987, LB 473,  50;  Laws 1988, LB 1100,  148;  Laws 1996, LB 1044,  681;   R.S.1943, (2003),  71-4701;  Laws 2007, LB296,  589;  Laws 2007, LB463,  566;  Laws 2009, LB195,  20. 
38-1503.  Board, defined.Board means the Board of Hearing Instrument Specialists.Source  Laws 2007, LB463,  567;  Laws 2009, LB195,  21. 
38-1504.  Hearing instrument, defined.Hearing instrument means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories, including earmold, but excluding batteries and cords.Source  Laws 2007, LB463,  568;  Laws 2009, LB195,  22. 
38-1505.  Practice of fitting hearing instruments, defined.Practice of fitting hearing instruments means the measurement of human hearing by means of an audiometer or by other means approved by the board solely for the purpose of making selections, adaptations, or sale of hearing instruments. The term also includes the making of impressions for earmolds. A dispenser, at the request of a physician or a member of related professions, may make audiograms for the professional's use in consultation with the hard-of-hearing.Source  Laws 2007, LB463,  569;  Laws 2009, LB195,  23. 
38-1506.  Sell, sale, or dispense, defined.Sell, sale, or dispense means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding (1) wholesale transactions with distributors or dispensers and (2) distribution of hearing instruments by nonprofit service organizations at no cost to the recipient for the hearing instrument.Source  Laws 2007, LB463,  570;  Laws 2009, LB195,  24. 
38-1507.  Temporary training license, defined.Temporary training license means a hearing instrument specialist license issued while the applicant is in training to become a licensed hearing instrument specialist.Source  Laws 2007, LB463,  571;  Laws 2009, LB195,  25;  Laws 2017, LB88,  52.  
38-1508.  Board membership; qualifications.The board shall consist of five professional members and one public member appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165. The professional members shall consist of three licensed hearing instrument specialists, one otolaryngologist, and one audiologist until one licensed hearing instrument specialist vacates his or her office or his or her term expires, whichever occurs first, at which time the professional members of the board shall consist of three licensed hearing instrument specialists, at least one of whom does not hold a license as an audiologist, one otolaryngologist, and one audiologist. At the expiration of the four-year terms of the members serving on December 1, 2008, successors shall be appointed for five-year terms.Source   Laws 1969, c. 767,  15, p. 2914;  Laws 1981, LB 204,  130;  Laws 1986, LB 701,  12;  Laws 1988, LB 1100,  160;   Laws 1992, LB 1019,  81;  Laws 1993, LB 375,  6;  Laws 1994, LB 1223,  52;  Laws 1999, LB 828,  173;   R.S.1943, (2003),  71-4715;  Laws 2007, LB463,  572;  Laws 2009, LB195,  26. 
38-1509.  Sale or fitting of hearing instruments; license required; exceptions.(1) Except as otherwise provided in this section, no person shall engage in the sale of or practice of fitting hearing instruments or display a sign or in any other way advertise or represent himself or herself as a person who practices the fitting and sale or dispensing of hearing instruments unless he or she holds an unsuspended, unrevoked hearing instrument specialist license issued by the department as provided in the Hearing Instrument Specialists Practice Act. A hearing instrument specialist license shall confer upon the holder the right to select, fit, and sell hearing instruments. A person holding a license issued under the act prior to August 30, 2009, may continue to practice under such license until it expires under the terms of the license.(2) A licensed audiologist who maintains a practice pursuant to (a) licensure as an audiologist, or (b) a privilege to practice audiology under the Audiology and Speech-Language Pathology Interstate Compact, in which hearing instruments are regularly dispensed, or who intends to maintain such a practice, shall be exempt from the requirement to be licensed as a hearing instrument specialist.(3) Nothing in the act shall prohibit a corporation, partnership, limited liability company, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing instruments at retail without a license if it employs only properly licensed natural persons in the direct sale and fitting of such products.(4) Nothing in the act shall prohibit the holder of a hearing instrument specialist license from the fitting and sale of wearable instruments or devices designed for or offered for the purpose of conservation or protection of hearing.Source   Laws 1969, c. 767,  2, p. 2904;  Laws 1986, LB 701,  2;  Laws 1988, LB 1100,  149;   Laws 1992, LB 1019,  79;   Laws 1993, LB 121,  438;   R.S.1943, (2003),  71-4702;  Laws 2007, LB247,  52;  Laws 2007, LB247,  70;  Laws 2007, LB463,  573;  Laws 2009, LB195,  27;  Laws 2017, LB88,  53;  Laws 2021, LB14,  5.  Cross References  Audiology and Speech-Language Pathology Interstate Compact, see section 38-4101.
38-151.  Credentialing system; administrative costs; how paid; patient safety fee.(1) It is the intent of the Legislature that the revenue to cover the cost of the credentialing system administered by the department is to be derived from General Funds, cash funds, federal funds, gifts, grants, or fees from individuals or businesses seeking credentials except as otherwise provided in section 38-155. The credentialing system includes the totality of the credentialing infrastructure and the process of issuance and renewal of credentials, examinations, inspections, investigations, continuing competency, compliance assurance, the periodic review under section 38-128, and the activities conducted under the Nebraska Regulation of Health Professions Act, for individuals and businesses that provide health services, health-related services, and environmental services.(2) The department shall determine the cost of the credentialing system for such individuals and businesses by calculating the total of the base costs, the variable costs, and any adjustments as provided in sections 38-152 to 38-154.(3) When fees are to be established pursuant to section 38-155 for individuals or businesses, the department, with the recommendation of the appropriate board if applicable, shall base the fees on the cost of the credentialing system and shall include usual and customary cost increases, a reasonable reserve, and the cost of any new or additional credentialing activities. All such fees shall be used as provided in section 38-157.(4) In addition to the fees established under section 38-155, each applicant for the initial issuance and renewal of a credential to practice as a physician or an osteopathic physician under the Medicine and Surgery Practice Act shall pay a patient safety fee of fifty dollars and to practice as a physician assistant under the Medicine and Surgery Practice Act shall pay a patient safety fee of twenty dollars, which fee shall be collected biennially with the initial or renewal fee for the credential. Revenue from such fee shall be remitted to the State Treasurer for credit to the Patient Safety Cash Fund. The patient safety fee shall terminate on January 1, 2026, unless extended by the Legislature.Source   Laws 1927, c. 167,  61, p. 469;   C.S.1929,  71-701;   Laws 1935, c. 142,  34, p. 531;   Laws 1937, c. 157,  1, p. 615;   Laws 1941, c. 141,  1, p. 555;   C.S.Supp.,1941,  71-701;   Laws 1943, c. 150,  16, p. 545;   R.S.1943,  71-162;   Laws 1953, c. 238,  3, p. 825;   Laws 1955, c. 270,  2, p. 850;   Laws 1957, c. 292,  1, p. 1048;   Laws 1957, c. 298,  12, p. 1080;   Laws 1959, c. 318,  2, p. 1166;   Laws 1961, c. 337,  8, p. 1054;   Laws 1963, c. 409,  1, p. 1314;   Laws 1965, c. 412,  1, p. 1319;   Laws 1967, c. 438,  4, p. 1350;   Laws 1967, c. 439,  17, p. 1364;   Laws 1969, c. 560,  6, p. 2281;   Laws 1969, c. 562,  1, p. 2288;  Laws 1971, LB 300,  1;  Laws 1971, LB 587,  9;  Laws 1973, LB 515,  3;  Laws 1975, LB 92,  1;  Laws 1978, LB 689,  1;  Laws 1978, LB 406,  12;  Laws 1979, LB 4,  6;  Laws 1979, LB 428,  3;   Laws 1981, LB 451,  8;  Laws 1982, LB 263,  1;  Laws 1982, LB 448,  2;  Laws 1982, LB 449,  2;  Laws 1982, LB 450,  2;  Laws 1984, LB 481,  22;  Laws 1985, LB 129,  12;  Laws 1986, LB 277,  8;  Laws 1986, LB 286,  72;  Laws 1986, LB 579,  64;  Laws 1986, LB 926,  36;  Laws 1986, LB 355,  14;  Laws 1987, LB 473,  18;  Laws 1988, LB 1100,  26;  Laws 1988, LB 557,  20;  Laws 1989, LB 342,  12;  Laws 1990, LB 1064,  9;   Laws 1991, LB 703,  17;   Laws 1992, LB 1019,  39;  Laws 1993, LB 187,  7;  Laws 1993, LB 669,  12;  Laws 1994, LB 1210,  46;  Laws 1994, LB 1223,  9;  Laws 1995, LB 406,  18;  Laws 1997, LB 622,  80;  Laws 1999, LB 828,  54;  Laws 2001, LB 270,  7;  Laws 2003, LB 242,  23;  Laws 2004, LB 906,  2;  Laws 2004, LB 1005,  10;  Laws 2004, LB 1083,  113;  Laws 2006, LB 994,  81;   R.S.Supp.,2006,  71-162;  Laws 2007, LB236,  6;  Laws 2007, LB283,  1;  Laws 2007, LB463,  51;  Laws 2012, LB834,  1;  Laws 2019, LB25,  1;  Laws 2019, LB112,  8;  Laws 2021, LB148,  44.  Cross References   Fees of state boards, see sections 33-151 and 33-152.  Medicine and Surgery Practice Act, see section 38-2001.  Nebraska Regulation of Health Professions Act, see section 71-6201. 
38-1510.  Applicability of act.(1) The Hearing Instrument Specialists Practice Act is not intended to prevent any person from engaging in the practice of measuring human hearing for the purpose of selection of hearing instruments if such person or organization employing such person does not sell hearing instruments or the accessories thereto.(2) The act shall not apply to a person who is a physician licensed to practice in this state, except that such physician shall not delegate the authority to fit and dispense hearing instruments unless the person to whom the authority is delegated is licensed as a hearing instrument specialist under the act.Source   Laws 1969, c. 767,  4, p. 2905;  Laws 1986, LB 701,  4;  Laws 1988, LB 1100,  150;   R.S.1943, (2003),  71-4704;  Laws 2007, LB463,  574;  Laws 2009, LB195,  28. 
38-1511.  Sale; conditions.(1) Any person who practices the fitting and sale of hearing instruments shall deliver to each person supplied with a hearing instrument a receipt which shall contain the licensee's signature and show his or her business address and the number of his or her certificate, together with specifications as to the make and model of the hearing instrument furnished, and clearly stating the full terms of sale. If a hearing instrument which is not new is sold, the receipt and the container thereof shall be clearly marked as used or reconditioned, whichever is applicable, with terms of guarantee, if any.(2) Such receipt shall bear in no smaller type than the largest used in the body copy portion the following: The purchaser has been advised at the outset of his or her relationship with the hearing instrument specialist that any examination or representation made by a licensed hearing instrument specialist in connection with the fitting and selling of this hearing instrument is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefor must not be regarded as medical opinion or advice.Source   Laws 1969, c. 767,  3, p. 2905;  Laws 1986, LB 701,  3;   R.S.1943, (2003),  71-4703;  Laws 2007, LB463,  575;  Laws 2009, LB195,  29. 
38-1512.  License; examination; conditions.(1) Any person may obtain a hearing instrument specialist license under the Hearing Instrument Specialists Practice Act by successfully passing a qualifying examination if the applicant:(a) Is at least twenty-one years of age; and(b) Has an education equivalent to a four-year course in an accredited high school.(2) The qualifying examination shall consist of written and practical tests. The examination shall not be conducted in such a manner that college training is required in order to pass. Nothing in this examination shall imply that the applicant is required to possess the degree of medical competence normally expected of physicians.(3) The department shall give examinations approved by the board. A minimum of two examinations shall be offered each calendar year.Source   Laws 1969, c. 767,  7, p. 2907;  Laws 1986, LB 701,  6;  Laws 1987, LB 473,  53;  Laws 1988, LB 1100,  153;   R.S.1943, (2003),  71-4707;  Laws 2007, LB247,  53;  Laws 2007, LB247,  71;  Laws 2007, LB463,  576;  Laws 2009, LB195,  30;  Laws 2017, LB88,  54.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1513.  Temporary training license; issuance; supervision; renewal.(1) The department, with the recommendation of the board, shall issue a temporary training license to any person who has met the requirements for licensure as a hearing instrument specialist pursuant to subsection (1) of section 38-1512. Previous experience or a waiting period shall not be required to obtain a temporary training license.(2) Any person who desires a temporary training license shall make application to the department. The temporary training license shall be issued for a period of one year. A person holding a valid license as a hearing instrument specialist shall be responsible for the supervision and training of such applicant and shall maintain adequate personal contact with him or her.(3) If a person who holds a temporary training license under this section has not successfully passed the licensing examination within twelve months of the date of issuance of the temporary training license, the temporary training license may be renewed or reissued for a twelve-month period. In no case may a temporary training license be renewed or reissued more than once. A renewal or reissuance may take place any time after the expiration of the first twelve-month period.Source   Laws 1969, c. 767,  8, p. 2907;  Laws 1973, LB 515,  22;  Laws 1986, LB 701,  7;  Laws 1987, LB 473,  55;  Laws 1988, LB 1100,  154;   Laws 1991, LB 456,  36;  Laws 1997, LB 752,  185;  Laws 2003, LB 242,  125;   R.S.1943, (2003),  71-4708;  Laws 2007, LB463,  577;  Laws 2009, LB195,  31;  Laws 2017, LB88,  55.  
38-1514.  Qualifying examination; contents; purpose.The qualifying examination provided in section 38-1512 shall be designed to demonstrate the applicant's adequate technical qualifications by:(1) Tests of knowledge in the following areas as they pertain to the fitting and sale of hearing instruments:(a) Basic physics of sound;(b) The anatomy and physiology of the ear; and(c) The function of hearing instruments; and(2) Practical tests of proficiency in the following techniques as they pertain to the fitting of hearing instruments:(a) Pure tone audiometry, including air conduction testing and bone conduction testing;(b) Live voice or recorded voice speech audiometry;(c) Masking when indicated;(d) Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaptation of a hearing instrument; and(e) Taking earmold impressions.Source   Laws 1969, c. 767,  9, p. 2908;  Laws 1986, LB 701,  8;   R.S.1943, (2003),  71-4709;  Laws 2007, LB463,  578;  Laws 2009, LB195,  32. 
38-1515.  Applicant for licensure; continuing competency requirements.An applicant for licensure as a hearing instrument specialist who has met the education and examination requirements in section 38-1512, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.Source  Laws 2007, LB463,  579;  Laws 2009, LB195,  33. 
38-1516.  Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.(1) An applicant for licensure as a hearing instrument specialist who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  580;  Laws 2009, LB195,  34;  Laws 2017, LB88,  56.  
38-1517.  Licensee; disciplinary action; additional grounds.In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a credential issued under the Hearing Instrument Specialists Practice Act may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or credential holder is found guilty of any of the following acts or offenses:(1) Fitting and selling a hearing instrument to a child under the age of sixteen who has not been examined and cleared for hearing instrument use within a six-month period by an otolaryngologist without a signed waiver by the legal guardian. This subdivision shall not apply to the replacement with an identical model of any hearing instrument within one year of its purchase;(2) Any other condition or acts which violate the Trade Practice Rules for the Hearing Aid Industry of the Federal Trade Commission or the Food and Drug Administration; or(3) Violation of any provision of the Hearing Instrument Specialists Practice Act.Source   Laws 1969, c. 767,  12, p. 2909;  Laws 1986, LB 701,  10;  Laws 1988, LB 1100,  157;   Laws 1991, LB 456,  37;  Laws 1994, LB 1223,  51;   R.S.1943, (2003),  71-4712;  Laws 2007, LB463,  581;  Laws 2009, LB195,  35. 
38-1518.  Fees.The department shall establish and collect fees for credentialing activities under the Hearing Instrument Specialists Practice Act as provided in sections 38-151 to 38-157.Source  Laws 1988, LB 1100,  159;   Laws 1992, LB 1019,  80;  Laws 2003, LB 242,  127;   R.S.1943, (2003),  71-4714.01;  Laws 2007, LB463,  582;  Laws 2009, LB195,  36. 
38-152.  Base costs of credentialing.Base costs of credentialing are the costs that are common to all professions and businesses listed in section 38-121 and include the following:(1) Salaries and benefits for employees of the department who work with credentialing activities;(2) Shared operating costs for credentialing activities that are not specific to a particular profession or business such as indirect costs, rent, and utilities;(3) Costs related to compliance assurance, including investigative costs, contested case costs, and compliance monitoring;(4) Costs of the Licensee Assistance Program under section 38-175;(5) Capital costs, including office equipment and computer hardware or software, which are not specific to a particular profession or business; and(6) Other reasonable and necessary costs as determined by the department.Source  Laws 2003, LB 242,  24;   R.S.1943, (2003)  71-162.01;  Laws 2007, LB463,  52. 
38-153.  Variable costs of credentialing.Variable costs of credentialing are the costs that are unique to a specific profession or business listed in section 38-121 and include the following:(1) Per diems which are paid to members of the appropriate board;(2) Operating costs that are specific to a particular profession or business, including publications, conference registrations, and subscriptions;(3) Costs for travel by members of the appropriate board and employees of the department related to a particular profession or business, including car rental, gas, and mileage charges but not salaries;(4) Costs to operate and administer the Nebraska Center for Nursing, which costs shall be derived from credentialing fees of registered and practical nurses in accordance with section 71-1798.01; and(5) Other reasonable and necessary costs as determined by the appropriate board or the department.Source  Laws 2003, LB 242,  25;  Laws 2005, LB 243,  1;   R.S.1943, (2003),  71-162.02;  Laws 2007, LB463,  53. 
38-154.  Adjustments to the cost of credentialing.Adjustments to the cost of credentialing include, but are not limited to:(1) Revenue from sources that include, but are not limited to:(a) Interest earned on the Professional and Occupational Credentialing Cash Fund, if any;(b) Certification and verification of credentials;(c) Administrative fees;(d) Reinstatement fees;(e) General Funds and federal funds;(f) Fees for miscellaneous services, such as production of photocopies, lists, labels, and diskettes;(g) Gifts; and(h) Grants;(2) Transfers to other funds for costs related to the Nebraska Regulation of Health Professions Act and section 38-128; and(3) Costs associated with subsection (3) of section 38-155.Source  Laws 2003, LB 242,  26;   R.S.1943, (2003),  71-162.03;  Laws 2007, LB463,  54;  Laws 2019, LB112,  9.  Cross References  Nebraska Regulation of Health Professions Act, see section 71-6201.
38-155.  Credentialing fees; establishment and collection.(1) Subject to subsection (3) of this section, the department, with the recommendation of the appropriate board if applicable, shall adopt and promulgate rules and regulations to establish and collect the fees for the following credentials:(a) Initial credentials, which include, but are not limited to:(i) Licensure, certification, or registration;(ii) Add-on or specialty credentials;(iii) Temporary, provisional, or training credentials; and(iv) Supervisory or collaborative relationship credentials;(b) Applications to renew licenses, certifications, and registrations;(c) Approval of continuing education courses and other methods of continuing competency; and(d) Inspections and reinspections.(2) When a credential will expire within one hundred eighty days after its initial issuance date or its reinstatement date and the initial credentialing or renewal fee is twenty-five dollars or more, the department shall collect twenty-five dollars or one-fourth of the initial credentialing or renewal fee, whichever is greater, for the initial or reinstated credential. The initial or reinstated credential shall be valid until the next subsequent renewal date.(3) All fees for initial credentials under the Uniform Credentialing Act for low-income individuals, military families, and young workers shall be waived except the actual cost of the fingerprinting and criminal background check for an initial license under section 38-131.Source  Laws 2003, LB 242,  27;   R.S.1943, (2003),  71-162.04;  Laws 2007, LB463,  55;  Laws 2012, LB773,  1;  Laws 2019, LB112,  10;  Laws 2021, LB148,  45.  
38-156.  Administrative and other fees; amount.(1) The department shall retain a twenty-five-dollar administrative fee from each credentialing fee established under section 38-155 for a denied credential or a withdrawn application, except that (a) if the credentialing fee is less than twenty-five dollars, the fee shall be forfeited and (b) an examination fee shall not be returned.(2) The department shall collect fees for services as follows:(a) Ten dollars for a duplicate original or reissued credential;(b) Twenty-five dollars for certification of a credential pursuant to section 38-125;(c) Five dollars for verification of a credential pursuant to section 38-125; and(d) A reinstatement fee of thirty-five dollars in addition to the renewal fee to reinstate an expired or inactive credential for professions specified in section 38-121.Source  Laws 2003, LB 242,  28;   R.S.1943, (2003),  71-162.05;  Laws 2007, LB463,  56. 
38-157.  Professional and Occupational Credentialing Cash Fund; created; use; investment.(1) The Professional and Occupational Credentialing Cash Fund is created. Except as provided in section 71-17,113, the fund shall consist of all fees, gifts, grants, and other money, excluding fines and civil penalties, received or collected by the department under sections 38-151 to 38-156 and the Nebraska Regulation of Health Professions Act.(2) The department shall use the fund for the administration and enforcement of such laws regulating the individuals and businesses listed in section 38-121. Transfers may be made from the fund to the General Fund at the direction of the Legislature. The State Treasurer shall transfer any money in the Professional and Occupational Credentialing Cash Fund for licensing activities under the Water Well Standards and Contractors' Practice Act on July 1, 2021, to the Water Well Standards and Contractors' Licensing Fund.(3) Any money in the Professional and Occupational Credentialing Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1927, c. 167,  62, p. 471;   C.S.1929,  71-702;   R.S.1943,  71-163;  Laws 1986, LB 926,  37;  Laws 1988, LB 1100,  27;  Laws 1994, LB 1210,  47;  Laws 2003, LB 242,  30;  Laws 2005, LB 146,  10;   R.S.Supp.,2006,  71-163;  Laws 2007, LB463,  57;  Laws 2009, First Spec. Sess., LB3,  19;  Laws 2012, LB834,  2;  Laws 2021, LB148,  46.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska Regulation of Health Professions Act, see section 71-6201.  Nebraska State Funds Investment Act, see section 72-1260.  Water Well Standards and Contractors' Practice Act, see section 46-1201. 
38-158.  Boards; appointment; vacancy.(1) The State Board of Health shall appoint members to the boards designated in section 38-167 except the Board of Emergency Medical Services.(2) Any vacancy in the membership of a board caused by death, resignation, removal, or otherwise shall be filled for the unexpired term in the same manner as original appointments are made.Source   Laws 1927, c. 167,  11, p. 457;   C.S.1929,  71-301;   R.S.1943,  71-111;  Laws 1979, LB 427,  4;   Laws 1981, LB 451,  2;  Laws 1986, LB 286,  31;  Laws 1986, LB 579,  23;  Laws 1987, LB 473,  6;  Laws 1989, LB 342,  7;  Laws 1994, LB 1210,  17;  Laws 1999, LB 828,  13;  Laws 2001, LB 270,  4;  Laws 2002, LB 1021,  6;   R.S.1943, (2003),  71-111;  Laws 2007, LB463,  58;  Laws 2021, LB148,  47.  
38-159.  Board; application; professional member; state association or society recommendation.(1) Any person who desires to be considered for an appointment to a board appointed by the State Board of Health and who possesses the necessary qualifications for such appointment may apply in a manner specified by the State Board of Health. The State Board of Health shall consider such applications and may appoint any qualified person so applying to the appropriate board.(2) A state association or society, or its managing board, for each profession may submit to the State Board of Health a list of persons of recognized ability in such profession who have the qualifications prescribed for professional members of the board for that particular profession. If such a list is submitted, the State Board of Health shall consider the names on such list and may appoint one of the persons so named.Source   Laws 1927, c. 167,  17, p. 458;   C.S.1929,  71-307;   Laws 1939, c. 91,  3, p. 394;   C.S.Supp.,1941,  71-307;   R.S.1943,  71-117;  Laws 1979, LB 427,  8;  Laws 1992, LB 860,  1;  Laws 1999, LB 828,  21;   R.S.1943, (2003),  71-117;  Laws 2007, LB463,  59. 
38-160.  Board; member; removal; procedure; grounds.(1) The State Board of Health shall have power to remove from office at any time any member of a board for which it appoints the membership, after a public hearing pursuant to the Administrative Procedure Act, for physical or mental incapacity to carry out the duties of a board member, for continued neglect of duty, for incompetency, for acting beyond the individual member's scope of authority, for malfeasance in office, for not maintaining the qualifications established in sections 38-164 and 38-165, for any cause for which a credential in the profession or business involved may be suspended or revoked under section 38-178 or 38-179, or for a lack of a credential in the profession or business involved.(2) The State Board of Health shall have full access to such complaints or investigational records as necessary and appropriate in the discharge of its duties under subsection (1) of this section and section 38-158.Source   Laws 1927, c. 167,  18, p. 458;   C.S.1929,  71-308;   R.S.1943,  71-118;  Laws 1979, LB 427,  9;  Laws 1986, LB 286,  35;  Laws 1986, LB 579,  27;  Laws 1987, LB 473,  12;  Laws 1993, LB 187,  6;  Laws 1994, LB 1210,  20;  Laws 1999, LB 828,  22;   R.S.1943, (2003),  71-118;  Laws 2007, LB463,  60. Cross References  Administrative Procedure Act, see section 84-920.
38-161.  Boards; purpose; duties; advisory committees or bodies authorized.(1) The purpose of each board is to protect the health, safety, and welfare of the public as prescribed in the Uniform Credentialing Act.(2) The duties of each board include, but are not limited to, (a) setting the minimum standards of proficiency and competency in accordance with section 38-126, (b) providing recommendations in accordance with section 38-149, (c) providing recommendations related to the issuance or denial of credentials, disciplinary action, and changes in legislation, and (d) providing the department with recommendations on regulations to carry out the Uniform Credentialing Act in accordance with section 38-126.(3) Each board may appoint advisory committees or other advisory bodies as necessary for specific purposes. At least one board member shall serve on each advisory committee or body, and other members may be appointed from outside the board.Source  Laws 1982, LB 448,  3;  Laws 1987, LB 473,  7;  Laws 1999, LB 828,  16;   R.S.1943, (2003),  71-112.03;  Laws 2007, LB463,  61. 
38-162.  Boards; membership.Except as otherwise provided in the Uniform Credentialing Act:(1) Each board shall consist of four members;(2) Each board shall have at least one public member; and(3) If a board has eleven or more members, it shall have at least three public members.Source   Laws 1927, c. 167,  13, p. 457;   C.S.1929,  71-303;   Laws 1943, c. 150,  5, p. 540;   R.S.1943,  71-113;   Laws 1963, c. 408,  4, p. 1311;  Laws 1971, LB 587,  2;  Laws 1978, LB 406,  5;  Laws 1979, LB 427,  6;   Laws 1980, LB 94,  3;  Laws 1983, LB 476,  1;  Laws 1984, LB 481,  10;  Laws 1985, LB 129,  6;  Laws 1986, LB 277,  6;  Laws 1986, LB 286,  33;  Laws 1986, LB 579,  25;  Laws 1986, LB 355,  12;  Laws 1987, LB 473,  8;  Laws 1988, LB 1100,  9;  Laws 1988, LB 557,  17;  Laws 1993, LB 669,  7;  Laws 1994, LB 1223,  4;  Laws 1995, LB 406,  15;  Laws 1999, LB 828,  17;  Laws 2004, LB 1083,  108;  Laws 2006, LB 994,  80;   R.S.Supp.,2006,  71-113;  Laws 2007, LB463,  62. 
38-163.  Boards; members; term.(1) The members of each board shall be appointed for terms of five years except as otherwise provided in the Uniform Credentialing Act. No member shall be appointed for or serve for more than two consecutive full five-year terms except as otherwise specifically provided in the act.(2) The term of each member shall commence on the first day of December following the expiration of the term of the member whom such person succeeds except as otherwise provided in the act.Source   Laws 1943, c. 150,  8, p. 541;   R.S.1943,  71-116;   Laws 1957, c. 298,  10, p. 1079;   Laws 1963, c. 408,  5, p. 1311;  Laws 1971, LB 587,  4;  Laws 1978, LB 406,  7;  Laws 1979, LB 297,  3;  Laws 1979, LB 428,  2;   Laws 1981, LB 451,  4;  Laws 1983, LB 476,  2;  Laws 1984, LB 481,  12;  Laws 1985, LB 129,  8;  Laws 1986, LB 286,  34;  Laws 1986, LB 579,  26;  Laws 1986, LB 926,  7;  Laws 1987, LB 473,  11;  Laws 1988, LB 1100,  11;  Laws 1993, LB 669,  9;  Laws 1994, LB 1210,  19;  Laws 1994, LB 1223,  5;  Laws 1999, LB 828,  20;  Laws 2004, LB 1083,  110;   R.S.Supp.,2006,  71-116;  Laws 2007, LB463,  63. 
38-164.  Boards; professional members; qualifications.(1) A professional member of a board appointed under the Uniform Licensing Law prior to December 1, 2008, shall remain subject to the requirements of the original appointment until reappointed under the Uniform Credentialing Act. Except as otherwise provided in the Uniform Credentialing Act, every professional member of a board appointed on or after December 1, 2008, shall have held and maintained an active credential and be and have been actively engaged in the practice of his or her profession for a period of five years just preceding his or her appointment and shall maintain such credential and practice while serving as a board member. For purposes of this section, active practice means devoting a substantial portion of time to rendering professional services.(2) Each professional member of a board shall have been a resident of Nebraska for one year and shall remain a resident of Nebraska while serving as a board member.Source   Laws 1927, c. 167,  14, p. 458;   C.S.1929,  71-304;   Laws 1935, c. 142,  31, p. 530;   C.S.Supp.,1941,  71-304;   Laws 1943, c. 150,  6, p. 540;   R.S.1943,  71-114;   Laws 1957, c. 298,  9, p. 1078;  Laws 1978, LB 406,  6;  Laws 1979, LB 427,  7;  Laws 1984, LB 481,  11;  Laws 1985, LB 129,  7;  Laws 1986, LB 926,  5;  Laws 1987, LB 473,  9;  Laws 1988, LB 1100,  10;  Laws 1988, LB 557,  18;  Laws 1993, LB 669,  8;  Laws 1994, LB 1210,  18;  Laws 1995, LB 406,  16;  Laws 1999, LB 828,  18;  Laws 2004, LB 1083,  109;   R.S.Supp.,2006,  71-114;  Laws 2007, LB463,  64. 
38-165.  Boards; public members; qualifications.A public member of a board appointed under the Uniform Licensing Law prior to December 1, 2008, shall remain subject to the requirements of the original appointment until reappointed under the Uniform Credentialing Act. At the time of appointment and while serving as a board member, a public member appointed to a board on or after December 1, 2008, shall:(1) Have been a resident of this state for one year;(2) Remain a resident of Nebraska while serving as a board member;(3) Have attained the age of nineteen years;(4) Represent the interests and viewpoints of the public;(5) Not hold an active credential in any profession or business which is subject to the Uniform Credentialing Act, issued in Nebraska or in any other jurisdiction, at any time during the five years prior to appointment;(6) Not be eligible for appointment to a board which regulates a profession or business in which that person has ever held a credential;(7) Not be or not have been, at any time during the year prior to appointment, an employee of a member of a profession credentialed by the department, of a facility credentialed pursuant to the Health Care Facility Licensure Act, of a business credentialed pursuant to the Uniform Credentialing Act, or of a business regulated by the board to which the appointment is being made;(8) Not be the parent, child, spouse, or household member of any person presently regulated by the board to which the appointment is being made;(9) Have no material financial interest in the profession or business regulated by such board; and(10) Not be a member or employee of the legislative or judicial branch of state government.Source  Laws 2007, LB463,  65;  Laws 2014, LB132,  10. Cross References  Health Care Facility Licensure Act, see section 71-401.
38-166.  Initial board subject to act; additional qualifications for members.For professions coming within the scope of the Uniform Credentialing Act for the first time:(1) A professional member of a board shall not be required to have held and maintained an active credential for a period of five years just preceding his or her appointment. Members appointed during the first five years after a profession comes within the scope of the act shall be required to meet the minimum qualifications for credentialing and shall, insofar as possible, meet the requirements as to years of practice in this state otherwise provided by section 38-164;(2) All professional members appointed to an initial board shall be credentialed within six months after being appointed to the board or within six months after the date by which members of the profession are required to be credentialed, whichever is later. If for any reason a professional member is not credentialed within such time period, a new professional member shall be appointed to take his or her place;(3) Members shall be appointed to the initial board within thirty days after the effective or operative date, whichever is later, of the legislation providing for credentialing of the profession; and(4) The terms of the initial board members shall be as follows: One member shall hold office until December 1 of the third year following the year in which the legislation providing for credentialing of the profession became effective; two, including one public member, until December 1 of the fourth year; and two, including one public member, until December 1 of the fifth year.Source Laws 2007, LB463,  66. 
38-167.  Boards; designated; change in name; effect.(1) Boards shall be designated as follows:(a) Board of Advanced Practice Registered Nurses;(b) Board of Alcohol and Drug Counseling;(c) Board of Athletic Training;(d) Board of Audiology and Speech-Language Pathology;(e) Board of Chiropractic;(f) Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art;(g) Board of Dentistry;(h) Board of Emergency Medical Services;(i) Board of Registered Environmental Health Specialists;(j) Board of Funeral Directing and Embalming;(k) Board of Hearing Instrument Specialists;(l) Board of Massage Therapy;(m) Board of Medical Nutrition Therapy;(n) Board of Medical Radiography;(o) Board of Medicine and Surgery;(p) Board of Mental Health Practice;(q) Board of Nursing;(r) Board of Nursing Home Administration;(s) Board of Occupational Therapy Practice;(t) Board of Optometry;(u) Board of Pharmacy;(v) Board of Physical Therapy;(w) Board of Podiatry;(x) Board of Psychology;(y) Board of Respiratory Care Practice; and(z) Board of Veterinary Medicine and Surgery.(2) Any change made by the Legislature of the names of boards listed in this section shall not change the membership of such boards or affect the validity of any action taken by or the status of any action pending before any of such boards. Any such board newly named by the Legislature shall be the direct and only successor to the board as previously named.Source   Laws 1927, c. 167,  12, p. 457;   C.S.1929,  71-302;   Laws 1935, c. 142,  30, p. 530;   C.S.Supp.,1941,  71-302;   Laws 1943, c. 150,  4, p. 540;   R.S.1943,  71-112;   Laws 1957, c. 298,  8, p. 1078;   Laws 1961, c. 337,  6, p. 1053;  Laws 1978, LB 406,  4;  Laws 1979, LB 427,  5;   Laws 1981, LB 451,  3;  Laws 1984, LB 481,  9;  Laws 1985, LB 129,  5;  Laws 1986, LB 277,  5;  Laws 1986, LB 286,  32;  Laws 1986, LB 355,  11;  Laws 1986, LB 579,  24;  Laws 1988, LB 557,  16;  Laws 1988, LB 1100,  8;  Laws 1989, LB 342,  8;  Laws 1993, LB 187,  5;  Laws 1993, LB 669,  6;  Laws 1995, LB 406,  14;  Laws 1999, LB 828,  14;  Laws 2000, LB 833,  1;  Laws 2001, LB 270,  5;  Laws 2002, LB 1021,  7;  Laws 2004, LB 1083,  107;   R.S.Supp.,2006,  71-112;  Laws 2007, LB236,  5;  Laws 2007, LB463,  67;  Laws 2009, LB195,  7;  Laws 2021, LB148,  48.  
38-168.  Boards; conflict of interest.The department may establish definitions of conflicts of interest for members of the boards and may establish procedures in the case such a conflict arises. For purposes of this section, conflict of interest includes financial, professional, or personal obligations that may compromise or present the appearance of compromising the judgment of a member in the performance of his or her duties.Source  Laws 1982, LB 448,  5;  Laws 1987, LB 473,  10;  Laws 1999, LB 828,  19;   R.S.1943, (2003),  71-115.01;  Laws 2007, LB463,  68. 
38-169.  Board; organization.Each board shall organize annually at its first meeting subsequent to December 1 and shall select a chairperson, a vice-chairperson, and a secretary from its own membership.Source   Laws 1927, c. 167,  20, p. 459;   C.S.1929,  71-310;   R.S.1943,  71-120;  Laws 1999, LB 828,  24;   R.S.1943, (2003),  71-120;  Laws 2007, LB463,  69. 
38-170.  Board; business; how transacted.The department shall, as far as practicable, provide for the conducting of the business of the boards by mail and may hold meetings by virtual conferencing subject to the Open Meetings Act. Any official action or vote of the members of a board taken by mail shall be preserved in the records of the department and shall be recorded in the board's minutes by the department.Source   Laws 1927, c. 167,  21, p. 459;   C.S.1929,  71-311;   Laws 1943, c. 150,  9, p. 541;   R.S.1943,  71-121;  Laws 1978, LB 406,  8;  Laws 1979, LB 427,  11;  Laws 1985, LB 129,  9;  Laws 1986, LB 926,  8;  Laws 1988, LB 1100,  12;  Laws 1997, LB 307,  114;  Laws 1999, LB 828,  25;  Laws 2004, LB 821,  16;   R.S.Supp.,2006,  71-121;  Laws 2007, LB463,  70;  Laws 2021, LB83,  4.  Cross References  Open Meetings Act, see section 84-1407.
38-1701.  Act, how cited.Sections 38-1701 to 38-1725 shall be known and may be cited as the Massage Therapy Practice Act.Source  Laws 2007, LB463,  608;  Laws 2019, LB244,  1.  
38-1702.  Definitions, where found.For purposes of the Massage Therapy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1703 to 38-1707.01 apply.Source   Laws 1955, c. 273,  1, p. 861;  Laws 1987, LB 473,  42;   R.S.Supp.,1987,  71-2701;  Laws 1988, LB 1100,  132;  Laws 1990, LB 1064,  14;  Laws 1991, LB 10,  2;  Laws 1993, LB 48,  2;  Laws 1999, LB 828,  142;  Laws 2003, LB 242,  69;   R.S.1943, (2003),  71-1,278;  Laws 2007, LB463,  609;  Laws 2019, LB244,  2.  
38-1703.  Approved massage therapy school, defined.Approved massage therapy school means (1) one which is approved by the board, (2) one which requires for admission a diploma from an accredited high school or its equivalent, (3) one which has attached to its staff a regularly licensed physician and employs one or more competent massage therapists as instructors, and (4) one which has a minimum requirement of a continuous course of study and training of not less than one thousand hours distributed over a term of not less than nine months. Such study and training shall consist of one hundred hours of each of the following: Physiology; anatomy; massage; pathology; hydrotherapy; hygiene and practical demonstration; and health service management. The remaining three hundred hours shall be obtained in subject areas related to the clinical practice of massage therapy.Source Laws 2007, LB463,  610. 
38-1704.  Board, defined.Board means the Board of Massage Therapy.Source Laws 2007, LB463,  611. 
38-1705.  Massage therapist, defined.Massage therapist means a person licensed to practice massage therapy.Source Laws 2007, LB463,  612. 
38-1706.  Massage therapy, defined.Massage therapy means the physical, mechanical, or electrical manipulation of soft tissue for the therapeutic purposes of enhancing muscle relaxation, reducing stress, improving circulation, or instilling a greater sense of well-being and may include the use of oil, salt glows, heat lamps, and hydrotherapy. Massage therapy does not include diagnosis or treatment or use of procedures for which a license to practice medicine or surgery, chiropractic, or podiatry is required nor the use of microwave diathermy, shortwave diathermy, ultrasound, transcutaneous electrical nerve stimulation, electrical stimulation of over thirty-five volts, neurological hyperstimulation, or spinal and joint adjustments.Source Laws 2007, LB463,  613. 
38-1707.01.  Mobile massage therapy establishment, defined.Mobile massage therapy establishment means a self-contained, self-supporting, enclosed mobile unit licensed under the Massage Therapy Practice Act as a mobile site for the performance of the practices of massage therapy by persons licensed under the act.Source Laws 2019, LB244,  4. 
38-1707.  Massage therapy establishment, defined.Massage therapy establishment means any duly licensed place in which a massage therapist practices his or her profession of massage therapy. Massage therapy establishment includes a mobile massage therapy establishment.Source  Laws 2007, LB463,  614;  Laws 2019, LB244,  3.  
38-1708.  Massage therapy; persons excepted.The Massage Therapy Practice Act shall not be construed to include the following classes of persons:(1) Licensed physicians and surgeons, osteopathic physicians, chiropractors, registered nurses, practical nurses, cosmetologists, estheticians, nail technicians, physical therapists, barbers, and other persons credentialed under the Uniform Credentialing Act who are exclusively engaged in the practice of their respective professions;(2) Physicians who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;(3) Students performing massage therapy services when they render such services within the scope of an approved massage therapy school under the supervision of a licensed massage therapist; and(4) Individuals who hold a current license as a massage therapist in another state and who travel with and provide massage therapy services to theatrical groups, entertainers, or athletic organizations.Source   Laws 1955, c. 273,  2, p. 862;   Laws 1957, c. 297,  1, p. 1070;   R.S.1943, (1986),  71-2702;  Laws 1988, LB 1100,  133;  Laws 1989, LB 342,  28;  Laws 1990, LB 1064,  15;   R.S.1943, (2003),  71-1,279;  Laws 2007, LB463,  615. 
38-1709.  School or establishment; massage therapist; license required.No person shall engage in the practice of massage therapy or the operation of a massage therapy school or establishment unless he or she obtains a license from the department for that purpose.Source   Laws 1955, c. 273,  11, p. 866;   Laws 1957, c. 297,  7, p. 1073;   R.S.1943, (1986),  71-2712;  Laws 1988, LB 1100,  137;  Laws 2002, LB 1021,  31;   R.S.1943, (2003),  71-1,280;  Laws 2007, LB463,  616. 
38-171.  Board; advisory committee or body; compensation; limitation; expenses.Each member of a board shall, in addition to necessary traveling and lodging expenses, receive a per diem for each day actually engaged in the discharge of his or her duties, including compensation for the time spent in traveling to and from the place of conducting business. Traveling and lodging expenses shall be on the same basis as provided in sections 81-1174 to 81-1177. The compensation per day shall not exceed fifty dollars and shall be determined by each board with the approval of the department. Persons serving on an advisory committee or body under section 38-161 shall receive remuneration of expenses as provided in sections 81-1174 to 81-1177, including compensation for time spent in traveling to and from the place of conducting business, and a per diem of fifty dollars.Source   Laws 1927, c. 167,  22, p. 459;   Laws 1929, c. 161,  1, p. 556;   C.S.1929,  71-312;   Laws 1935, c. 142,  32, p. 531;   C.S.Supp.,1941,  71-312;   R.S.1943,  71-122;   Laws 1955, c. 270,  1, p. 849;   Laws 1957, c. 298,  11, p. 1079;   Laws 1959, c. 318,  1, p. 1165;   Laws 1961, c. 337,  7, p. 1053;   Laws 1965, c. 410,  1, p. 1315;   Laws 1967, c. 438,  1, p. 1347;   Laws 1967, c. 439,  16, p. 1364;   Laws 1969, c. 561,  1, p. 2287;  Laws 1971, LB 587,  5;  Laws 1972, LB 1385,  1;  Laws 1978, LB 406,  9;  Laws 1979, LB 427,  12;   Laws 1981, LB 451,  5;  Laws 1981, LB 204,  108;  Laws 1984, LB 481,  13;  Laws 1985, LB 129,  10;  Laws 1986, LB 926,  10;  Laws 1999, LB 828,  27;  Laws 2003, LB 242,  17;   R.S.1943, (2003),  71-122;  Laws 2007, LB463,  71. 
38-1710.  Massage therapy license; applicant; qualifications.Every applicant for an initial license to practice massage therapy shall (1) present satisfactory evidence that he or she has attained the age of nineteen years, (2) present proof of graduation from an approved massage therapy school, and (3) pass an examination prescribed by the board.Source   Laws 1955, c. 273,  5, p. 863;   Laws 1957, c. 297,  3, p. 1071;  Laws 1973, LB 512,  1;   R.S.1943, (1986),  71-2705;  Laws 1988, LB 1100,  135;  Laws 1999, LB 828,  143;   R.S.1943, (2003),  71-1,281;  Laws 2007, LB463,  617. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1711.  Massage therapy; temporary license; requirements; applicability of section.(1) A temporary license to practice massage therapy may be granted to any person who meets all the requirements for a license except passage of the licensure examination required by section 38-1710. A temporary licensee shall be supervised in his or her practice by a licensed massage therapist. A temporary license shall be valid for sixty days or until the temporary licensee takes the examination, whichever occurs first. In the event a temporary licensee fails the examination required by such section, the temporary license shall be null and void, except that the department, with the recommendation of the board, may extend the temporary license upon a showing of good cause why such license should be extended. A temporary license may not be extended beyond six months. A temporary license shall not be issued to any person failing the examination if such person did not hold a valid temporary license prior to his or her failure to pass the examination.(2) This section shall not apply to a temporary license issued as provided under section 38-129.01.Source  Laws 1993, LB 48,  3;  Laws 1999, LB 828,  144;  Laws 2003, LB 242,  70;   R.S.1943, (2003),  71-1,281.01;  Laws 2007, LB463,  618;  Laws 2017, LB88,  57.  
38-1712.  Reciprocity; military spouse; temporary license.The department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to an individual who meets the requirements of the Massage Therapy Practice Act or substantially equivalent requirements as determined by the department, with the recommendation of the board. An applicant for a license to practice under the act who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  619;  Laws 2017, LB88,  58.  
38-1713.  Fees.The department shall establish and collect fees for credentialing under the Massage Therapy Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  620. 
38-1714.  Unprofessional conduct.For purposes of the Massage Therapy Practice Act, unprofessional conduct includes the conduct listed in section 38-179 and the provision by a massage therapist of sexual stimulation as part of massage therapy.Source Laws 2007, LB463,  621. 
38-1715.  Transferred to section 38-1725.
38-1716.  Massage therapy establishment; license required.No person shall operate or profess or attempt to operate a massage therapy establishment unless such establishment is licensed by the department under the Massage Therapy Practice Act. The department shall not issue or renew a license for a massage therapy establishment until all requirements of the act have been complied with. No person shall engage in any of the practices of massage therapy in any location or premises other than a licensed massage therapy establishment except as specifically permitted in the act.Source Laws 2019, LB244,  5. 
38-1717.  Mobile massage therapy establishment; applicant; requirements.In order to be licensed as a mobile massage therapy establishment by the department, an applicant shall meet the following requirements:(1) The proposed establishment is a self-contained, self-supporting, enclosed mobile unit;(2) The establishment has an automobile insurance liability policy which meets the requirements of the department for the mobile unit;(3) The establishment is clearly identified as such to the public by a sign placed on the outside of the establishment which includes the establishment's license number;(4) The establishment complies with the sanitary requirements of the Massage Therapy Practice Act and the rules and regulations adopted and promulgated by the department under the act;(5) The entrance into the proposed establishment used by the general public provides safe access by the public;(6) The proposed establishment has at least forty-four square feet of floor space. If more than one practitioner is to be employed in the establishment at the same time, the establishment shall contain an additional space of at least fifty square feet for each additional practitioner; and(7) The proposed establishment includes a functional sink and toilet facilities and maintains an adequate supply of clean water and wastewater storage capacity.Source Laws 2019, LB244,  6. 
38-1718.  Mobile massage therapy establishment; application; floor plan or blueprint.Any person seeking a license to operate a mobile massage therapy establishment shall submit a completed application to the department, and along with the application, the applicant shall submit a detailed floor plan or blueprint of the proposed establishment sufficient to demonstrate compliance with the requirements of section 38-1717.Source Laws 2019, LB244,  7. 
38-1719.  Mobile massage therapy establishment; application; review; denial; inspection; issuance of permanent license.Each application for a license to operate a mobile massage therapy establishment shall be reviewed by the department for compliance with the requirements of the Massage Therapy Practice Act and the rules and regulations adopted and promulgated by the department under the act. If an application is denied, the applicant shall be informed in writing of the grounds for denial, and such denial shall not prejudice future applications by the applicant. If an application is approved, the department shall issue the applicant a certificate of consideration to operate a mobile massage therapy establishment. The department shall conduct an operation inspection of each establishment issued a certificate of consideration within six months after the issuance of such certificate. An establishment which passes the inspection shall be issued a permanent license. An establishment which fails the inspection shall submit within fifteen days evidence of corrective action taken to improve those aspects of operation found deficient. If evidence is not submitted within fifteen days or if after a second inspection the establishment does not receive a satisfactory rating, it shall immediately relinquish its certificate of consideration and cease operation.Source Laws 2019, LB244,  8. 
38-172.  Board; national organization or related meetings; attendance.Each board may select one or more of its members to attend the annual meeting of the national organization of state boards of such profession or other related meetings. Any member so selected shall receive his or her necessary traveling and lodging expenses in attending such meetings on the same basis as provided in sections 81-1174 to 81-1177.Source   Laws 1927, c. 167,  24, p. 460;   C.S.1929,  71-314;   R.S.1943,  71-124;  Laws 1971, LB 587,  7;  Laws 1981, LB 204,  110;  Laws 1986, LB 926,  12;  Laws 1999, LB 828,  29;   R.S.1943, (2003),  71-124;  Laws 2007, LB463,  72. 
38-1720.  Mobile massage therapy establishment; operation; requirements.In order to maintain its license in good standing, each mobile massage therapy establishment shall operate in accordance with the following requirements:(1) The establishment shall at all times comply with all applicable provisions of the Massage Therapy Practice Act and all rules and regulations adopted and promulgated under the act;(2) The establishment owner or his or her agent shall notify the department of any change of ownership, name, or office address and if an establishment is permanently closed;(3) No establishment shall permit any unlicensed person to perform any of the practices of massage therapy within its confines or employment;(4) The establishment shall display a name upon, over, or near the entrance door distinguishing it as a mobile massage therapy establishment;(5) The establishment shall permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during the normal operating hours of the establishment, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas of the establishment, all personnel, and all records requested by the inspector;(6) The establishment shall display in a conspicuous place the following records:(a) The current license or certificate of consideration to operate an establishment;(b) The current licenses of all persons licensed under the act who are employed by or working in the establishment; and(c) The rating sheet from the most recent operation inspection;(7) At no time shall an establishment employ more employees than permitted by the square footage requirements of the Massage Therapy Practice Act;(8) No massage therapy services may be performed in an establishment while the establishment is moving. The establishment must be safely and legally parked in a legal parking space at all times while clients are present inside the establishment. An establishment shall not park or conduct business within three hundred feet of another brick and mortar licensed massage therapy establishment. The department is not responsible for monitoring for enforcement of this subdivision but may discipline a license for a reported and verified violation;(9) The owner of the establishment shall maintain a permanent business address at which correspondence from the department may be received and records of appointments, license numbers, and vehicle identification numbers shall be kept for each establishment being operated by the owner. The owner shall make such records available for verification and inspection by the department; and(10) The establishment shall not knowingly permit its employees or clients to use, consume, serve, or in any manner possess or distribute intoxicating beverages or controlled substances upon its premises.Source Laws 2019, LB244,  9. 
38-1721.  Mobile massage therapy establishment license; renewal; procedure; insurance.The procedure for renewing a mobile massage therapy establishment license shall be in accordance with section 38-143, except that in addition to all other requirements, the establishment shall submit evidence of minimal property damage, bodily injury, and liability insurance coverage for the establishment and evidence of coverage which meets the requirements of the Motor Vehicle Registration Act for the establishment.Source Laws 2019, LB244,  10. Cross References  Motor Vehicle Registration Act, see section 60-301.
38-1722.  Mobile massage therapy establishment license revoked or expired; not reinstated.The license of a mobile massage therapy establishment that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such establishment may reopen for business.Source Laws 2019, LB244,  11. 
38-1723.  Mobile massage therapy establishment license; change of ownership or mobile unit; effect.Each mobile massage therapy establishment license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and approved before such establishment may reopen for business.Source Laws 2019, LB244,  12. 
38-1724.  Mobile massage therapy establishment; owner; duties.The owner of each mobile massage therapy establishment shall have full responsibility for ensuring that the establishment is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the establishment.Source Laws 2019, LB244,  13. 
38-1725.  Rules and regulations.The department may adopt and promulgate rules and regulations as it may deem necessary with reference to the conditions under which the practice of massage therapy shall be carried on and the precautions necessary to be employed to prevent the spread of infectious and contagious diseases, other than the practice of massage in mobile massage therapy establishments. The department may, if it deems necessary, adopt and promulgate rules and regulations related to mobile massage therapy establishments. The department shall have the power to enforce the Massage Therapy Practice Act and all necessary inspections in connection therewith.Source  Laws 2007, LB463,  622;   R.S.1943, (2016),  38-1715;  Laws 2019, LB244,  14.  
38-173.  Board; liability; exemption; when.No member of a board, no expert retained by the department, and no member of a profession who provides consultation to or testimony for the department shall be liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or otherwise for any action taken or recommendation made within the scope of the functions of such board or expert or the consultation or testimony given by such person, if such board member, expert, or person acts without malice and in the reasonable belief that such action, recommendation, consultation, or testimony is warranted by the facts known to him or her after a reasonable effort is made to obtain the facts on which such action is taken, recommendation is made, or consultation or testimony is provided.Source   Laws 1976, LB 877,  24;  Laws 1986, LB 286,  71;  Laws 1986, LB 579,  63;  Laws 1996, LB 1044,  398;  Laws 1999, LB 828,  52;   R.S.1943, (2003),  71-161.19;  Laws 2007, LB463,  73. 
38-174.  Department; responsibilities; costs; how paid.The department shall be responsible for the general administration of the activities of each of the boards. The cost of operation and administration of the boards shall be paid from the General Fund and the Professional and Occupational Credentialing Cash Fund.Source  Laws 1972, LB 1385,  3;   Laws 1980, LB 958,  1;   Laws 1980, LB 847,  1;  Laws 1986, LB 926,  9;  Laws 1991, LB 10,  1;  Laws 1997, LB 307,  115;  Laws 1999, LB 828,  26;  Laws 2003, LB 242,  16;  Laws 2005, LB 256,  20;   R.S.Supp.,2006,  71-121.01;  Laws 2007, LB296,  300;  Laws 2007, LB463,  74. 
38-175.  Licensee Assistance Program; authorized; participation; immunity from liability; confidentiality; referral; limitation.(1) The department may contract to provide a Licensee Assistance Program to credential holders regulated by the department. The program shall be limited to providing education, referral assistance, and monitoring of compliance with treatment for abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance and shall be limited to voluntary participation by credential holders.(2)(a) Participation in the program shall be confidential, except that if any evaluation by the program determines that the abuse, dependence, or active addiction may be of a nature which constitutes a danger to the public health and safety by the person's continued practice or if the person fails to comply with any term or condition of a treatment plan, the program shall report the same to the director.(b) Participation in the program shall not preclude the investigation of alleged statutory violations which could result in disciplinary action against the person's credential or criminal action against the person.(3) Any report from any person or from the program to the department indicating that a credential holder is suffering from abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance that impairs the ability to practice the profession shall be treated as a complaint against such credential and shall subject such credential holder to discipline under sections 38-186 to 38-1,100.(4) No person who makes such a report to the program or from the program to the department shall be liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or other criminal or civil action of any nature, whether direct or derivative, for making such report or providing information to the program or department in accordance with this section. The identity of any person making such a report or providing information leading to the making of a report shall be confidential.(5) Any person who contacts the department for information on or assistance in obtaining referral or treatment of himself or herself or any other person credentialed by the department for abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance that impairs the ability to practice the profession shall be referred to the program. Such inquiries shall not be used by the department as the basis for investigation for disciplinary action, except that such limitation shall not apply to complaints or any other reports or inquiries made to the department concerning persons who may be suffering from abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance that impairs the ability to practice the profession or when a complaint has been filed or an investigation or disciplinary or other administrative proceeding is in process.Source   Laws 1991, LB 456,  8;  Laws 1994, LB 1223,  13;  Laws 1996, LB 1044,  403;  Laws 1997, LB 307,  121;  Laws 2001, LB 398,  25;  Laws 2003, LB 242,  31;   R.S.1943, (2003),  71-172.01;  Laws 2007, LB296,  322;  Laws 2007, LB463,  75;  Laws 2016, LB750,  3.  
38-176.  Director; jurisdiction of proceedings; grounds for denial of credential.(1) The director shall have jurisdiction of proceedings (a) to deny the issuance of a credential, (b) to refuse renewal of a credential, and (c) to discipline a credential holder.(2) Except as otherwise provided in section 38-1,119, if an applicant for an initial credential or for renewal of a credential to practice a profession does not meet all of the requirements for the credential, the department shall deny issuance or renewal of the credential.Source Laws 2007, LB463,  76. 
38-177.  Disciplinary actions; terms, defined.For purposes of sections 38-178, 38-179, and 38-184:(1) Confidential information means information protected as privileged under applicable law;(2) Conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere or non vult contendere made to a formal criminal charge or a judicial finding of guilt irrespective of the pronouncement of judgment or the suspension thereof and includes instances in which the imposition or the execution of sentence is suspended following a judicial finding of guilt and the defendant is placed on probation; and(3) Pattern of incompetent or negligent conduct means a continued course of incompetent or negligent conduct in performing the duties of the profession.Source   Laws 1976, LB 877,  6;  Laws 1978, LB 748,  36;  Laws 1986, LB 318,  142;  Laws 1988, LB 693,  1;  Laws 1988, LB 1100,  21;   R.S.1943, (2003),  71-161.01;  Laws 2007, LB463,  77. 
38-178.  Disciplinary actions; grounds.Except as otherwise provided in sections 38-1,119 to 38-1,123, a credential to practice a profession may be denied, refused renewal, or have other disciplinary measures taken against it in accordance with section 38-185 or 38-186 on any of the following grounds:(1) Misrepresentation of material facts in procuring or attempting to procure a credential;(2) Immoral or dishonorable conduct evidencing unfitness to practice the profession in this state;(3) Abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance;(4) Failure to comply with a treatment program or an aftercare program, including, but not limited to, a program entered into under the Licensee Assistance Program established pursuant to section 38-175;(5) Conviction of (a) a misdemeanor or felony under Nebraska law or federal law, or (b) a crime in any jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony under Nebraska law and which has a rational connection with the fitness or capacity of the applicant or credential holder to practice the profession;(6) Practice of the profession (a) fraudulently, (b) beyond its authorized scope, (c) with gross incompetence or gross negligence, or (d) in a pattern of incompetent or negligent conduct;(7) Practice of the profession while the ability to practice is impaired by alcohol, controlled substances, drugs, mind-altering substances, physical disability, mental disability, or emotional disability;(8) Physical or mental incapacity to practice the profession as evidenced by a legal judgment or a determination by other lawful means;(9) Illness, deterioration, or disability that impairs the ability to practice the profession;(10) Permitting, aiding, or abetting the practice of a profession or the performance of activities requiring a credential by a person not credentialed to do so;(11) Performing or offering to perform scleral tattooing as defined in section 38-10,172 by a person not credentialed to do so;(12) Having had his or her credential denied, refused renewal, limited, suspended, revoked, or disciplined in any manner similar to section 38-196 by another state or jurisdiction based upon acts by the applicant or credential holder similar to acts described in this section;(13) Use of untruthful, deceptive, or misleading statements in advertisements, including failure to comply with section 38-124;(14) Conviction of fraudulent or misleading advertising or conviction of a violation of the Uniform Deceptive Trade Practices Act;(15) Distribution of intoxicating liquors, controlled substances, or drugs for any other than lawful purposes;(16) Violations of the Uniform Credentialing Act or the rules and regulations relating to the particular profession;(17) Unlawful invasion of the field of practice of any profession regulated by the Uniform Credentialing Act which the credential holder is not credentialed to practice;(18) Violation of the Uniform Controlled Substances Act or any rules and regulations adopted pursuant to the act;(19) Failure to file a report required by section 38-1,124, 38-1,125, or 71-552;(20) Failure to maintain the requirements necessary to obtain a credential;(21) Violation of an order issued by the department;(22) Violation of an assurance of compliance entered into under section 38-1,108;(23) Failure to pay an administrative penalty;(24) Unprofessional conduct as defined in section 38-179;(25) Violation of the Automated Medication Systems Act; or(26) Failure to comply with section 38-1,147.Source   Laws 1927, c. 167,  46, p. 466;   C.S.1929,  71-601;   Laws 1943, c. 150,  10, p. 541;   R.S.1943,  71-147;   Laws 1976, LB 877,  1;  Laws 1979, LB 95,  1;  Laws 1986, LB 286,  45;  Laws 1986, LB 579,  37;  Laws 1986, LB 926,  24;  Laws 1987, LB 473,  15;  Laws 1988, LB 1100,  16;   Laws 1991, LB 456,  7;   Laws 1992, LB 1019,  37;  Laws 1993, LB 536,  44;  Laws 1994, LB 1210,  25;  Laws 1994, LB 1223,  6;  Laws 1997, LB 622,  79;  Laws 1999, LB 366,  8;  Laws 2001, LB 398,  20;  Laws 2005, LB 301,  9;   R.S.Supp.,2006,  71-147;  Laws 2007, LB463,  78;  Laws 2008, LB308,  10;  Laws 2011, LB591,  2;  Laws 2015, LB452,  2;  Laws 2019, LB449,  1;  Laws 2022, LB752,  8.   Effective Date: July 21, 2022  Cross References   Automated Medication Systems Act, see section 71-2444.  Uniform Controlled Substances Act, see section 28-401.01.  Uniform Deceptive Trade Practices Act, see section 87-306. Annotations  "Grossly immoral" and "dishonorable" conduct under subdivision (2) of this section contemplates conduct that shows that a person guilty of it either is intellectually or morally incompetent to practice the profession or morally incompetent to practice the profession or has committed an act or acts of a nature likely to jeopardize the interest of the public; it does not authorize revocation for trivial reasons or for a mere breach of the generally accepted ethics of the profession. Poor v. State, 266 Neb. 183, 663 N.W.2d 109 (2003). Pursuant to subsection (5)(d) of this section (subdivision (6)(d) of section 38-178), a district court is correct in concluding that a record lacks the quantum of evidence necessary to support a reasonable inference that a physician was grossly incompetent in treatment of a patient when: Experts testified that they would have found other procedures preferable, assessed the situation more thoroughly, or acted earlier in the course of treatment; experts agreed that the physician's actions were not contrary to the indications and information he or she had received at the time; and positive assessments of the physician's basic skill level were not contradicted by any evidence in the record. Pursuant to subsection (5)(d) of this section (subdivision (6)(d) of section 38-178), the term "gross incompetence" connotes such an extreme deficiency on the part of a physician in the basic knowledge and skill necessary for diagnosis and treatment that one may reasonably question the physician's ability to practice medicine at the threshold level of professional competence. Langvardt v. Horton, 254 Neb. 878, 581 N.W.2d 60 (1998). Under subsection (10) of this section (as it existed in 1993), the word "includes" is restricted by the language which specifies the sources referred to. Thus, a violation of standards of the medical profession not defined by the statute or rules and regulations does not define unprofessional conduct for the purposes of the statute. Curry v. State ex rel. Stenberg, 242 Neb. 695, 496 N.W.2d 512 (1993). Section is permissive, revocation following conviction for a serious criminal act was not abuse of discretion. State ex rel. Meyer v. Eyen, 184 Neb. 848, 172 N.W.2d 617 (1969). A physician's license may be revoked for unprofessional conduct before conviction in a competent court. Mathews v. Hedlund, 82 Neb. 825, 119 N.W. 17 (1908). In proceedings to revoke a physician's license on grounds of producing a criminal abortion, trial and conviction of such a charge by a competent court is not a condition precedent to said proceedings. Munk v. Frink, 81 Neb. 631, 116 N.W. 525 (1908), 17 L.R.A.N.S. 439 (1908). State does not have to prove that a federal felony conviction under subsection (4) of this section (subdivision (5) of section 38-178) is also a violation of Nebraska law. Sedivy v. State ex rel. Stenberg, 5 Neb. App. 745, 567 N.W.2d 784 (1997). The judiciary will not interfere with executive officers in the performance of duties which are discretionary in their nature or involve the exercise of judgment; there exists no power in the courts to act upon the officer so as to interfere with the exercise of that judgment while the matter is properly before the officer for action. Roseberry v. Wright, 2 Neb. App. 248, 508 N.W.2d 867 (1993). 
38-179.  Disciplinary actions; unprofessional conduct, defined.For purposes of section 38-178, unprofessional conduct means any departure from or failure to conform to the standards of acceptable and prevailing practice of a profession or the ethics of the profession, regardless of whether a person, consumer, or entity is injured, or conduct that is likely to deceive or defraud the public or is detrimental to the public interest, including, but not limited to:(1) Receipt of fees on the assurance that an incurable disease can be permanently cured;(2) Division of fees, or agreeing to split or divide the fees, received for professional services with any person for bringing or referring a consumer other than (a) with a partner or employee of the applicant or credential holder or his or her office or clinic, (b) with a landlord of the applicant or credential holder pursuant to a written agreement that provides for payment of rent based on gross receipts, or (c) with a former partner or employee of the applicant or credential holder based on a retirement plan or separation agreement;(3) Obtaining any fee for professional services by fraud, deceit, or misrepresentation, including, but not limited to, falsification of third-party claim documents;(4) Cheating on or attempting to subvert the credentialing examination;(5) Assisting in the care or treatment of a consumer without the consent of such consumer or his or her legal representative;(6) Use of any letters, words, or terms, either as a prefix, affix, or suffix, on stationery, in advertisements, or otherwise, indicating that such person is entitled to practice a profession for which he or she is not credentialed;(7) Performing, procuring, or aiding and abetting in the performance or procurement of a criminal abortion;(8) Knowingly disclosing confidential information except as otherwise permitted by law;(9) Commission of any act of sexual abuse, misconduct, or exploitation related to the practice of the profession of the applicant or credential holder;(10) Failure to keep and maintain adequate records of treatment or service;(11) Prescribing, administering, distributing, dispensing, giving, or selling any controlled substance or other drug recognized as addictive or dangerous for other than a medically accepted therapeutic purpose;(12) Prescribing any controlled substance to (a) oneself or (b) except in the case of a medical emergency (i) one's spouse, (ii) one's child, (iii) one's parent, (iv) one's sibling, or (v) any other person living in the same household as the prescriber;(13) Failure to comply with any federal, state, or municipal law, ordinance, rule, or regulation that pertains to the applicable profession;(14) Disruptive behavior, whether verbal or physical, which interferes with consumer care or could reasonably be expected to interfere with such care; and(15) Such other acts as may be defined in rules and regulations.Nothing in this section shall be construed to exclude determination of additional conduct that is unprofessional by adjudication in individual contested cases.Source   Laws 1927, c. 167,  47, p. 466;   C.S.1929,  71-602;   Laws 1935, c. 141,  1, p. 518;   C.S.Supp.,1941,  71-602;   Laws 1943, c. 146,  11, p. 542;   R.S.1943,  71-148;  Laws 1979, LB 95,  2;   Laws 1981, LB 466,  1;  Laws 1986, LB 286,  46;  Laws 1986, LB 579,  38;  Laws 1986, LB 926,  25;  Laws 1987, LB 473,  16;  Laws 1988, LB 273,  9;  Laws 1988, LB 1100,  17;  Laws 1991, LB 425,  11;   Laws 1991, LB 456,  11;  Laws 1993, LB 536,  45;  Laws 1994, LB 1210,  27;  Laws 1997, LB 23,  5;   R.S.1943, (2003),  71-148;  Laws 2007, LB463,  79;  Laws 2021, LB148,  49.  Annotations  Under the former law, the general definition in the introductory paragraph of this section does not include as unprofessional conduct a single act of ordinary negligence. Mahnke v. State, 276 Neb. 57, 751 N.W.2d 635 (2008). Performance of a criminal abortion is immoral, unprofessional, and dishonorable conduct justifying revocation of license to practice medicine and surgery. State ex rel. Sorensen v. Lake, 121 Neb. 331, 236 N.W. 762 (1931). Disclosure by a physician of the contagious or infectious nature of a patient's disease to a person who might become exposed is not a betrayal of a professional secret which will constitute unprofessional conduct. Simonsen v. Swenson, 104 Neb. 224, 177 N.W. 831 (1920), 9 A.L.R. 1250 (1920). 
38-180.  Disciplinary actions; evidence of discipline by another state or jurisdiction.For purposes of subdivision (12) of section 38-178, a certified copy of the record of denial, refusal of renewal, limitation, suspension, or revocation of a license, certificate, registration, or other similar credential or the taking of other disciplinary measures against it by another state or jurisdiction shall be conclusive evidence of a violation.Source  Laws 2007, LB463,  80;  Laws 2019, LB449,  2.  
38-1801.  Act, how cited.Sections 38-1801 to 38-1816 shall be known and may be cited as the Medical Nutrition Therapy Practice Act.Source Laws 2007, LB463,  623. 
38-1802.  Legislative findings.(1) The Legislature finds that:(a) The unregulated practice of medical nutrition therapy can clearly harm or endanger the health, safety, and welfare of the public;(b) The public can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and(c) The public cannot be effectively protected by a less cost-effective means than state regulation of the practice of medical nutrition therapy. The Legislature also finds that medical nutrition therapists must exercise independent judgment and that professional education, training, and experience are required to make such judgment.(2) The Legislature further finds that the practice of medical nutrition therapy in the State of Nebraska is not sufficiently regulated for the protection of the health, safety, and welfare of the public. It declares that this is a matter of statewide concern and it shall be the policy of the State of Nebraska to promote high standards of professional performance by those persons representing themselves as licensed medical nutrition therapists.Source  Laws 1988, LB 557,  1;  Laws 1995, LB 406,  20;   R.S.1943, (2003),  71-1,285;  Laws 2007, LB463,  624. 
38-1803.  Definitions, where found.For purposes of the Medical Nutrition Therapy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1804 to 38-1810 apply.Source  Laws 1988, LB 557,  2;  Laws 1995, LB 406,  21;  Laws 1999, LB 828,  146;   R.S.1943, (2003),  71-1,286;  Laws 2007, LB463,  625. 
38-1804.  Assessment, defined.Assessment means the process of evaluating the nutritional status of patients. The assessment includes review and analysis of medical and diet histories, biochemical lab values, and anthropometric measurements to determine nutritional status and appropriate nutritional treatment.Source Laws 2007, LB463,  626. 
38-1805.  Board, defined.Board means the Board of Medical Nutrition Therapy.Source Laws 2007, LB463,  627. 
38-1806.  Consultation, defined.Consultation means conferring with a physician regarding the activities of the licensed medical nutrition therapist.Source Laws 2007, LB463,  628. 
38-1807.  General nutrition services.General nutrition services includes, but is not limited to:(1) Identifying the nutritional needs of individuals and groups in relation to normal nutritional requirements; and(2) Planning, implementing, and evaluating nutrition education programs for individuals and groups in the selection of food to meet normal nutritional needs throughout the life cycle.Source Laws 2007, LB463,  629. 
38-1808.  Licensed medical nutrition therapist, defined.Licensed medical nutrition therapist means a person who is licensed to practice medical nutrition therapy pursuant to the Uniform Credentialing Act and who holds a current license issued by the department pursuant to the Medical Nutrition Therapy Practice Act.Source Laws 2007, LB463,  630. 
38-1809.  Medical nutrition therapy, defined.Medical nutrition therapy means the assessment of the nutritional status of patients. Medical nutrition therapy involves the assessment of patient nutritional status followed by treatment, ranging from diet modification to specialized nutrition support, such as determining nutrient needs for enteral and parenteral nutrition, and monitoring to evaluate patient response to such treatment.Source Laws 2007, LB463,  631. 
38-181.  Initial credential to operate business; renewal of credential; denial by department; powers of department.If an applicant for an initial credential to operate a business does not meet all of the requirements for the credential, the department shall deny issuance of the credential. If an applicant for an initial credential to operate a business or a credential holder applying for renewal of the credential to operate a business has committed any of the acts set out in section 38-182, the department may deny issuance or refuse renewal of the credential or may issue or renew the credential subject to any of the terms imposed under section 38-196 in order to protect the public.Source Laws 2007, LB463,  81. 
38-1810.  Patient, defined.Patient means a person with a disease, illness, injury, or medical condition for which nutritional interventions are an essential component of standard care.Source Laws 2007, LB463,  632. 
38-1811.  Board; membership; qualifications.The board shall consist of three professional members, one physician, and one public member appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165.Source Laws 2007, LB463,  633. 
38-1812.  License required; activities not subject to act.No person shall practice medical nutrition therapy unless he or she is licensed for such purpose pursuant to the Uniform Credentialing Act. The practice of medical nutrition therapy shall not include:(1) Any person credentialed in this state pursuant to the Uniform Credentialing Act and engaging in such profession or occupation for which he or she is credentialed;(2) Any student engaged in an academic program under the supervision of a licensed medical nutrition therapist as part of a major course of study in human nutrition, food and nutrition, or dietetics, or an equivalent major course of study approved by the board, and who is designated with a title which clearly indicates the person's status as a student or trainee;(3) Persons practicing medical nutrition therapy who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;(4) Persons practicing medical nutrition therapy who are licensed in another state, United States possession, or country, or have received at least a baccalaureate degree, and are in this state for the purpose of:(a) Consultation if the practice in this state is limited to consultation; or(b) Conducting a teaching clinical demonstration in connection with a program of basic clinical education, graduate education, or postgraduate education which is sponsored by a dietetic education program or a major course of study in human nutrition, food and nutrition, or dietetics, or an equivalent major course of study approved by the board;(5) Persons performing general nutrition services incidental to the practice of the profession insofar as it does not exceed the scope of their education and training;(6) Persons who market or distribute food, food materials, or dietary supplements, including persons employed in health food stores, or persons engaged in the advising of the use of those products, or the preparation of those products, or the counseling of individuals or groups in the selection of products to meet general nutrition needs;(7) Persons conducting classes or disseminating information related to general nutrition services;(8) Persons who care for the sick in accordance with the tenets and practices of any bona fide church or religious denomination;(9) Persons who provide information and instructions regarding food intake or exercise as a part of a weight control program; and(10) Persons with advanced postgraduate degrees involved in academic teaching or research.Source  Laws 1988, LB 557,  3;  Laws 1995, LB 406,  22;   R.S.1943, (2003),  71-1,287;  Laws 2007, LB463,  634. 
38-1813.  Licensed medical nutrition therapist; qualifications; practice; limitations.(1) A person shall be qualified to be a licensed medical nutrition therapist if such person furnishes evidence that he or she:(a) Has met the requirements for and is a registered dietitian by the American Dietetic Association or an equivalent entity recognized by the board;(b)(i) Has satisfactorily passed an examination approved by the board;(ii) Has received a baccalaureate degree from an accredited college or university with a major course of study in human nutrition, food and nutrition, dietetics, or an equivalent major course of study approved by the board; and(iii) Has satisfactorily completed a program of supervised clinical experience approved by the department. Such clinical experience shall consist of not less than nine hundred hours of a planned continuous experience in human nutrition, food and nutrition, or dietetics under the supervision of an individual meeting the qualifications of this section; or(c)(i) Has satisfactorily passed an examination approved by the board; and(ii)(A) Has received a master's or doctorate degree from an accredited college or university in human nutrition, nutrition education, food and nutrition, or public health nutrition or in an equivalent major course of study approved by the board; or(B) Has received a master's or doctorate degree from an accredited college or university which includes a major course of study in clinical nutrition. Such course of study shall consist of not less than a combined two hundred hours of biochemistry and physiology and not less than seventy-five hours in human nutrition.(2) For purposes of this section, accredited college or university means an institution currently listed with the United States Secretary of Education as accredited. Applicants who have obtained their education outside of the United States and its territories shall have their academic degrees validated as equivalent to a baccalaureate or master's degree conferred by a United States accredited college or university.(3)(a) The practice of medical nutrition therapy shall be performed under the consultation of a physician licensed pursuant to section 38-2026 or sections 38-2029 to 38-2033.(b) A licensed medical nutrition therapist may order patient diets, including therapeutic diets, in accordance with this subsection.Source  Laws 1988, LB 557,  5;  Laws 1995, LB 406,  24;   R.S.1943, (2003),  71-1,289;  Laws 2007, LB463,  635;  Laws 2020, LB1002,  41;  Laws 2021, LB528,  8.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1814.  Reciprocity; military spouse; temporary license.The department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to an individual who meets the requirements of the Medical Nutrition Therapy Practice Act or substantially equivalent requirements as determined by the department, with the recommendation of the board. An applicant for a license to practice under the act who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  636;  Laws 2017, LB88,  59.  
38-1815.  Fees.The department shall establish and collect fees for credentialing under the Medical Nutrition Therapy Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  637. 
38-1816.  Act, how construed.Nothing in the Medical Nutrition Therapy Practice Act shall be construed to permit a licensed medical nutrition therapist to practice any other profession regulated under the Uniform Credentialing Act.Source  Laws 1988, LB 557,  9;  Laws 1994, LB 853,  1;  Laws 1995, LB 406,  29;   R.S.1943, (2003),  71-1,293;  Laws 2007, LB463,  638. 
38-182.  Disciplinary actions; credential to operate business; grounds.A credential to operate a business may be denied, refused renewal, or have disciplinary measures taken against it in accordance with section 38-196 on any of the following grounds:(1) Violation of the Uniform Credentialing Act or the rules and regulations adopted and promulgated under such act relating to the applicable business;(2) Committing or permitting, aiding, or abetting the commission of any unlawful act;(3) Conduct or practices detrimental to the health or safety of an individual served or employed by the business;(4) Failure to allow an agent or employee of the department access to the business for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the department;(5) Discrimination or retaliation against an individual served or employed by the business who has submitted a complaint or information to the department or is perceived to have submitted a complaint or information to the department; or(6) Failure to file a report required by section 71-552.Source  Laws 2007, LB463,  82;  Laws 2011, LB591,  3. 
38-183.  Credential issued by department; temporary suspension or limitation; notice and hearing not required; when; duration.(1) The department may temporarily suspend or temporarily limit any credential issued by the department without notice or a hearing if the director determines that there is reasonable cause to believe that grounds exist under section 38-178 or 38-182 for the revocation, suspension, or limitation of the credential and that the credential holder's continuation in practice or operation would constitute an imminent danger to the public health and safety. Simultaneously with any such action, the department shall institute proceedings for a hearing on the grounds for revocation, suspension, or limitation of the credential. Such hearing shall be held no later than fifteen days from the date of such temporary suspension or temporary limitation of the credential.(2) A continuance of the hearing shall be granted by the department upon the written request of the credential holder, and such a continuance shall not exceed thirty days unless waived by the credential holder. A temporary suspension or temporary limitation order by the director shall take effect when served upon the credential holder.(3) In no case shall a temporary suspension or temporary limitation of a credential under this section be in effect for a period of time in excess of ninety days unless waived by the credential holder. If a decision is not reached within ninety days, the credential shall be reinstated unless and until the department reaches a decision to revoke, suspend, or limit the credential or otherwise discipline the credential holder.Source  Laws 1986, LB 926,  26;   Laws 1991, LB 456,  10;  Laws 1994, LB 1210,  26;   R.S.1943, (2003),  71-147.02;  Laws 2007, LB463,  83. 
38-184.  Credential; disciplinary actions; time when taken.If an applicant for a credential or a credential holder is convicted of an offense for which the credential may be denied or refused renewal or have other disciplinary measures taken against it in accordance with section 38-196, such denial, refusal of renewal, or disciplinary measures may be taken when the time for appeal of the conviction has elapsed or the conviction has been affirmed on appeal or an order granting probation is made suspending the imposition or the execution of sentence, irrespective of any subsequent order under any statute allowing such person to withdraw his or her plea of guilty, nolo contendere, or non vult contendere and to enter a plea of not guilty, or setting aside the verdict of guilty or the conviction, or releasing the person from probation, or dismissing the accusation, information, or indictment.Source Laws 2007, LB463,  84. 
38-185.  Credential; denial; refuse renewal; notice; hearing.To deny or refuse renewal of a credential, the department shall notify the applicant or credential holder in writing of the action taken and the reasons for the determination. The denial or refusal to renew shall become final thirty days after mailing the notice unless the applicant or credential holder, within such thirty-day period, requests a hearing in writing. The hearing shall be conducted in accordance with the Administrative Procedure Act.Source   Laws 1927, c. 167,  49, p. 467;   C.S.1929,  71-604;   R.S.1943,  71-150;  Laws 1986, LB 286,  48;  Laws 1986, LB 579,  40;  Laws 1988, LB 1100,  19;   Laws 1991, LB 456,  12;  Laws 1994, LB 1210,  29;  Laws 1996, LB 1044,  382;   R.S.1943, (2003),  71-150;  Laws 2007, LB296,  304;  Laws 2007, LB463,  85. Cross References  Administrative Procedure Act, see section 84-920.Annotations The judiciary will not interfere with executive officers in the performance of duties which are discretionary in their nature or involve the exercise of judgment; there exists no power in the courts to act upon the officer so as to interfere with the exercise of that judgment while the matter is properly before the officer for action. Roseberry v. Wright, 2 Neb. App. 248, 508 N.W.2d 867 (1993).
38-186.  Credential; discipline; petition by Attorney General; hearing; department; powers and duties.(1) A petition shall be filed by the Attorney General in order for the director to discipline a credential obtained under the Uniform Credentialing Act to:(a) Practice or represent oneself as being certified under any of the practice acts enumerated in subdivisions (1) through (19) and (21) through (35) of section 38-101; or(b) Operate as a business for the provision of services in body art; cosmetology; emergency medical services; esthetics; funeral directing and embalming; massage therapy; and nail technology in accordance with subsection (3) of section 38-121.(2) The petition shall be filed in the office of the director. The department may withhold a petition for discipline or a final decision from public access for a period of five days from the date of filing the petition or the date the decision is entered or until service is made, whichever is earliest.(3) The proceeding shall be summary in its nature and triable as an equity action and shall be heard by the director or by a hearing officer designated by the director under rules and regulations of the department. Affidavits may be received in evidence in the discretion of the director or hearing officer. The department shall have the power to administer oaths, to subpoena witnesses and compel their attendance, and to issue subpoenas duces tecum and require the production of books, accounts, and documents in the same manner and to the same extent as the district courts of the state. Depositions may be used by either party.Source  Laws 2007, LB463,  86;  Laws 2012, LB831,  28;  Laws 2017, LB88,  34;  Laws 2017, LB255,  10.  
38-187.  Credential; discipline; petition; form; other pleadings.The following rules shall govern the form of the petition in cases brought pursuant to section 38-186:(1) The state shall be named as plaintiff and the credential holder as defendant;(2) The charges against the credential holder shall be stated with reasonable definiteness;(3) Amendments may be made as in ordinary actions in the district court; and(4) All allegations shall be deemed denied, but the credential holder may plead thereto if he or she desires.Source   Laws 1927, c. 167,  51, p. 467;   C.S.1929,  71-606;   R.S.1943,  71-152;  Laws 1986, LB 286,  50;  Laws 1986, LB 579,  42;  Laws 1994, LB 1210,  31;   R.S.1943, (2003),  71-152;  Laws 2007, LB463,  87. Annotations Under former law, the complaint was sufficient if it informed the accused of the nature of the wrong laid to his charge and of the particular instance of its perpetration. Munk v. Frink, 75 Neb. 172, 106 N.W. 425 (1905).
38-188.  Credential; discipline; hearing; time; place.Upon presentation of the petition to the director, he or she shall make an order fixing the time and place for the hearing, which shall not be less than thirty nor more than sixty days thereafter.Source   Laws 1927, c. 167,  52, p. 468;   C.S.1929,  71-607;   R.S.1943,  71-153;  Laws 1986, LB 926,  27;  Laws 1996, LB 1044,  383;   R.S.1943, (2003),  71-153;  Laws 2007, LB296,  306;  Laws 2007, LB463,  88. 
38-189.  Credential; discipline; hearing; notice; how served.Notice of the filing of a petition pursuant to section 38-186 and of the time and place of hearing shall be served upon the credential holder at least ten days before the hearing. The notice may be served by any method specified in section 25-505.01, or the director may permit substitute or constructive service as provided in section 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in section 25-505.01.Source   Laws 1927, c. 167,  53, p. 468;   C.S.1929,  71-608;   R.S.1943,  71-154;  Laws 1986, LB 286,  51;  Laws 1986, LB 579,  43;   Laws 1991, LB 456,  13;  Laws 1994, LB 1210,  32;   R.S.1943, (2003),  71-154;  Laws 2007, LB463,  89. 
38-190.  Petition for disciplinary action; disposition prior to order; methods; Attorney General; duties.(1) Any petition filed pursuant to section 38-186 may, at any time prior to the entry of any order by the director, be disposed of by stipulation, agreed settlement, consent order, or similar method as agreed to between the parties. A proposed settlement shall be submitted and considered in camera and shall not be a public record unless accepted by the director. The director may review the input provided to the Attorney General by the board pursuant to subsection (2) of this section. If the settlement is acceptable to the director, he or she shall make it the sole basis of any order he or she enters in the matter, and it may be modified or added to by the director only upon the mutual consent of both of the parties thereto. If the settlement is not acceptable to the director, it shall not be admissible in any subsequent hearing and it shall not be considered in any manner as an admission.(2) The Attorney General shall not enter into any agreed settlement or dismiss any petition without first having given notice of the proposed action and an opportunity to the appropriate board to provide input into the terms of the settlement or on dismissal. The board shall have fifteen days from the date of the Attorney General's request to respond, but the recommendation of the board, if any, shall not be binding on the Attorney General. Meetings of the board for such purpose shall be in closed session, and any recommendation by the board to the Attorney General shall not be a public record until the pending action is complete, except that if the director reviews the input provided to the Attorney General by the board as provided in subsection (1) of this section, the credential holder shall also be provided a copy of the input and opportunity to respond in such manner as the director determines.Source   Laws 1976, LB 877,  8;  Laws 1988, LB 1100,  22;   Laws 1991, LB 456,  16;  Laws 1994, LB 1223,  8;  Laws 1996, LB 1044,  389;  Laws 1999, LB 828,  44;   R.S.1943, (2003),  71-161.03;  Laws 2007, LB296,  311;  Laws 2007, LB463,  90. 
38-1901.  Act, how cited.Sections 38-1901 to 38-1920 shall be known and may be cited as the Medical Radiography Practice Act.Source  Laws 2007, LB463,  639;  Laws 2008, LB928,  5;  Laws 2010, LB849,  1. 
38-1902.  Definitions, where found.For purposes of the Medical Radiography Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1903 to 38-1913 apply.Source  Laws 2007, LB463,  640;  Laws 2008, LB928,  6;  Laws 2010, LB849,  2. 
38-1903.  Board, defined.Board means the Board of Medical Radiography.Source Laws 2007, LB463,  641. 
38-1904.  Interpretative fluoroscopic procedures, defined.Interpretative fluoroscopic procedures means the use of radiation in continuous mode to provide information, data, and film or hardcopy images for diagnostic review and interpretation by a licensed practitioner as the images are being produced.Source Laws 2007, LB463,  642. 
38-1905.01.  Limited computed tomography radiographer, defined.Limited computed tomography radiographer means a person licensed pursuant to section 38-1917.01 to practice medical radiography restricted to computed tomography.Source Laws 2008, LB928,  8.
38-1905.  Licensed practitioner, defined.Licensed practitioner means a person licensed to practice medicine, dentistry, podiatry, chiropractic, osteopathic medicine and surgery, or as an osteopathic physician.Source Laws 2007, LB463,  643. 
38-1906.  Limited radiographer, defined.Limited radiographer means a person licensed to practice medical radiography pursuant to section 38-1916. Limited radiographer does not include a person certified under section 38-3012.Source Laws 2007, LB463,  644. 
38-1907.  Medical radiographer, defined.Medical radiographer means a person licensed pursuant to subsection (1) of section 38-1915 to practice medical radiography.Source  Laws 2007, LB463,  645;  Laws 2008, LB928,  7. 
38-1908.01.  Nuclear medicine technologist, defined.Nuclear medicine technologist means a person who meets the requirements for training and experience for nuclear medicine technology under the Radiation Control Act and the rules and regulations adopted and promulgated under the act.Source Laws 2008, LB928,  9. Cross References  Radiation Control Act, see section 71-3519.
38-1908.02.  Patient care and management; defined.Patient care and management, as it relates to the practice of medical radiography, includes, but is not limited to:(1) Infection control;(2) Patient transfer and movement;(3) Assisting patients with medical equipment;(4) Routine monitoring;(5) Medical emergencies;(6) Proper use of contrast media; and(7) Patient safety and protection, including minimizing and monitoring patient radiation exposure through utilizing proper professional standards and protocols, including the principle of as low as reasonably achievable.Source Laws 2010, LB849,  4.
38-1908.  Medical radiography, defined.Medical radiography means the application of radiation to humans for diagnostic purposes, including, but not limited to, utilizing proper:(1) Radiation protection for the patient, the radiographer, and others;(2) Radiation-generating equipment operation and quality control;(3) Image production and evaluation;(4) Radiographic procedures;(5) Processing of films;(6) Positioning of patients;(7) Performance methods to achieve optimum radiographic technique with a minimum of radiation exposure; and(8) Patient care and management as it relates to the practice of medical radiography.Source  Laws 2007, LB463,  646;  Laws 2010, LB849,  3. 
38-1909.  Radiation, defined.Radiation means ionizing radiation and nonionizing radiation as follows:(1) Ionizing radiation means gamma rays, X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or nuclear particles or rays but does not include sound or radio waves or visible, infrared, or ultraviolet light; and(2) Nonionizing radiation means (a) any electromagnetic radiation which can be generated during the operation of electronic products as defined in section 71-3503 to such energy density levels as to present a biological hazard to occupational and public health and safety and the environment, other than ionizing electromagnetic radiation, and (b) any sonic, ultrasonic, or infrasonic waves which are emitted from an electronic product as defined in section 71-3503 as a result of the operation of an electronic circuit in such product and to such energy density levels as to present a biological hazard to occupational and public health and safety and the environment.Source Laws 2007, LB463,  647. 
38-191.  Credential; disciplinary action; hearing; failure to appear; effect.If a credential holder fails to appear, either in person or by counsel, at the time and place designated in the notice required by section 38-189, the director, after receiving satisfactory evidence of the truth of the charges, shall order the credential revoked or suspended or shall take any or all of the other appropriate disciplinary measures authorized by section 38-196 against the credential.Source   Laws 1927, c. 167,  55, p. 468;   C.S.1929,  71-610;   R.S.1943,  71-156;   Laws 1976, LB 877,  4;  Laws 1986, LB 286,  54;  Laws 1986, LB 579,  46;  Laws 1994, LB 1210,  34;  Laws 1996, LB 1044,  385;   R.S.1943, (2003),  71-156;  Laws 2007, LB296,  309;  Laws 2007, LB463,  91. 
38-1910.  Radiation-generating equipment, defined.Radiation-generating equipment means any manufactured product or device, component part of such a product or device, or machine or system which during operation can generate or emit radiation except devices which emit radiation only from radioactive material.Source Laws 2007, LB463,  648. 
38-1911.  Sources of radiation, defined.Sources of radiation means any radioactive material, any radiation-generating equipment, or any device or equipment emitting or capable of emitting radiation or radioactive material.Source Laws 2007, LB463,  649. 
38-1912.  Undesirable radiation, defined.Undesirable radiation means radiation in such quantity and under such circumstances as determined from time to time by rules and regulations adopted and promulgated by the department.Source Laws 2007, LB463,  650. 
38-1913.  X-ray system, defined.X-ray system means an assemblage of components for the controlled production of X-rays, including, but not limited to, an X-ray high-voltage generator, an X-ray control, a tube housing assembly, a beam-limiting device, and the necessary supporting structures. Additional components which function with the system are considered integral parts of the system.Source Laws 2007, LB463,  651. 
38-1914.  Board; members; qualifications; terms; meetings.The board shall consist of four medical radiographers and one limited radiographer. Of the first four medical radiographers appointed, one shall be appointed for a term of one year, one shall be appointed for a term of two years, one shall be appointed for a term of three years, and one shall be appointed for a term of four years. The first limited radiographer shall be appointed for a term of five years. Thereafter each appointment shall be for a term of five years. The board shall meet at least two times per calendar year.Source  Laws 2005, LB 453,  2;   R.S.Supp.,2006,  71-3512;  Laws 2007, LB463,  652. 
38-1915.  Medical radiographer; requirements.(1) A person licensed by the department, with the recommendation of the board, as a medical radiographer may practice medical radiography on any part of the human anatomy for interpretation by and under the direction of a licensed practitioner, including computed tomography but excluding interpretative fluoroscopic procedures, and may use fluoroscopy in conjunction with a certified registered nurse anesthetist as authorized in section 38-711.(2) An applicant for a license as a medical radiographer shall:(a) Complete an educational program in radiography approved by the board pursuant to subsection (1) of section 38-1918;(b) Complete an application in accordance with the Uniform Credentialing Act; and(c) Successfully complete an examination approved by the board.(3) Presentation of proof of registration in radiography with the American Registry of Radiologic Technologists is proof of meeting the requirements of subdivisions (2)(a) and (c) of this section.Source  Laws 1987, LB 390,  23;  Laws 1995, LB 406,  46;  Laws 1997, LB 752,  181;  Laws 2002, LB 1021,  75;  Laws 2006, LB 994,  104;   R.S.Supp.,2006,  71-3515.01;  Laws 2007, LB463,  653;  Laws 2008, LB928,  10. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1916.  Limited radiographer; requirements; specific anatomical region.(1) A person licensed by the department, with the recommendation of the board, as a limited radiographer may practice medical radiography on limited regions of the human anatomy, using only routine radiographic procedures, for the interpretation by and under the direction of a licensed practitioner, excluding computed tomography, the use of contrast media, and the use of fluoroscopic or mammographic equipment. An applicant for a license as a limited radiographer shall successfully complete an examination approved by the board, as described in subdivision (2)(a) of section 38-1918 and at least one of the anatomical regions listed in subdivision (2)(b) of such section or successfully complete an examination approved by the department, as described in subsection (3) of section 38-1918.(2) Each license issued shall be specific to the anatomical region or regions for which the applicant has passed an approved examination, except that an applicant may be licensed in the anatomical region of Abdomen upon successful passage of the examinations described in subdivisions (2)(a) and (2)(b)(iv) of section 38-1918 and upon a finding by the department, with the recommendation of the board, that continued provision of service for a community would be in jeopardy.Source Laws 2007, LB463,  654. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1917.01.  Limited computed tomography radiographer; requirements; nuclear medicine technologist; activities authorized.(1) A person licensed by the department, with the recommendation of the board, as a limited computed tomography radiographer may practice medical radiography restricted to computed tomography. An applicant for a license as a limited computed tomography radiographer shall:(a) Complete an application in accordance with the Uniform Credentialing Act;(b) Be certified by (i) the Nuclear Medicine Technology Certification Board or (ii) the American Registry of Radiologic Technologists in nuclear medicine technology; and(c) Be certified by the American Registry of Radiologic Technologists in computed tomography.(2) A nuclear medicine technologist may perform computed tomography without being licensed under the Medical Radiography Practice Act if such practice is limited to X-rays produced by a combination nuclear medicine-computed tomography system and administered as an integral part of a nuclear medicine procedure that uses a computed tomography protocol for purposes of attenuation correction and anatomical localization only and if the nuclear medicine technologist has received documented device-specific training on the combination nuclear medicine-computed tomography system.Source Laws 2008, LB928,  11. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-1917.02.  Student; provisions not applicable; temporary limited computed tomography radiographer license; term; applicability of section.(1) The requirements of section 38-1917.01 do not apply to a student while enrolled and participating in an educational program in nuclear medicine technology who, as part of the educational program, applies X-rays to humans using a computed tomography system while under the supervision of the licensed practitioners, medical radiographers, or limited computed tomography radiographers associated with the educational program. A person registered by the Nuclear Medicine Technology Certification Board or the American Registry of Radiologic Technologists in nuclear medicine technology may apply for a license as a temporary limited computed tomography radiographer. Temporary limited computed tomography radiographer licenses issued under this section shall expire twenty-four months after issuance and shall not be renewed. Persons licensed under this section as temporary limited computed tomography radiographers shall be permitted to perform medical radiography restricted to computed tomography while under the direct supervision and in the physical presence of licensed practitioners, medical radiographers, or limited computed tomography radiographers.(2) This section shall not apply to a temporary credential issued as provided under section 38-129.01.Source  Laws 2008, LB928,  12;  Laws 2017, LB88,  61.  
38-1917.  Student; provisions not applicable; temporary medical radiographer license; term; applicability of section.(1) The requirements of sections 38-1915 and 38-1916 do not apply to a student while enrolled and participating in an educational program in medical radiography who, as a part of an educational program, applies X-rays to humans while under the supervision of the licensed practitioners or medical radiographers associated with the educational program. Students who have completed at least twelve months of the training course described in subsection (1) of section 38-1918 may apply for licensure as a temporary medical radiographer. Temporary medical radiographer licenses issued under this section shall expire eighteen months after issuance and shall not be renewed. Persons licensed under this section as temporary medical radiographers shall be permitted to perform the duties of a limited radiographer licensed in all anatomical regions of subdivision (2)(b) of section 38-1918 and Abdomen.(2) This section shall not apply to a temporary credential issued as provided under section 38-129.01.Source  Laws 2007, LB463,  655;  Laws 2017, LB88,  60.  
38-1918.  Educational programs; testing; requirements.(1)(a) The educational program for medical radiographers shall consist of twenty-four months of instruction in radiography approved by the board which includes, but is not limited to:(i) Radiation protection for the patient, the radiographer, and others;(ii) Radiation-generating equipment operation and quality control;(iii) Image production and evaluation;(iv) Radiographic procedures;(v) Processing of films;(vi) Positioning of patients;(vii) Performance methods to achieve optimum radiographic technique with a minimum of radiation exposure; and(viii) Patient care and management as it relates to the practice of medical radiography.(b) The board shall recognize equivalent courses of instruction successfully completed by individuals who are applying for licensure as medical radiographers when determining if the requirements of section 38-1915 have been met.(2) The examination for limited radiographers shall include, but not be limited to:(a) Radiation protection, radiation-generating equipment operation and quality control, image production and evaluation, radiographic procedures, and patient care and management; and(b) The anatomy of, and positioning for, specific regions of the human anatomy. The anatomical regions shall include at least one of the following:(i) Chest;(ii) Extremities;(iii) Skull and sinus;(iv) Spine; or(v) Ankle and foot.(3) The examination for limited radiographers in bone density shall include, but not be limited to, basic concepts of bone densitometry, equipment operation and quality control, radiation safety, and dual X-ray absorptiometry (DXA) scanning of the finger, heel, forearm, lumbar spine, and proximal femur.(4) The department, with the recommendation of the board, shall adopt and promulgate rules and regulations regarding the examinations required in sections 38-1915 and 38-1916. Such rules and regulations shall provide for (a) the administration of examinations based upon national standards, such as the Examination in Radiography from the American Registry of Radiologic Technologists for medical radiographers, the Examination for the Limited Scope of Practice in Radiography or the Bone Densitometry Equipment Operator Examination from the American Registry of Radiologic Technologists for limited radiographers, or equivalent examinations that, as determined by the board, meet the standards for educational and psychological testing as recommended by the American Psychological Association, the American Educational Research Association, and the National Council on Measurement in Education, (b) procedures to be followed for examinations, (c) the method of grading and the passing grades for such examinations, (d) security protection for questions and answers, and (e) for medical radiographers, the contents of such examination based on the course requirements for medical radiographers prescribed in subsection (1) of this section. Any costs incurred in determining the extent to which examinations meet the examining standards of this subsection shall be paid by the individual or organization proposing the use of such examination.(5) No applicant for a license as a limited radiographer may take the examination for licensure, or for licensure for any specific anatomical region, more than three times without first waiting a period of one year after the last unsuccessful attempt of the examination and submitting proof to the department of completion of continuing competency activities as required by the board for each subsequent attempt.Source  Laws 1987, LB 390,  24;  Laws 1990, LB 1064,  21;  Laws 1995, LB 406,  47;  Laws 1996, LB 1044,  656;  Laws 2000, LB 1115,  74;  Laws 2002, LB 1021,  76;  Laws 2003, LB 242,  115;  Laws 2006, LB 994,  105;   R.S.Supp.,2006,  71-3515.02;  Laws 2007, LB463,  656;  Laws 2010, LB849,  5. 
38-1919.  Fees.The department shall establish and collect fees for credentialing under the Medical Radiography Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  657. 
38-192.  Credential; disciplinary action; director; sanctions; powers.If the director determines upon completion of a hearing under section 38-186 that a violation has occurred, the director may, at his or her discretion, consult with the appropriate board concerning sanctions to be imposed or terms and conditions of the sanctions. When the director consults with a board, the credential holder and the Attorney General shall be provided with a copy of the director's request, the recommendation of the board, and an opportunity to respond in such manner as the director determines. The director shall have the authority through entry of an order to exercise in his or her discretion any or all of the sanctions authorized under section 38-196.Source Laws 2007, LB463,  92. 
38-1920.  Dental hygienists and dental assistants; exemptions from act.(1) Persons authorized under the Dentistry Practice Act to practice as dental hygienists and dental assistants who meet the requirements of section 38-1135 shall not be required to be licensed under the Medical Radiography Practice Act.(2) The department may exempt certain users of sources of radiation from licensing requirements established under the Medical Radiography Practice Act when the board finds that the exemption will not constitute a significant risk to occupational and public health and safety and the environment.(3) Individuals who are currently licensed in the State of Nebraska as podiatrists, chiropractors, dentists, physicians and surgeons, osteopathic physicians, physician assistants, and veterinarians shall be exempt from the rules and regulations of the department pertaining to the qualifications of persons for the use of X-ray radiation-generating equipment operated for diagnostic purposes.Source Laws 2007, LB463,  658. Cross References  Dentistry Practice Act, see section 38-1101.
38-193.  Credential; disciplinary action; partial-birth abortion; director; powers and duties.If the petition is brought with respect to subdivision (3) of section 38-2021, the director shall make findings as to whether the licensee's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. The director shall have the authority through entry of an order to exercise in his or her discretion any or all of the sanctions authorized under section 38-196, irrespective of the petition.Source Laws 2007, LB463,  93. 
38-194.  Credential; disciplinary action; costs; how taxed.If the order issued regarding discipline of a credential is adverse to the credential holder, the costs shall be charged to him or her as in ordinary civil actions in the district court, but if the state is the unsuccessful party, the costs shall be paid out of any money in the Professional and Occupational Credentialing Cash Fund available for that purpose. Witness fees and costs may be taxed according to the rules prevailing in the district court.Source   Laws 1927, c. 167,  56, p. 468;   C.S.1929,  71-611;   R.S.1943,  71-157;  Laws 1986, LB 286,  55;  Laws 1986, LB 579,  47;  Laws 1994, LB 1210,  35;  Laws 1996, LB 1044,  386;  Laws 1997, LB 307,  118;  Laws 2003, LB 242,  21;   R.S.1943, (2003),  71-157;  Laws 2007, LB463,  94. 
38-195.  Credential; disciplinary action; costs; when not collectible; how paid.All costs accrued at the instance of the state when it is the successful party in a proceeding to discipline a credential, which the Attorney General certifies cannot be collected from the defendant, shall be paid out of any available funds in the Professional and Occupational Credentialing Cash Fund.Source   Laws 1927, c. 167,  57, p. 468;   C.S.1929,  71-612;   R.S.1943,  71-158;  Laws 1996, LB 1044,  387;  Laws 1997, LB 307,  119;  Laws 2003, LB 242,  22;   R.S.1943, (2003),  71-158;  Laws 2007, LB463,  95. 
38-196.  Credential; disciplinary action; sanctions authorized.Upon the completion of any hearing held regarding discipline of a credential, the director may dismiss the action or impose any of the following sanctions:(1) Censure;(2) Probation;(3) Limitation;(4) Civil penalty;(5) Suspension; or(6) Revocation.Source   Laws 1927, c. 167,  54, p. 468;   C.S.1929,  71-609;   Laws 1943, c. 150,  13, p. 544;   R.S.1943,  71-155;   Laws 1976, LB 877,  3;  Laws 1984, LB 481,  20;  Laws 1986, LB 286,  52;  Laws 1986, LB 579,  44;  Laws 1986, LB 926,  28;  Laws 1988, LB 1100,  20;   Laws 1991, LB 456,  14;  Laws 1994, LB 1210,  33;  Laws 1994, LB 1223,  7;  Laws 1996, LB 1044,  384;  Laws 1997, LB 23,  6;  Laws 1999, LB 828,  43;   R.S.1943, (2003),  71-155;  Laws 2007, LB296,  307;  Laws 2007, LB463,  96. Annotations  While a $10,000 fine imposed under this section may well serve a punitive purpose in certain cases, it will not be assumed in a vacuum that a potential fine not actually imposed could serve only primarily punitive purposes. State v. Wolf, 250 Neb. 352, 549 N.W.2d 183 (1996). The power of courts to review the action of a professional board of examiners in its refusal to recommend reinstatement of a revoked license is not decided, but if such power exists, it is limited to a determination based on whether or not the board's action was arbitrary or capricious. Coil v. Department of Health, 189 Neb. 606, 204 N.W.2d 167 (1973). Summary equity proceeding for revocation of physician's license was sustained. State ex rel. Sorensen v. Lake, 121 Neb. 331, 236 N.W. 762 (1931). Under former law, proceedings before the state board were summary in nature and technical rules for trial were disregarded. Munk v. Frink, 81 Neb. 631, 116 N.W. 525 (1908), 17 L.R.A.N.S. 439 (1908). 
38-197.  Credential; disciplinary action; additional terms and conditions of discipline.If any discipline is imposed pursuant to section 38-196, the director may, in addition to any other terms and conditions of that discipline:(1) Require the credential holder to obtain additional professional training and to pass an examination upon the completion of the training. The examination may be written or oral or both and may be a practical or clinical examination or both or any or all of such combinations of written, oral, practical, and clinical, at the option of the director;(2) Require the credential holder to submit to a complete diagnostic examination by one or more physicians or other qualified professionals appointed by the director. If the director requires the credential holder to submit to such an examination, the director shall receive and consider any other report of a complete diagnostic examination given by one or more physicians or other qualified professionals of the credential holder's choice if the credential holder chooses to make available such a report or reports by his or her physician or physicians or other qualified professionals; and(3) Limit the extent, scope, or type of practice of the credential holder.Source   Laws 1976, LB 877,  7;  Laws 1986, LB 286,  56;  Laws 1986, LB 579,  48;   Laws 1991, LB 456,  15;  Laws 1994, LB 1210,  36;  Laws 1996, LB 1044,  388;   R.S.1943, (2003),  71-161.02;  Laws 2007, LB296,  310;  Laws 2007, LB463,  97. 
38-198.  Civil penalty; manner of collection; attorney's fees and costs; disposition.If a civil penalty is imposed pursuant to section 38-196, it shall not exceed twenty thousand dollars. Any civil penalty assessed and unpaid shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property. The department may also collect in such action attorney's fees and costs incurred in the collection of the civil penalty. The department shall, within thirty days from receipt, remit any collected civil penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska.Source  Laws 1986, LB 926,  29;   R.S.1943, (2003),  71-155.03;  Laws 2007, LB463,  98. 
38-199.  Credential; disciplinary action; suspension; effect.If suspension is imposed pursuant to section 38-196, the credential holder shall not engage in the practice of a profession during the time for which the credential is suspended. The suspension shall be for a definite period of time to be set by the director. The director may provide that the credential shall be (1) automatically reinstated upon expiration of such period, (2) reinstated if the terms and conditions as set by the director are satisfied, or (3) reinstated subject to probation or limitations or conditions upon the practice of the credential holder.Source Laws 2007, LB463,  99. 
38-2001.  Act, how cited.Sections 38-2001 to 38-2064 shall be known and may be cited as the Medicine and Surgery Practice Act.Source  Laws 2007, LB463,  659;  Laws 2009, LB394,  1;  Laws 2011, LB406,  1;  Laws 2018, LB701,  5;  Laws 2019, LB29,  3;  Laws 2020, LB755,  3;  Laws 2022, LB905,  8.   Effective Date: July 21, 2022  
38-2002.  Definitions, where found.For the purposes of the Medicine and Surgery Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2003 to 38-2022 apply.Source   Laws 1969, c. 560,  7, p. 2283;  Laws 1971, LB 150,  4;  Laws 1989, LB 342,  17;  Laws 1996, LB 1044,  425;  Laws 1999, LB 828,  83;   R.S.1943, (2003),  71-1,107.01;  Laws 2007, LB463,  660;  Laws 2020, LB755,  4;  Laws 2022, LB905,  9.   Effective Date: July 21, 2022  
38-2003.  Accredited hospital, defined.Accredited hospital means a hospital accredited by the department, with the recommendation of the board.Source Laws 2007, LB463,  661. 
38-2004.  Accredited school or college of medicine, defined.An accredited school or college of medicine means one approved by the board, and such school or college shall meet and maintain generally minimum standards approved by the board. Such minimum standards shall apply equally to all accredited schools, and any school to be accredited shall permit inspections by the department.A school or college of osteopathic medicine and surgery fulfilling all such requirements shall not be refused standing as an accredited medical school because it may also specialize in giving instruction according to any special system of healing.Source   Laws 1927, c. 167,  103, p. 483;   C.S.1929,  71-1404;   Laws 1943, c. 150,  21, p. 549;   R.S.1943,  71-1,105;   Laws 1969, c. 563,  8, p. 2295;  Laws 1989, LB 342,  16;  Laws 1996, LB 1044,  422;  Laws 1999, LB 828,  81;   R.S.1943, (2003),  71-1,105;  Laws 2007, LB463,  662. 
38-2005.  Accredited school or college of osteopathic medicine, defined.An accredited school or college of osteopathic medicine means one approved by the board. An accredited school or college of osteopathic medicine shall meet and maintain general minimum standards approved by the board. The minimum standards shall apply equally to all such accredited schools and colleges. Any school or college seeking accreditation shall permit inspections by the department.Nothing in this section shall be construed to prohibit the department, with the recommendation of the board, from accepting accreditation of a school or college of osteopathic medicine by the American Osteopathic Association as evidence of meeting the specified requirements of this section or the equivalent thereof.Source   Laws 1927, c. 167,  118, p. 489;   C.S.1929,  71-1704;   R.S.1943,  71-1,140;   Laws 1969, c. 565,  4, p. 2301;   Laws 1981, LB 451,  12;  Laws 1989, LB 342,  25;  Laws 1996, LB 1044,  445;  Laws 1999, LB 828,  106;   R.S.1943, (2003),  71-1,140;  Laws 2007, LB463,  663. 
38-2006.  Acupuncture, defined.Acupuncture means the insertion, manipulation, and removal of acupuncture needles and the application of manual, mechanical, thermal, electrical, and electromagnetic treatment to such needles at specific points or meridians on the human body in an effort to promote, maintain, and restore health and for the treatment of disease, based on acupuncture theory. Acupuncture may include the recommendation of therapeutic exercises, dietary guidelines, and nutritional support to promote the effectiveness of the acupuncture treatment. Acupuncture does not include manipulation or mobilization of or adjustment to the spine, extraspinal manipulation, or the practice of medical nutrition therapy.Source  Laws 2001, LB 270,  8;  Laws 2003, LB 242,  80;   R.S.1943, (2003),  71-1,344;  Laws 2007, LB463,  664. 
38-2007.  Acupuncturist, defined.Acupuncturist means a person engaged in the practice of acupuncture.Source Laws 2007, LB463,  665. 
38-2008.  Approved program, defined.Approved program means a program for the education of physician assistants which is accredited by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor agency and which the board formally approves.Source  Laws 2007, LB463,  666;  Laws 2009, LB195,  37;  Laws 2020, LB755,  5.  
38-201.  Act, how cited.Sections 38-201 to 38-213 shall be known and may be cited as the Advanced Practice Registered Nurse Practice Act.Source  Laws 2005, LB 256,  36;   R.S.Supp.,2006,  71-17,131;  Laws 2007, LB463,  140;  Laws 2022, LB905,  1.   Effective Date: July 21, 2022  
38-2010.  Board, defined.Board means the Board of Medicine and Surgery.Source Laws 2007, LB463,  668. 
38-2011.  Committee, defined.Committee means the Physician Assistant Committee created in section 38-2056.Source Laws 2007, LB463,  669. 
38-2012.  Fellowship, defined.Fellowship means a program of supervised educational training, approved by the board, in a medical specialty or subspecialty at an accredited hospital, an accredited school or college of medicine, or an accredited school or college of osteopathic medicine, that follows the completion of undergraduate medical education.Source Laws 2007, LB463,  670. 
38-2013.01.  Licensed health care professional, defined.Licensed health care professional means a physician, an osteopathic physician, or a physician assistant licensed pursuant to the Uniform Credentialing Act.Source  Laws 2022, LB905,  10.   Effective Date: July 21, 2022  
38-2013.02.  Perinatal mental health disorder, defined.Perinatal mental health disorder means a mental health condition that occurs during pregnancy or during the postpartum period, including depression, anxiety, or postpartum psychosis.Source  Laws 2022, LB905,  11.   Effective Date: July 21, 2022  
38-2013.  Graduate medical education or residency, defined.Graduate medical education or residency means a program of supervised educational training, approved by the board, in a medical specialty at an accredited hospital, an accredited school or college of medicine, or an accredited school or college of osteopathic medicine, that follows the completion of undergraduate medical education.Source Laws 2007, LB463,  671. 
38-2014.01.  Physician group, defined.Physician group means two or more physicians practicing medicine within or employed by the same business entity.Source Laws 2020, LB755,  7. 
38-2014.02.  Postnatal care, defined.Postnatal care means an office visit to a licensed health care professional occurring after birth, with reference to the infant or mother.Source  Laws 2022, LB905,  12.   Effective Date: July 21, 2022  
38-2014.03.  Prenatal care, defined.Prenatal care means an office visit to a licensed health care professional for pregnancy-related care occurring before birth.Source  Laws 2022, LB905,  13.   Effective Date: July 21, 2022  
38-2014.  Physician assistant, defined.Physician assistant means any person who graduates from an approved program, who has passed a proficiency examination, and who the department, with the recommendation of the board, approves to perform medical services under a collaborative agreement with the supervision of a physician or under a collaborative agreement with the supervision of a podiatrist as provided by section 38-3013.Source  Laws 1973, LB 101,  2;   R.S.Supp.,1973,  85-179.05;  Laws 1985, LB 132,  2;  Laws 1993, LB 316,  1;  Laws 1996, LB 1044,  436;   Laws 1996, LB 1108,  8;  Laws 1999, LB 828,  92;  Laws 2001, LB 209,  8;   R.S.1943, (2003),  71-1,107.16;  Laws 2007, LB296,  338;  Laws 2007, LB463,  672;  Laws 2009, LB195,  38;  Laws 2020, LB755,  6.  
38-2015.01.  Questionnaire, defined.Questionnaire means a screening tool administered by a licensed health care professional to detect perinatal mental health disorders, such as the Edinburgh Postnatal Depression Scale, the Postpartum Depression Screening Scale, the Beck Depression Inventory, the Patient Health Questionnaire, or other validated screening methods.Source  Laws 2022, LB905,  14.   Effective Date: July 21, 2022  
38-2015.  Proficiency examination, defined.Proficiency examination means the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants.Source  Laws 2007, LB463,  673;  Laws 2009, LB195,  39. 
38-2016.  Refresher course, defined.Refresher course means a planned program of supervised educational training, approved by the board, that provides a review of medical knowledge and skills for the purpose of the enhancement of clinical competency.Source Laws 2007, LB463,  674. 
38-2017.  Supervising physician, defined.Supervising physician means a licensed physician who supervises a physician assistant under a collaborative agreement.Source  Laws 2007, LB463,  675;  Laws 2009, LB195,  40;  Laws 2020, LB755,  8.  
38-2018.  Supervision, defined.Supervision means the ready availability of the supervising physician for consultation and collaboration on the activities of the physician assistant.Source  Laws 2007, LB463,  676;  Laws 2009, LB195,  41;  Laws 2020, LB755,  9.  
38-2019.  Temporary educational permit, defined.Temporary educational permit means a permit to practice medicine and surgery, osteopathic medicine and surgery, or any of their allied specialties in graduate medical education, a fellowship, or a refresher course.Source Laws 2007, LB463,  677. 
38-202.  Legislative findings and declarations.The Legislature finds and declares that:(1) Because of the geographic maldistribution of health care services in Nebraska, it is necessary to utilize the skills and proficiency of existing health professionals more efficiently;(2) It is necessary to encourage the more effective utilization of the skills of registered nurses by enabling them to perform advanced roles in nursing; and(3) The purpose of the Advanced Practice Registered Nurse Practice Act is to encourage registered nurses to perform advanced roles in nursing.Source  Laws 2005, LB 256,  37;   R.S.Supp.,2006,  71-17,132;  Laws 2007, LB463,  141. 
38-2020.  Trainee, defined.Trainee means any person who is currently enrolled in an approved program.Source Laws 2007, LB463,  678. 
38-2021.  Unprofessional conduct, defined.Unprofessional conduct means any departure from or failure to conform to the standards of acceptable and prevailing practice of medicine and surgery or the ethics of the profession, regardless of whether a person, patient, or entity is injured, or conduct that is likely to deceive or defraud the public or is detrimental to the public interest, including, but not limited to:(1) Performance by a physician of an abortion as defined in subdivision (1) of section 28-326 under circumstances when he or she will not be available for a period of at least forty-eight hours for postoperative care unless such postoperative care is delegated to and accepted by another physician;(2) Performing an abortion upon a minor without having satisfied the requirements of sections 71-6901 to 71-6911;(3) The intentional and knowing performance of a partial-birth abortion as defined in subdivision (8) of section 28-326, unless such procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; and(4) Performance by a physician of an abortion in violation of the Pain-Capable Unborn Child Protection Act.Source  Laws 2007, LB463,  679;  Laws 2010, LB594,  16;  Laws 2010, LB1103,  12;  Laws 2011, LB690,  1;  Laws 2020, LB814,  10.  Cross References  Pain-Capable Unborn Child Protection Act, see section 28-3,102.
38-2022.  Visiting faculty permit, defined.Visiting faculty permit means a permit for a physician qualified by virtue of previous medical training and experience to teach students of medicine, to conduct research, or both.Source Laws 2007, LB463,  680. 
38-2023.  Board; membership; qualifications.The board shall consist of eight members, including at least two public members. Two of the six professional members of the board shall be officials or members of the instructional staff of an accredited medical school in this state. One of the six professional members of the board shall be a person who has a license to practice osteopathic medicine and surgery in this state. Beginning December 1, 2020, one of the six professional members of the board shall be a physician with experience in practice with physician assistants.Source  Laws 2007, LB463,  681;  Laws 2020, LB755,  10.  
38-2024.  Practice of medicine and surgery, defined.For purposes of the Uniform Credentialing Act, and except as provided in section 38-2025 or as otherwise provided by law, the following classes of persons shall be deemed to be engaged in the practice of medicine and surgery:(1) Persons who publicly profess to be physicians or surgeons or publicly profess to assume the duties incident to the practice of medicine, surgery, or any of their branches;(2) Persons who prescribe and furnish medicine for some illness, disease, ailment, injury, pain, deformity, or any physical or mental condition, or treat the same by surgery;(3) Persons holding themselves out to the public as being qualified in the diagnosis or treatment of diseases, ailments, pain, deformity, or any physical or mental condition, or injuries of human beings;(4) Persons who suggest, recommend, or prescribe any form of treatment for the intended palliation, relief, or cure of any physical or mental ailment of any person;(5) Persons who maintain an office for the examination or treatment of persons afflicted with ailments, diseases, injuries, pain, deformity, or any physical or mental condition of human beings;(6) Persons who attach to their name the title of M.D., surgeon, physician, physician and surgeon, or any word or abbreviation and who indicate that they are engaged in the treatment or diagnosis of ailments, diseases, injuries, pain, deformity, infirmity, or any physical or mental condition of human beings; and(7) Persons who are physically located in another state but who, through the use of any medium, including an electronic medium, perform for compensation any service which constitutes the healing arts that would affect the diagnosis or treatment of an individual located in this state.Source   Laws 1927, c. 167,  100, p. 482;   C.S.1929,  71-1401;   Laws 1943, c. 150,  18, p. 546;   R.S.1943,  71-1,102;   Laws 1969, c. 563,  1, p. 2291;  Laws 1997, LB 452,  1;  Laws 2006, LB 833,  2;   R.S.Supp.,2006,  71-1,102;  Laws 2007, LB463,  682. Cross References   Alcoholic liquor, possession and use in practice, see section 53-168.06.  Physician's lien for services, see section 52-401 et seq. Annotations  Person engaging in the practice of medicine and surgery without a license may be restrained by injunction. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941). An emergency exists when the exigency is of so pressing a character that action must be taken before the services of a regularly qualified medical practitioner can be readily procured. Williams v. State, 118 Neb. 281, 224 N.W. 286 (1929). Practice of naprapathy was within definition of practice of medicine of former statute and unlawful unless statutory license obtained. Carpenter v. State, 106 Neb. 742, 184 N.W. 941 (1921). Sale of patent medicines by itinerant vendor does not constitute practice of medicine. Watkins Medical Co. v. Hunt, 104 Neb. 266, 177 N.W. 462 (1920). Healing by manipulation and adjustment of nerves, bones, and tissues was practicing medicine, within the definition of former statute. Harvey v. State, 96 Neb. 786, 148 N.W. 924 (1914). A corporation of licensed physicians making contracts for the services of its members was not practicing medicine within the definition of former statute. State Electro-Medical Institute v. State, 74 Neb. 40, 103 N.W. 1078 (1905). Former statute defining the practice of medicine construed to include the practice of Christian Science healing. State v. Buswell, 40 Neb. 158, 58 N.W. 728 (1894), 24 L.R.A. 68 (1894). 
38-2025.  Medicine and surgery; practice; persons excepted.The following classes of persons shall not be construed to be engaged in the unauthorized practice of medicine:(1) Persons rendering gratuitous services in cases of emergency;(2) Persons administering ordinary household remedies;(3) The members of any church practicing its religious tenets, except that they shall not prescribe or administer drugs or medicines, perform surgical or physical operations, nor assume the title of or hold themselves out to be physicians, and such members shall not be exempt from the quarantine laws of this state;(4) Students of medicine who are studying in an accredited school or college of medicine and who gratuitously prescribe for and treat disease under the supervision of a licensed physician;(5) Physicians who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;(6) Physicians who are licensed in good standing to practice medicine under the laws of another state when incidentally called into this state or contacted via electronic or other medium for consultation with a physician licensed in this state. For purposes of this subdivision, consultation means evaluating the medical data of the patient as provided by the treating physician and rendering a recommendation to such treating physician as to the method of treatment or analysis of the data. The interpretation of a radiological image by a physician who specializes in radiology is not a consultation;(7) Physicians who are licensed in good standing to practice medicine in another state but who, from such other state, order diagnostic or therapeutic services on an irregular or occasional basis, to be provided to an individual in this state, if such physicians do not maintain and are not furnished for regular use within this state any office or other place for the rendering of professional services or the receipt of calls;(8) Physicians who are licensed in good standing to practice medicine in another state and who, on an irregular and occasional basis, are granted temporary hospital privileges to practice medicine and surgery at a hospital or other medical facility licensed in this state;(9) Persons providing or instructing as to use of braces, prosthetic appliances, crutches, contact lenses, and other lenses and devices prescribed by a physician licensed to practice medicine while working under the direction of such physician;(10) Dentists practicing their profession when licensed and practicing in accordance with the Dentistry Practice Act;(11) Optometrists practicing their profession when licensed and practicing under and in accordance with the Optometry Practice Act;(12) Osteopathic physicians practicing their profession if licensed and practicing under and in accordance with sections 38-2029 to 38-2033;(13) Chiropractors practicing their profession if licensed and practicing under the Chiropractic Practice Act;(14) Podiatrists practicing their profession when licensed to practice in this state and practicing under and in accordance with the Podiatry Practice Act;(15) Psychologists practicing their profession when licensed to practice in this state and practicing under and in accordance with the Psychology Interjurisdictional Compact or the Psychology Practice Act;(16) Advanced practice registered nurses practicing in their clinical specialty areas when licensed under the Advanced Practice Registered Nurse Practice Act and practicing under and in accordance with their respective practice acts;(17) Surgical first assistants practicing in accordance with the Surgical First Assistant Practice Act;(18) Persons licensed or certified under the laws of this state to practice a limited field of the healing art, not specifically named in this section, when confining themselves strictly to the field for which they are licensed or certified, not assuming the title of physician, surgeon, or physician and surgeon, and not professing or holding themselves out as qualified to prescribe drugs in any form or to perform operative surgery;(19) Persons obtaining blood specimens while working under an order of or protocols and procedures approved by a physician, registered nurse, or other independent health care practitioner licensed to practice by the state if the scope of practice of that practitioner permits the practitioner to obtain blood specimens;(20) Physicians who are licensed in good standing to practice medicine under the laws of another state or jurisdiction who accompany an athletic team or organization into this state for an event from the state or jurisdiction of licensure. This exemption is limited to treatment provided to such athletic team or organization while present in Nebraska;(21) Persons who are not licensed, certified, or registered under the Uniform Credentialing Act, to whom are assigned tasks by a physician or osteopathic physician licensed under the Medicine and Surgery Practice Act, if such assignment of tasks is in a manner consistent with accepted medical standards and appropriate to the skill and training, on the job or otherwise, of the persons to whom the tasks are assigned. For purposes of this subdivision, assignment of tasks means the routine care, activities, and procedures that (a) are part of the routine functions of such persons who are not so licensed, certified, or registered, (b) reoccur frequently in the care of a patient or group of patients, (c) do not require such persons who are not so licensed, certified, or registered to exercise independent clinical judgment, (d) do not require the performance of any complex task, (e) have results which are predictable and have minimal potential risk, and (f) utilize a standard and unchanging procedure; and(22) Other trained persons employed by a licensed health care facility or health care service defined in the Health Care Facility Licensure Act or clinical laboratory certified pursuant to the federal Clinical Laboratories Improvement Act of 1967, as amended, or Title XVIII or XIX of the federal Social Security Act to withdraw human blood for scientific or medical purposes.Any person who has held or applied for a license to practice medicine and surgery in this state, and such license or application has been denied or such license has been refused renewal or disciplined by order of limitation, suspension, or revocation, shall be ineligible for the exceptions described in subdivisions (5) through (8) of this section until such license or application is granted or such license is renewed or reinstated. Every act or practice falling within the practice of medicine and surgery as defined in section 38-2024 and not specially excepted in this section shall constitute the practice of medicine and surgery and may be performed in this state only by those licensed by law to practice medicine in Nebraska.Source   Laws 1927, c. 167,  101, p. 482;   C.S.1929,  71-1402;   Laws 1943, c. 150,  19, p. 547;   R.S.1943,  71-1,103;   Laws 1961, c. 337,  12, p. 1056;   Laws 1969, c. 563,  2, p. 2291;   Laws 1969, c. 564,  1, p. 2297;  Laws 1971, LB 150,  1;  Laws 1984, LB 724,  1;  Laws 1989, LB 342,  15;  Laws 1991, LB 2,  11;   Laws 1992, LB 291,  17;   Laws 1992, LB 1019,  40;  Laws 1994, LB 1210,  55;  Laws 1996, LB 414,  3;  Laws 1996, LB 1044,  420;  Laws 1997, LB 452,  2;  Laws 1999, LB 366,  9;  Laws 1999, LB 828,  78;  Laws 2000, LB 819,  86;  Laws 2000, LB 1115,  14;  Laws 2002, LB 1062,  17;  Laws 2005, LB 256,  23;  Laws 2006, LB 833,  3;   R.S.Supp.,2006,  71-1,103;  Laws 2007, LB463,  683;  Laws 2016, LB721,  20;  Laws 2018, LB1034,  30;  Laws 2020, LB783,  1.  Cross References   Advanced Practice Registered Nurse Practice Act, see section 38-201.  Chiropractic Practice Act, see section 38-801.  Dentistry Practice Act, see section 38-1101.  Health Care Facility Licensure Act, see section 71-401.  Optometry Practice Act, see section 38-2601.  Podiatry Practice Act, see section 38-3001.  Psychology Interjurisdictional Compact, see section 38-3901.  Psychology Practice Act, see section 38-3101.  Surgical First Assistant Practice Act, see section 38-3501. Annotations  Indictment charging illegal practice of medicine need not contain negative averments relative to exceptions set forth in this section. Carpenter v. State, 106 Neb. 742, 184 N.W. 941 (1921). Information charging illegal practice of medicine under former statute was not defective for failure to contain negative averments relative to exceptions set forth in this section. Sofield v. State, 61 Neb. 600, 85 N.W. 840 (1901). Under former statute a person not licensed to practice medicine or exempted from the provisions of the statute, who treated physical or mental ailments for pay, was liable to prosecution even though he acted under direction of a licensed physician or surgeon. State v. Paul, 56 Neb. 369, 76 N.W. 861 (1898). 
38-2026.01.  Reentry license; issuance; qualifications; department; powers; supervision; conversion of license; period valid; renewal.(1) The department, with the recommendation of the board, may issue a reentry license to a physician who has not actively practiced medicine for the two-year period immediately preceding the filing of an application for a reentry license or who has not otherwise maintained continued competency during such period as determined by the board.(2) To qualify for a reentry license, the physician shall meet the same requirements for licensure as a regular licensee and submit to evaluations, assessments, and an educational program as required by the board.(3) If the board conducts an assessment and determines that the applicant requires a period of supervised practice, the department, with the recommendation of the board, may issue a reentry license allowing the applicant to practice medicine under supervision as specified by the board. After satisfactory completion of the period of supervised practice as determined by the board, the reentry licensee may apply to the department to convert the reentry license to a license issued under section 38-2026.(4) After an assessment and the completion of any educational program that has been prescribed, if the board determines that the applicant is competent and qualified to practice medicine without supervision, the department, with the recommendation of the board, may convert the reentry license to a license issued under section 38-2026.(5) A reentry license shall be valid for one year and may be renewed for up to two additional years if approved by the department, with the recommendation of the board.(6) The issuance of a reentry license shall not constitute a disciplinary action.Source Laws 2011, LB406,  3.
38-2026.  Medicine and surgery; license; qualifications; foreign medical graduates; requirements.Except as otherwise provided in sections 38-2026.01 and 38-2027, each applicant for a license to practice medicine and surgery shall:(1)(a) Present proof that he or she is a graduate of an accredited school or college of medicine, (b) if a foreign medical graduate, provide a copy of a permanent certificate issued by the Educational Commission for Foreign Medical Graduates that is currently effective and relates to such applicant or provide such credentials as are necessary to certify that such foreign medical graduate has successfully passed the Visa Qualifying Examination or its successor or equivalent examination required by the United States Department of Health and Human Services and the United States Citizenship and Immigration Services, or (c) if a graduate of a foreign medical school who has successfully completed a program of American medical training designated as the Fifth Pathway and who additionally has successfully passed the Educational Commission for Foreign Medical Graduates examination but has not yet received the permanent certificate attesting to the same, provide such credentials as certify the same to the Division of Public Health of the Department of Health and Human Services;(2) Present proof that he or she has served at least one year of graduate medical education approved by the board or, if a foreign medical graduate, present proof that he or she has served at least two years of graduate medical education approved by the board;(3) Pass a licensing examination approved by the board covering appropriate medical subjects; and(4) Present proof satisfactory to the department that he or she, within the three years immediately preceding the application for licensure, (a) has been in the active practice of the profession of medicine and surgery in some other state, a territory, the District of Columbia, or Canada for a period of one year, (b) has had at least one year of graduate medical education as described in subdivision (2) of this section, (c) has completed continuing education in medicine and surgery approved by the board, (d) has completed a refresher course in medicine and surgery approved by the board, or (e) has completed the special purposes examination approved by the board.Source   Laws 1927, c. 167,  102, p. 483;   C.S.1929,  71-1403;   Laws 1943, c. 150,  20, p. 548;   R.S.1943,  71-1,104;   Laws 1963, c. 408,  6, p. 1312;   Laws 1969, c. 563,  3, p. 2293;  Laws 1971, LB 150,  2;  Laws 1975, LB 92,  3;   Laws 1976, LB 877,  25;  Laws 1978, LB 761,  1;  Laws 1985, LB 250,  13;  Laws 1987, LB 390,  1;  Laws 1990, LB 1064,  13;  Laws 1991, LB 400,  22;  Laws 1994, LB 1210,  56;  Laws 1994, LB 1223,  14;  Laws 1996, LB 1044,  421;  Laws 1999, LB 828,  79;  Laws 2002, LB 1062,  18;  Laws 2003, LB 242,  39;   R.S.1943, (2003),  71-1,104;  Laws 2007, LB296,  332;  Laws 2007, LB463,  684;  Laws 2011, LB406,  2;  Laws 2018, LB1034,  31.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.Annotations The practice of chiropractic and the practice of medicine are distinct professions with different licensing requirements. Nelsen v. Grzywa, 9 Neb. App. 702, 618 N.W.2d 472 (2000).
38-2027.  Department; waiver of requirements; authorized; conditions; disciplinary action authorized.(1) The department, with the recommendation of the board, may waive any requirement for more than one year of approved graduate medical education, as set forth in subdivision (2) of section 38-2026, if the applicant has served at least one year of graduate medical education approved by the board and if the following conditions are met:(a) The applicant meets all other qualifications for a license to practice medicine and surgery;(b) The applicant submits satisfactory proof that the issuance of a license based on the waiver of the requirement of more than one year of approved graduate medical education will not jeopardize the health, safety, and welfare of the citizens of this state; and(c) The applicant submits proof that he or she will enter into the practice of medicine in a health profession shortage area designated as such by the Nebraska Rural Health Advisory Commission immediately upon obtaining a license to practice medicine and surgery based upon a waiver of the requirement for more than one year of graduate medical education.(2) A license issued on the basis of such a waiver shall be subject to the limitation that the licensee continue in practice in the health profession shortage area and such other limitations, if any, deemed appropriate under the circumstances by the director, with the recommendation of the board, which may include, but shall not be limited to, supervision by a medical practitioner, training, education, and scope of practice. After two years of practice under a limited license issued on the basis of a waiver of the requirement of more than one year of graduate medical education, a licensee may apply to the department for removal of the limitations. The director, with the recommendation of the board, may grant or deny such application or may continue the license with limitations.(3) In addition to any other grounds for disciplinary action against the license contained in the Uniform Credentialing Act, the department may take disciplinary action against a license granted on the basis of a waiver of the requirement of more than one year of graduate medical education for violation of the limitations on the license.Source Laws 2007, LB463,  685. 
38-2028.  Reciprocity; requirements; military spouse; temporary license.(1) An applicant for a license to practice medicine and surgery based on a license in another state or territory of the United States or the District of Columbia shall comply with the requirements of the Interstate Medical Licensure Compact beginning on the effective date of the compact or meet the standards set by the board pursuant to section 38-126, except that an applicant who has not passed one of the licensing examinations specified in the rules and regulations but has been duly licensed to practice medicine and surgery in some other state or territory of the United States of America or in the District of Columbia and obtained that license based upon a state examination, as approved by the board, may be issued a license by the department, with the recommendation of the board, to practice medicine and surgery.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  686;  Laws 2017, LB88,  62.  Cross References  Interstate Medical Licensure Compact, see section 38-3601.
38-2029.  Practice as osteopathic physicians, defined.(1) For purposes of the Uniform Credentialing Act, the following classes of persons shall be deemed to be engaged in practice as osteopathic physicians:(a) Persons publicly professing to be osteopathic physicians or publicly professing to assume the duties incident to the practice of osteopathic physicians; and(b) Persons who are graduates of a school or college of osteopathic medicine and who treat human ailments by that system of the healing art which was advocated and taught by the school or college of osteopathic medicine from which such person graduated at the time of his or her graduation as determined by the department, with the recommendation of the board.(2) No license issued to osteopathic physicians under the Medicine and Surgery Practice Act shall authorize the person so licensed to perform surgical procedures except those usually performed by general practitioners, as determined by the department, with the recommendation of the board.(3) Nothing in this section shall be construed to prohibit an osteopathic physician licensed in accordance with the act from serving as an assistant in surgery more complex than that usually performed by general practitioners, as determined by the department, with the recommendation of the board, when such surgery is performed by an osteopathic physician licensed pursuant to section 38-2032 or by an osteopathic physician or doctor of medicine licensed pursuant to section 38-2026. In no event shall this section or section 38-2032 be construed as authorizing any physician to engage in any procedure which he or she is not qualified by training to perform according to the standards prevailing in the State of Nebraska at the time.(4) Persons who are licensed to practice as osteopathic physicians who have demonstrated to the department, with the recommendation of the board, that they have acquired adequate training and knowledge for such purpose and have been so authorized by the department, with the recommendation of the board, may prescribe and administer drugs and medicines.Source   Laws 1927, c. 167,  115, p. 488;   C.S.1929,  71-1701;   R.S.1943,  71-1,137;   Laws 1969, c. 565,  1, p. 2299;  Laws 1972, LB 1498,  2;   Laws 1981, LB 451,  9;  Laws 1989, LB 342,  21;  Laws 1996, LB 1044,  442;  Laws 1999, LB 828,  103;   R.S.1943, (2003),  71-1,137;  Laws 2007, LB463,  687. Annotations  Osteopath may operate hospital. Morgan v. State, 155 Neb. 247, 51 N.W.2d 382 (1952). The practice of osteopathy consists of a system of manipulation of the limbs and body of the patient with the hands by kneading, rubbing or pressing upon the parts of the body. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941). The practice of osteopathy is regulated by statute and requires a license. Harvey v. State, 96 Neb. 786, 148 N.W. 924 (1914). 
38-203.  Definitions, where found.For purposes of the Advanced Practice Registered Nurse Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-204 to 38-204.04 apply.Source  Laws 2005, LB 256,  38;   R.S.Supp.,2006,  71-17,133;  Laws 2007, LB463,  142;  Laws 2022, LB905,  2.   Effective Date: July 21, 2022  
38-2030.  Practice as osteopathic physicians; persons excepted.For purposes of the Uniform Credentialing Act, the following classes of persons shall not be construed as engaged in practice as osteopathic physicians:(1) Licensed physicians and surgeons, podiatrists, nurses, and dentists who are exclusively engaged in the practice of their respective professions;(2) Physicians and surgeons who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment; and(3) Osteopathic physicians licensed in another state when incidentally called into this state in consultation with a licensed physician or an osteopathic physician licensed in this state.Source   Laws 1927, c. 167,  116, p. 488;   C.S.1929,  71-1702;   R.S.1943,  71-1,138;   Laws 1961, c. 337,  13, p. 1057;   Laws 1969, c. 565,  2, p. 2300;  Laws 1989, LB 342,  22;   R.S.1943, (2003),  71-1,138;  Laws 2007, LB463,  688. 
38-2031.  Osteopathic physician; license; requirements.Every applicant for a license to practice as an osteopathic physician shall (1) present proof of having completed a four-year course in an accredited high school or its equivalent, (2) present proof of having graduated from an accredited school or college of osteopathic medicine, and (3) pass an examination, as approved by the board, in the science of osteopathy and the practice of the same.Source   Laws 1927, c. 167,  117, p. 489;   C.S.1929,  71-1703;   R.S.1943,  71-1,139;   Laws 1981, LB 451,  10;  Laws 1989, LB 342,  23;  Laws 1996, LB 1044,  443;  Laws 1997, LB 752,  159;  Laws 1999, LB 828,  104;   R.S.1943, (2003),  71-1,139;  Laws 2007, LB463,  689. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2032.  Osteopathic physician; license; additional requirements.(1) If a person (a) has graduated from an accredited school or college of osteopathic medicine since January 1, 1963, (b) meets all statutory requirements for licensure as an osteopathic physician, (c) has served one year of internship or its equivalent at an institution approved for such training by the board, (d) after his or her internship, has taken and passed the examination provided in section 38-2026, and (e) presents proof satisfactory to the department, with the recommendation of the board, that he or she, within the three years immediately preceding the application for licensure, (i) has been in the active practice of the profession of osteopathic medicine and surgery in some other state, a territory, the District of Columbia, or Canada for a period of one year, (ii) has had one year of graduate medical education as described in subdivision (1)(c) of this section, (iii) has completed continuing education in medicine and surgery or osteopathic medicine and surgery approved by the board, (iv) has completed a refresher course in medicine and surgery or osteopathic medicine and surgery approved by the board, or (v) has completed the special purposes examination approved by the board, such person, upon making application therefor, shall receive a license as a Doctor of Osteopathic Medicine and Surgery which shall qualify such person to practice osteopathic medicine and surgery.(2) With respect to persons who have graduated from an accredited school or college of osteopathic medicine prior to January 1, 1963, the department, with the recommendation of the board, may issue a license to practice osteopathic medicine and surgery to any such graduate who meets all the requirements for issuance of such license except graduation from an accredited school or college of osteopathic medicine after January 1, 1963.Source   Laws 1963, c. 408,  1, p. 1310;   Laws 1969, c. 565,  3, p. 2301;   Laws 1981, LB 451,  11;  Laws 1989, LB 342,  24;  Laws 1996, LB 1044,  444;  Laws 1999, LB 828,  105;  Laws 2002, LB 1062,  33;   R.S.1943, (2003),  71-1,139.01;  Laws 2007, LB463,  690. 
38-2033.  Osteopathic physician; license; scope.(1) With respect to licenses issued pursuant to sections 38-2031 and 38-2032 and any renewals thereof, the department shall designate the extent of such practice as follows:(a) License to practice as an osteopathic physician; or(b) License to practice osteopathic medicine and surgery.(2) Every license issued under sections 38-2031 and 38-2032 shall confer upon the holder thereof the right to practice osteopathic medicine and surgery as taught in the schools or colleges of osteopathic medicine recognized by the American Osteopathic Association in the manner and to the extent provided by such license.Source   Laws 1927, c. 167,  119, p. 490;   C.S.1929,  71-1705;   R.S.1943,  71-1,141;   Laws 1969, c. 565,  5, p. 2302;  Laws 1989, LB 342,  26;  Laws 1996, LB 1044,  446;   R.S.1943, (2003),  71-1,141;  Laws 2007, LB296,  343;  Laws 2007, LB463,  691. Annotations The practice of obstetrics and the use of anaesthetics, though not within the definition of osteopathy, has by legislative action been included within the scope of the license to practice osteopathy. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941).
38-2034.  Applicant; reciprocity; requirements; military spouse; temporary license.(1) An applicant for a license to practice osteopathic medicine and surgery based on a license in another state or territory of the United States or the District of Columbia shall comply with the requirements of the Interstate Medical Licensure Compact beginning on the effective date of the compact or meet the standards set by the board pursuant to section 38-126, except that an applicant who has not passed one of the licensing examinations specified in the rules and regulations but has been duly licensed to practice osteopathic medicine and surgery in some other state or territory of the United States of America or in the District of Columbia and obtained that license based upon a state examination, as approved by the board, may be issued a license by the department, upon the recommendation of the board, to practice osteopathic medicine and surgery.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  692;  Laws 2017, LB88,  63.  Cross References  Interstate Medical Licensure Compact, see section 38-3601.
38-2035.  Applicant; examination; retaking examination.Applicants for licensure in medicine and surgery and osteopathic medicine and surgery shall pass the licensing examination. An applicant who fails to pass any part of the licensing examination within four attempts shall complete one additional year of postgraduate medical education at an accredited school or college of medicine or osteopathic medicine. All parts of the licensing examination shall be successfully completed within ten years. An applicant who fails to successfully complete the licensing examination within the time allowed shall retake that part of the examination which was not completed within the time allowed.Source Laws 2007, LB463,  693. 
38-2036.  Physician locum tenens; issuance authorized; conditions; term.A physician locum tenens may be issued by the department, with the recommendation of the board, to an individual who holds an active license to practice medicine and surgery or osteopathic medicine and surgery in another state when circumstances indicate a need for the issuance of a physician locum tenens in the State of Nebraska. A physician locum tenens may be issued for a period not to exceed ninety days in any twelve-month period.Source Laws 2007, LB463,  694. 
38-2037.  Additional grounds for disciplinary action.In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a license to practice medicine and surgery or osteopathic medicine and surgery or a license to practice as a physician assistant may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee fails to comply with the provisions of section 71-603.01, 71-604, 71-605, or 71-606 relating to the signing of birth and death certificates.Source  Laws 2007, LB463,  695;  Laws 2009, LB195,  42. 
38-2038.  Temporary educational or visiting faculty permit; use.The holder of a temporary educational permit or of a visiting faculty permit shall be entitled to practice medicine and surgery and any of its allied specialties, including prescribing medicine and controlled substances, while serving in graduate medical education, a fellowship, or a refresher course in the State of Nebraska, but neither the holder of a temporary educational permit nor the holder of a visiting faculty permit shall be qualified to engage in the practice of medicine and surgery or any of its allied specialties within the State of Nebraska and outside of the assigned graduate medical education, fellowship, refresher course, teaching program, or research program.Source   Laws 1969, c. 560,  9, p. 2283;  Laws 1971, LB 150,  6;   R.S.1943, (2003),  71-1,107.03;  Laws 2007, LB463,  696. 
38-2039.  Temporary educational permit; application; department; duties.Before granting any temporary educational permit, the department, with the recommendation of the board, shall ascertain that an authorized provider of graduate medical education, a fellowship, or a refresher course has requested the issuance of a temporary educational permit for an applicant to participate in its graduate medical education, fellowship, or refresher course for the period involved.Source   Laws 1969, c. 560,  13, p. 2284;  Laws 1971, LB 150,  10;  Laws 1996, LB 1044,  430;   R.S.1943, (2003),  71-1,107.07;  Laws 2007, LB296,  336;  Laws 2007, LB463,  697. 
38-204.01.  Perinatal mental health disorder, defined.Perinatal mental health disorder means a mental health condition that occurs during pregnancy or during the postpartum period, including depression, anxiety, or postpartum psychosis.Source  Laws 2022, LB905,  3.   Effective Date: July 21, 2022  
38-204.02.  Postnatal care, defined.Postnatal care means an office visit to an advanced practice registered nurse occurring after birth, with reference to the infant or mother.Source  Laws 2022, LB905,  4.   Effective Date: July 21, 2022  
38-204.03.  Prenatal care, defined.Prenatal care means an office visit to an advanced practice registered nurse for pregnancy-related care occurring before birth.Source  Laws 2022, LB905,  5.   Effective Date: July 21, 2022  
38-204.04.  Questionnaire, defined.Questionnaire means a screening tool administered by an advanced practice registered nurse to detect perinatal mental health disorders, such as the Edinburgh Postnatal Depression Scale, the Postpartum Depression Screening Scale, the Beck Depression Inventory, the Patient Health Questionnaire, or other validated screening methods.Source  Laws 2022, LB905,  6.   Effective Date: July 21, 2022  
38-204.  Board, defined.Board means the Board of Advanced Practice Registered Nurses.Source Laws 2007, LB463,  143. 
38-2040.  Visiting faculty permit; application; department; duties.Before a visiting faculty permit is issued, the department, with the recommendation of the board, shall determine that an accredited school or college of medicine in the State of Nebraska has requested issuance of a visiting faculty permit for the individual involved to serve as a member of the faculty of such school or college of medicine. Any application for issuing a visiting faculty permit shall outline the faculty duties to be performed pursuant to the permit.Source   Laws 1969, c. 560,  14, p. 2284;  Laws 1971, LB 150,  11;  Laws 1996, LB 1044,  431;   R.S.1943, (2003),  71-1,107.08;  Laws 2007, LB296,  337;  Laws 2007, LB463,  698. 
38-2041.  Temporary educational or visiting faculty permits; recommend, when.The recommendation of the board for the issuance of any temporary educational permits or any visiting faculty permits shall be made at regular meetings of such board, but the chairperson or one other member of the board shall have the power to recommend the issuance of such permits between the meetings of the board.Source   Laws 1969, c. 560,  15, p. 2285;  Laws 1971, LB 150,  12;  Laws 1999, LB 828,  87;   R.S.1943, (2003),  71-1,107.09;  Laws 2007, LB463,  699. 
38-2042.  Temporary educational or visiting faculty permit; duration; renewal.The duration of any temporary educational or visiting faculty permit shall be determined by the department but in no case shall it be in excess of one year. The permit may be renewed annually as long as the holder of a temporary educational permit is still enrolled and participating in the program of supervised educational training or as long as the holder of a visiting faculty permit is still teaching students of medicine or conducting research.Source   Laws 1969, c. 560,  12, p. 2284;  Laws 1971, LB 150,  9;  Laws 1989, LB 342,  18;  Laws 1996, LB 1044,  429;   R.S.1943, (2003),  71-1,107.06;  Laws 2007, LB296,  335;  Laws 2007, LB463,  700. 
38-2043.  Temporary educational or visiting faculty permit; disciplinary action; grounds.Any temporary educational or visiting faculty permit may be suspended, limited, or revoked by the department, with the recommendation of the board, at any time upon a finding that the reasons for issuing such permit no longer exist or that the person to whom such permit has been issued is no longer qualified to hold such permit.Source   Laws 1969, c. 560,  17, p. 2285;  Laws 1971, LB 150,  14;  Laws 1996, LB 1044,  433;  Laws 1999, LB 828,  89;   R.S.1943, (2003),  71-1,107.11;  Laws 2007, LB463,  701. 
38-2044.  Temporary educational permit; to whom issued; qualifications.A temporary educational permit may be issued to graduates of foreign schools or colleges of medicine or to individuals if the applicant, in addition to meeting the other requirements for the issuance of such permit, presents to the department a copy of a permanent certificate of the Educational Commission on Foreign Medical Graduates currently effective and relating to such applicant or, in lieu thereof, such credentials as are necessary to certify to successful passage of the Visa Qualifying Examination, or its successor or equivalent examination, required by the United States Department of Health and Human Services and the United States Citizenship and Immigration Services or, if a graduate of a foreign medical school who has successfully completed a program of American medical training designated as the Fifth Pathway and who additionally has successfully passed the Educational Commission on Foreign Medical Graduates examination but has not yet received a permanent certificate attesting to the same, and provides such credentials as are necessary to certify the same to the department, at such time as the department, with the recommendation of the board, determines, and, if so directed by the department, passes an examination approved by the board to measure his or her clinical competence to proceed to advanced training before advancing beyond the initial phase of the training program, and if such examination is required, pays the required fee.Source   Laws 1969, c. 560,  19, p. 2286;  Laws 1971, LB 150,  15;  Laws 1974, LB 811,  10;  Laws 1978, LB 761,  2;  Laws 1991, LB 2,  12;  Laws 1996, LB 1044,  434;  Laws 1999, LB 828,  90;  Laws 2003, LB 242,  41;   R.S.1943, (2003),  71-1,107.13;  Laws 2007, LB463,  702. 
38-2045.  Visiting faculty permit; issuance; conditions.A visiting faculty permit may be issued to graduates of foreign schools or colleges of medicine or to individuals if an accredited college or school of medicine in the State of Nebraska has requested that such permit be issued. It shall not be necessary for such applicant to provide a certificate of the Educational Commission on Foreign Medical Graduates as required in the case of temporary educational permits. If directed by the department an applicant for a visiting faculty permit may be required to pass an examination approved by the board to measure his or her clinical competence to practice medicine and if such examination is required the applicant shall pay the required fee.Source  Laws 1971, LB 150,  16;  Laws 1974, LB 811,  11;  Laws 1996, LB 1044,  435;  Laws 1999, LB 828,  91;  Laws 2003, LB 242,  42;   R.S.1943, (2003),  71-1,107.14;  Laws 2007, LB463,  703. 
38-2046.  Physician assistants; legislative findings.The Legislature finds that:(1) In its concern with the geographic maldistribution of health care services in Nebraska it is essential to develop additional health personnel; and(2) It is essential to encourage the more effective utilization of the skills of physicians and podiatrists by enabling them to delegate health care tasks to qualified physician assistants when such delegation is consistent with the patient's health and welfare.It is the intent of the Legislature to encourage the utilization of physician assistants.Source  Laws 1973, LB 101,  1;   R.S.Supp.,1973,  85-179.04;  Laws 1985, LB 132,  1;   R.S.1943, (2003),  71-1,107.15;  Laws 2007, LB463,  704;  Laws 2020, LB755,  11.  Cross References  Student loan program, Rural Health Systems and Professional Incentive Act, see section 71-5650.
38-2047.  Physician assistants; services performed; supervision requirements.(1) A physician assistant may perform medical services that (a) are delegated by and provided under the supervision of a licensed physician who meets the requirements of section 38-2050, (b) are appropriate to the level of education, experience, and training of the physician assistant, (c)(i) form a component of the supervising physician's scope of practice or (ii) form a component of the scope of practice of a physician who meets the requirements of section 38-2050 working in the same physician group as the physician assistant if delegated by and provided under the supervision of and collaboration with such physician, (d) are medical services for which the physician assistant has been prepared by education, experience, and training and that the physician assistant is competent to perform, and (e) are not otherwise prohibited by law.(2) A physician assistant shall have at least one supervising physician for each employer. If the employer is a multispecialty practice, the physician assistant shall have a supervising physician for each specialty practice area in which the physician assistant performs medical services.(3) Each physician assistant and his or her supervising physician shall be responsible to ensure that (a) the scope of practice of the physician assistant is identified, (b) the delegation of medical tasks is appropriate to the level of education, experience, and training of the physician assistant, (c) the relationship of and access to the supervising physician is defined, and (d) a process for evaluation of the performance of the physician assistant is established.(4) A physician assistant may pronounce death and may complete and sign death certificates and any other forms if such acts are within the scope of practice of the physician assistant.(5) A physician assistant may practice under the supervision of a podiatrist as provided in section 38-3013.Source  Laws 1973, LB 101,  3;   R.S.Supp.,1973,  85-179.06;  Laws 1985, LB 132,  3;  Laws 1993, LB 316,  2;   Laws 1996, LB 1108,  9;   R.S.1943, (2003),  71-1,107.17;  Laws 2007, LB463,  705;  Laws 2009, LB195,  43;  Laws 2020, LB755,  12.  Cross References   Liability limitations:   Malpractice, Nebraska Hospital-Medical Liability Act, see section 44-2801 et seq.  Rendering emergency aid, see section 25-21,186. 
38-2048.  Physician assistants; trainee; services performed.Notwithstanding any other provision of law, a trainee may perform medical services when he or she renders such services within the scope of an approved program.Source  Laws 1973, LB 101,  4;   R.S.Supp.,1973,  85-179.07;  Laws 1985, LB 132,  4;   R.S.1943, (2003),  71-1,107.18;  Laws 2007, LB463,  706. 
38-2049.  Physician assistants; licenses; temporary licenses; issuance; military spouse; temporary license.(1) The department, with the recommendation of the board, shall issue licenses to persons who are graduates of an approved program and have passed a proficiency examination.(2) The department, with the recommendation of the board, shall issue temporary licenses under this subsection to persons who have successfully completed an approved program but who have not yet passed a proficiency examination. Any temporary license issued pursuant to this subsection shall be issued for a period not to exceed one year and under such conditions as determined by the department, with the recommendation of the board. The temporary license issued under this subsection may be extended by the department, with the recommendation of the board.(3) Physician assistants approved by the board prior to April 16, 1985, shall not be required to complete the proficiency examination.(4) An applicant who is a military spouse applying for a license to practice as a physician assistant may apply for a temporary license as provided in section 38-129.01.Source  Laws 1973, LB 101,  5;   R.S.Supp.,1973,  85-179.08;  Laws 1985, LB 132,  5;   Laws 1996, LB 1108,  10;   R.S.1943, (2003),  71-1,107.19;  Laws 2007, LB463,  707;  Laws 2009, LB195,  44;  Laws 2017, LB88,  64.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-205.  Board; members; qualifications; terms.(1) Until July 1, 2007, the board shall consist of (a) five advanced practice registered nurses representing different advanced practice registered nurse specialties for which a license has been issued, (b) five physicians licensed under the Uniform Licensing Law to practice medicine in Nebraska, at least three of whom shall have a current collaborating relationship with an advanced practice registered nurse, (c) three consumer members, and (d) one licensed pharmacist.(2) On and after July 1, 2007, the board shall consist of:(a) One nurse practitioner holding a license under the Nurse Practitioner Practice Act, one certified nurse midwife holding a license under the Certified Nurse Midwifery Practice Act, one certified registered nurse anesthetist holding a license under the Certified Registered Nurse Anesthetist Practice Act, and one clinical nurse specialist holding a license under the Clinical Nurse Specialist Practice Act, except that the initial clinical nurse specialist appointee may be a clinical nurse specialist practicing pursuant to the Nurse Practice Act as such act existed prior to July 1, 2007. Of the initial appointments under this subdivision, one shall be for a two-year term, one shall be for a three-year term, one shall be for a four-year term, and one shall be for a five-year term. All subsequent appointments under this subdivision shall be for five-year terms;(b) Three physicians, one of whom shall have a professional relationship with a nurse practitioner, one of whom shall have a professional relationship with a certified nurse midwife, and one of whom shall have a professional relationship with a certified registered nurse anesthetist. Of the initial appointments under this subdivision, one shall be for a three-year term, one shall be for a four-year term, and one shall be for a five-year term. All subsequent appointments under this subdivision shall be for five-year terms; and(c) Two public members. Of the initial appointments under this subdivision, one shall be for a three-year term, and one shall be for a four-year term. All subsequent appointments under this subdivision shall be for five-year terms.(3) Members of the board serving immediately before July 1, 2007, shall serve until members are appointed and qualified under subsection (2) of this section.Source  Laws 1996, LB 414,  27;  Laws 2000, LB 1115,  42;   R.S.1943, (2003),  71-1718.01;  Laws 2005, LB 256,  39;   R.S.Supp.,2006,  71-17,134;  Laws 2007, LB185,  36;  Laws 2007, LB463,  144. Cross References   Certified Nurse Midwifery Practice Act, see section 38-601.  Certified Registered Nurse Anesthetist Practice Act, see section 38-701.  Clinical Nurse Specialist Practice Act, see section 38-901.  Nurse Practice Act, see section 38-2201.  Nurse Practitioner Practice Act, see section 38-2301. 
38-2050.  Physician assistants; supervision; supervising physician; requirements; collaborative agreement.(1) To be a supervising physician, a person shall:(a) Be licensed to practice medicine and surgery under the Uniform Credentialing Act;(b) Have no restriction imposed by the board on his or her ability to supervise or collaborate with a physician assistant; and(c) Be a party to a collaborative agreement with the physician assistant.(2) The supervising physician shall keep the collaborative agreement on file at his or her primary practice site, shall keep a copy of the collaborative agreement on file at each practice site where the physician assistant provides medical services, and shall make the collaborative agreement available to the board and the department upon request.(3) Supervision of a physician assistant by a supervising physician shall be continuous but shall not require the physical presence of the supervising physician at the time and place that the services are rendered. A physician assistant may render services in a setting that is geographically remote from the supervising physician.(4) A supervising physician may supervise no more than four physician assistants at any one time. The board may consider an application for waiver of this limit and may waive the limit upon a showing that the supervising physician meets the minimum requirements for the waiver. The department may adopt and promulgate rules and regulations establishing minimum requirements for such waivers.Source  Laws 1973, LB 101,  6;   R.S.Supp.,1973,  85-179.09;  Laws 1985, LB 132,  6;  Laws 1993, LB 316,  3;   R.S.1943, (2003),  71-1,107.20;  Laws 2007, LB463,  708;  Laws 2009, LB195,  45;  Laws 2020, LB755,  13.  
38-2052.  Physician assistants; misrepresentation; penalty.Any person who has not been licensed by the department, with the recommendation of the board, and who holds himself or herself out as a physician assistant, or who uses any other term to indicate or imply that he or she is a physician assistant, shall be guilty of a Class IV felony.Source  Laws 1973, LB 101,  7;   R.S.Supp.,1973,  85-179.10;  Laws 1977, LB 39,  319;  Laws 1985, LB 132,  7;   R.S.1943, (2003),  71-1,107.21;  Laws 2007, LB463,  710. 
38-2053.  Physician assistants; negligent acts; liability.Any physician or physician groups utilizing physician assistants shall be liable for any negligent acts or omissions of physician assistants while acting under their supervision.Source  Laws 1973, LB 101,  14;   R.S.Supp.,1973,  85-179.17;  Laws 1985, LB 132,  13;   R.S.1943, (2003),  71-1,107.28;  Laws 2007, LB463,  711;  Laws 2020, LB755,  14.  
38-2054.  Physician assistants; licensed; not engaged in unauthorized practice of medicine.Any physician assistant who is licensed and who renders services under the supervision of a licensed physician as provided by the Medicine and Surgery Practice Act shall not be construed to be engaged in the unauthorized practice of medicine.Source  Laws 1973, LB 101,  15;   R.S.Supp.,1973,  85-179.18;  Laws 1985, LB 132,  14;   Laws 1996, LB 1108,  13;   R.S.1943, (2003),  71-1,107.29;  Laws 2007, LB463,  712;  Laws 2020, LB755,  15.  
38-2055.  Physician assistants; prescribe drugs and devices; restrictions; therapeutic regimen; powers.(1) A physician assistant, under a collaborative agreement with a supervising physician, may prescribe drugs and devices.(2) All such prescriptions and prescription container labels shall bear the name of the physician assistant. A physician assistant who prescribes controlled substances listed in Schedule II, III, IV, or V of section 28-405 shall obtain a federal Drug Enforcement Administration registration number. A physician assistant may dispense drug samples to patients and may request, receive, or sign for drug samples.(3) A physician assistant, under a collaborative agreement with a supervising physician, may plan and initiate a therapeutic regimen, which includes ordering and prescribing nonpharmacological interventions, including, but not limited to, durable medical equipment, nutrition, blood and blood products, and diagnostic support services, such as home health care, hospice, physical therapy, and occupational therapy.Source  Laws 1985, LB 132,  15;   Laws 1992, LB 1019,  41;  Laws 1999, LB 379,  4;  Laws 1999, LB 828,  94;  Laws 2005, LB 175,  1;   R.S.Supp.,2006,  71-1,107.30;  Laws 2007, LB463,  713;  Laws 2009, LB195,  46;  Laws 2020, LB755,  16.  Cross References  Schedules of controlled substances, see section 28-405.
38-2056.  Physician Assistant Committee; created; membership; powers and duties; per diem; expenses.(1) There is hereby created the Physician Assistant Committee which shall review and make recommendations to the board regarding all matters relating to physician assistants that come before the board. Such matters shall include, but not be limited to, (a) applications for licensure, (b) physician assistant education, (c) scope of practice, (d) proceedings arising pursuant to sections 38-178 and 38-179, (e) physician assistant licensure requirements, and (f) continuing competency. The committee shall be directly responsible to the board.(2) The committee shall be appointed by the State Board of Health. The committee shall be composed of two physician assistants, one supervising physician, one member of the Board of Medicine and Surgery who shall be a nonvoting member of the committee, and one public member. The chairperson of the committee shall be elected by a majority vote of the committee members.(3) At the expiration of the four-year terms of the members serving on December 1, 2008, appointments shall be for five-year terms. Members shall serve no more than two consecutive full five-year terms. Reappointments shall be made by the State Board of Health.(4) The committee shall meet on a regular basis and committee members shall, in addition to necessary traveling and lodging expenses, receive a per diem for each day actually engaged in the discharge of his or her duties, including compensation for the time spent in traveling to and from the place of conducting business. Traveling and lodging expenses shall be reimbursed on the same basis as provided in sections 81-1174 to 81-1177. The compensation shall not exceed fifty dollars per day and shall be determined by the committee with the approval of the department.Source  Laws 1973, LB 101,  11;   R.S.Supp.,1973,  85-179.14;  Laws 1985, LB 132,  10;   Laws 1996, LB 1108,  11;  Laws 1999, LB 828,  93;  Laws 2002, LB 1021,  18;   R.S.1943, (2003),  71-1,107.25;  Laws 2007, LB463,  714;  Laws 2020, LB755,  17.  
38-2057.  Acupuncture; exemptions.The provisions of the Medicine and Surgery Practice Act relating to acupuncture do not apply to:(1) Any other health care practitioner credentialed under the Uniform Credentialing Act practicing within the scope of his or her profession;(2) A student practicing acupuncture under the supervision of a person licensed to practice acupuncture under the Uniform Credentialing Act as part of a course of study approved by the department; or(3) The practice of acupuncture by any person licensed or certified to practice acupuncture in any other jurisdiction when practicing in an educational seminar sponsored by a state-approved acupuncture or professional organization if the practice is supervised directly by a person licensed to practice acupuncture under the Uniform Credentialing Act.Source  Laws 2001, LB 270,  9;  Laws 2003, LB 242,  81;   R.S.1943, (2003),  71-1,345;  Laws 2007, LB463,  715. 
38-2058.  Acupuncture; license required; standard of care.It is unlawful to practice acupuncture on a person in this state unless the acupuncturist is licensed to practice acupuncture under the Uniform Credentialing Act. An acupuncturist licensed under the Uniform Credentialing Act shall provide the same standard of care to patients as that provided by a person licensed under the Uniform Credentialing Act to practice medicine and surgery, osteopathy, or osteopathic medicine and surgery. An acupuncturist licensed under the Uniform Credentialing Act shall refer a patient to an appropriate practitioner when the problem of the patient is beyond the training, experience, or competence of the acupuncturist.Source  Laws 2001, LB 270,  10;   R.S.1943, (2003),  71-1,346;  Laws 2007, LB463,  716;  Laws 2017, LB19,  1.  
38-2059.  Acupuncture; consent required.The practice of acupuncture shall not be performed upon any person except with the voluntary and informed consent of such person. Information provided in connection with obtaining such informed consent shall include, but not be limited to, the following:(1) The distinctions and differences between the practice of acupuncture and the practice of medicine;(2) The disclosure that an acupuncturist is not licensed to practice medicine or to make a medical diagnosis of the person's disease or condition and that a physician should be consulted for such medical diagnosis;(3) The nature and the purpose of the acupuncture treatment; and(4) Any medical or other risks associated with such treatment.Source  Laws 2001, LB 270,  11;   R.S.1943, (2003),  71-1,347;  Laws 2007, LB463,  717. 
38-206.  Board; duties.The board shall:(1) Establish standards for integrated practice agreements between collaborating physicians and certified nurse midwives;(2) Monitor the scope of practice by certified nurse midwives, certified registered nurse anesthetists, clinical nurse specialists, and nurse practitioners;(3) Recommend disciplinary action relating to licenses of advanced practice registered nurses, certified nurse midwives, certified registered nurse anesthetists, clinical nurse specialists, and nurse practitioners;(4) Engage in other activities not inconsistent with the Advanced Practice Registered Nurse Practice Act, the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, and the Nurse Practitioner Practice Act; and(5) Adopt rules and regulations to implement the Advanced Practice Registered Nurse Practice Act, the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, and the Nurse Practitioner Practice Act, for promulgation by the department as provided in section 38-126. Such rules and regulations shall also include: (a) Approved certification organizations and approved certification programs; and (b) professional liability insurance.Source  Laws 1996, LB 414,  28;  Laws 2000, LB 1115,  43;  Laws 2002, LB 1021,  56;   R.S.1943, (2003),  71-1718.02;  Laws 2005, LB 256,  40;   R.S.Supp.,2006,  71-17,135;  Laws 2007, LB185,  37;  Laws 2007, LB463,  145;  Laws 2015, LB107,  1.  Cross References   Certified Nurse Midwifery Practice Act, see section 38-601.  Certified Registered Nurse Anesthetist Practice Act, see section 38-701.  Clinical Nurse Specialist Practice Act, see section 38-901.  Nurse Practitioner Practice Act, see section 38-2301. 
38-2060.  Acupuncture; license requirements.At the time of application for an initial license to practice acupuncture, the applicant shall present to the department proof that he or she:(1) Has graduated from, after having successfully completed the acupuncture curriculum requirements of, a formal, full-time acupuncture program at a university, college, or school of acupuncture approved by the board which includes at least one thousand seven hundred twenty-five hours of entry-level acupuncture education consisting of a minimum of one thousand didactic and five hundred clinical hours;(2) Has successfully passed an acupuncture examination approved by the board which shall include a comprehensive written examination in acupuncture theory, diagnosis and treatment technique, and point location; and(3) Has successfully completed a clean-needle technique course approved by the board.Source  Laws 2001, LB 270,  12;   R.S.1943, (2003),  71-1,348;  Laws 2007, LB463,  718. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2061.  Fees.The department shall establish and collect fees for credentialing under the Medicine and Surgery Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  719. 
38-2062.  Anatomic pathology service; unprofessional conduct.(1) It shall be unprofessional conduct for any physician who orders but does not supervise or perform a component of an anatomic pathology service to fail to disclose in any bill for such service presented to a patient, entity, or person:(a) The name and address of the physician or laboratory that provided the anatomic service; and(b) The actual amount paid or to be paid for each anatomic pathology service provided to the patient by the physician or laboratory that performed the service.(2) For purposes of this section, anatomic pathology service means:(a) Blood-banking services performed by pathologists;(b) Cytopathology, which means the microscopic examination of cells from the following: Fluids; aspirates; washings; brushings; or smears, including the Pap test examination performed by a physician or under the supervision of a physician;(c) Hematology, which means the microscopic evaluation of bone marrow aspirates and biopsies performed by a physician or under the supervision of a physician and peripheral blood smears when the attending or treating physician or technologist requests that a blood smear be reviewed by the pathologist;(d) Histopathology or surgical pathology, which means the gross and microscopic examination and histologic processing of organ tissue performed by a physician or under the supervision of a physician; and(e) Subcellular pathology and molecular pathology.(3) For purposes of this section, anatomic pathology service does not include the initial collection or packaging of the specimen for transport.Source Laws 2009, LB394,  2.
38-2064.  Perinatal mental health disorders; referral network; questionnaire.The board may work with accredited hospitals and licensed health care professionals and may create a referral network in Nebraska to develop policies, procedures, information, and educational materials to meet each of the following requirements concerning perinatal mental health disorders:(1) A licensed health care professional providing prenatal care may:(a) Provide education to a pregnant patient and, if possible and with permission, to the patient's family about perinatal mental health disorders in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists; and(b) Invite each pregnant patient to complete a questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists. Screening for perinatal mental health disorders may be repeated when, in the professional judgment of the licensed health care professional, the patient is at increased risk for developing a perinatal mental health disorder;(2) A licensed health care professional providing postnatal care may invite each postpartum patient to complete a questionnaire and, if completed, shall review the questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists; and(3) A licensed health care professional providing pediatric care to an infant may invite the infant's mother to complete a questionnaire at any well-child checkup occurring during the first year of life at which the mother is present and, if completed, shall review the questionnaire in accordance with the formal opinions and recommendations of the American Academy of Pediatrics, in order to ensure that the health and well-being of the infant are not compromised by an undiagnosed perinatal mental health disorder in the mother.Source  Laws 2022, LB905,  15.   Effective Date: July 21, 2022  
38-207.  License; issuance; department; powers and duties.The department shall issue a license as an advanced practice registered nurse to a registered nurse who meets the requirements of subsection (1) or (3) of section 38-208. The department may issue a license as an advanced practice registered nurse to a registered nurse pursuant to subsection (2) of section 38-208.Source  Laws 2005, LB 256,  41;   R.S.Supp.,2006,  71-17,136;  Laws 2007, LB463,  146. 
38-208.  License; qualifications; military spouse; temporary license.(1) An applicant for initial licensure as an advanced practice registered nurse shall:(a) Be licensed as a registered nurse under the Nurse Practice Act or have authority based on the Nurse Licensure Compact to practice as a registered nurse in Nebraska;(b) Be a graduate of or have completed a graduate-level advanced practice registered nurse program in a clinical specialty area of certified registered nurse anesthetist, clinical nurse specialist, certified nurse midwife, or nurse practitioner, which program is accredited by a national accrediting body;(c) Be certified as a certified registered nurse anesthetist, a clinical nurse specialist, a certified nurse midwife, or a nurse practitioner, by an approved certifying body or an alternative method of competency assessment approved by the board, pursuant to the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, or the Nurse Practitioner Practice Act, as appropriate to the applicant's educational preparation;(d) Provide evidence as required by rules and regulations; and(e) Have committed no acts or omissions which are grounds for disciplinary action in another jurisdiction or, if such acts have been committed and would be grounds for discipline under the Nurse Practice Act, the board has found after investigation that sufficient restitution has been made.(2) The department may issue a license under this section to an applicant who holds a license from another jurisdiction if the licensure requirements of such other jurisdiction meet or exceed the requirements for licensure as an advanced practice registered nurse under the Advanced Practice Registered Nurse Practice Act. An applicant under this subsection shall submit documentation as required by rules and regulations.(3) A person licensed as an advanced practice registered nurse or certified as a certified registered nurse anesthetist or a certified nurse midwife in this state on July 1, 2007, shall be issued a license by the department as an advanced practice registered nurse on such date.(4) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2005, LB 256,  42;   R.S.Supp.,2006,  71-17,137;  Laws 2007, LB185,  38;  Laws 2007, LB463,  147;  Laws 2017, LB88,  35.  Cross References   Certified Nurse Midwifery Practice Act, see section 38-601.  Certified Registered Nurse Anesthetist Practice Act, see section 38-701.  Clinical Nurse Specialist Practice Act, see section 38-901.  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.  Nurse Practice Act, see section 38-2201.  Nurse Practitioner Practice Act, see section 38-2301. 
38-209.  License; renewal; requirements.The license of each person licensed under the Advanced Practice Registered Nurse Practice Act shall be renewed at the same time and in the same manner as renewal of a license for a registered nurse and shall require that the applicant have (1) a license as a registered nurse issued by the state or have the authority based on the Nurse Licensure Compact to practice as a registered nurse in Nebraska, (2) documentation of continuing competency, either by reference, peer review, examination, or one or more of the continuing competency activities listed in section 38-145 and established by the board in rules and regulations, and (3) met any specific requirements for renewal under the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, or the Nurse Practitioner Practice Act, as applicable.Source  Laws 2005, LB 256,  43;   R.S.Supp.,2006,  71-17,138;  Laws 2007, LB185,  39;  Laws 2007, LB463,  148. Cross References   Certified Nurse Midwifery Practice Act, see section 38-601.  Certified Registered Nurse Anesthetist Practice Act, see section 38-701.  Clinical Nurse Specialist Practice Act, see section 38-901.  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.  Nurse Practitioner Practice Act, see section 38-2301. 
38-210.  Expiration of license; conditions.An advanced practice registered nurse's license expires if he or she does not renew his or her license to practice as a registered nurse or is not authorized to practice as a registered nurse in this state under the Nurse Licensure Compact.Source  Laws 2005, LB 256,  45;   R.S.Supp.,2006,  71-17,140;  Laws 2007, LB185,  41;  Laws 2007, LB463,  149. Cross References  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
38-2101.  Act, how cited.Sections 38-2101 to 38-2139 shall be known and may be cited as the Mental Health Practice Act.Source  Laws 2007, LB247,  72;  Laws 2007, LB463,  720;  Laws 2022, LB752,  10.   Effective Date: July 21, 2022  
38-2102.  Legislative findings.The Legislature finds that, because many mental health practitioners are not regulated in this state, anyone may offer mental health services by using an unrestricted title and that there is no means for identifying qualified practitioners, for enforcing professional standards, or for holding such practitioners accountable for their actions. Therefor the Legislature determines that, in the interest of consumer protection and for the protection of public health, safety, and welfare, individuals should be provided a means by which they can be assured that their selection of a mental health practitioner is based on sound criteria and that the activities of those persons who by any title may offer or deliver therapeutic mental health services should be regulated.The purpose of licensing mental health practitioners is to provide for an omnibus title for such persons and to provide for associated certification of social workers, master social workers, professional counselors, and marriage and family therapists.Source  Laws 1993, LB 669,  14;   R.S.1943, (2003),  71-1,295;  Laws 2007, LB463,  721. 
38-2103.  Definitions, where found.For purposes of the Mental Health Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2104 to 38-2119 apply.Source  Laws 1993, LB 669,  15;   R.S.1943, (2003),  71-1,296;  Laws 2007, LB247,  38;  Laws 2007, LB463,  722. 
38-2104.  Approved educational program, defined.(1) Approved educational program means a program of education and training accredited by an agency listed in subsection (2) of this section or approved by the board. Such approval may be based on the program's accreditation by an accrediting agency with requirements similar to an agency listed in subsection (2) of this section or on standards established by the board in the manner and form provided in section 38-133.(2) Approved educational program includes a program of education and training accredited by:(a) The Commission on Accreditation for Marriage and Family Therapy Education;(b) The Council for Accreditation of Counseling and Related Educational Programs;(c) The Council on Rehabilitation Education;(d) The Council on Social Work Education; or(e) The American Psychological Association for a doctoral degree program enrolled in by a person who has a master's degree or its equivalent in psychology.Source  Laws 1986, LB 286,  12;   R.S.1943, (1990),  71-1,255;  Laws 1993, LB 669,  16;   R.S.1943, (2003),  71-1,297;  Laws 2007, LB463,  723;  Laws 2018, LB1034,  32.  
38-2105.  Board, defined.Board means the Board of Mental Health Practice.Source  Laws 1993, LB 669,  17;  Laws 1999, LB 828,  148;   R.S.1943, (2003),  71-1,298;  Laws 2007, LB463,  724. 
38-2106.  Certified marriage and family therapist, defined.Certified marriage and family therapist means a person who is certified to practice marriage and family therapy pursuant to the Uniform Credentialing Act and who holds a current certificate issued by the department.Source  Laws 1993, LB 669,  18;   R.S.1943, (2003),  71-1,299;  Laws 2007, LB463,  725. 
38-2107.  Certified master social work, defined.Certified master social work means the specialized application of social work values, knowledge, principles, and methods in all areas of social work practice. Certified master social work may include the private, independent, and autonomous practice of social work.Source  Laws 1986, LB 286,  6;   R.S.1943, (1990),  71-1,249;  Laws 1993, LB 669,  19;   R.S.1943, (2003),  71-1,300;  Laws 2007, LB463,  726. 
38-2108.  Certified master social worker, defined.Certified master social worker means a person who meets the standards established in subsection (1) of section 38-2128 and who holds a current certificate issued by the department.Source  Laws 1986, LB 286,  8;   R.S.1943, (1990),  71-1,251;  Laws 1993, LB 669,  20;   R.S.1943, (2003),  71-1,301;  Laws 2007, LB463,  727. 
38-2109.  Certified professional counselor, defined.Certified professional counselor means a person who is certified to practice professional counseling pursuant to the Uniform Credentialing Act and who holds a current certificate issued by the department.Source  Laws 1993, LB 669,  21;   R.S.1943, (2003),  71-1,302;  Laws 2007, LB463,  728. 
38-211.  Fees.The department shall establish and collect fees for initial licensure and renewal under the Advanced Practice Registered Nurse Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  150. 
38-2110.  Certified social work, defined.Certified social work means the professional application of social work values, knowledge, principles, and methods in all areas of social work practice, except that certified social work shall not include private, independent, and autonomous practice of social work.Source  Laws 1986, LB 286,  7;   R.S.1943, (1990),  71-1,250;  Laws 1993, LB 669,  22;   R.S.1943, (2003),  71-1,303;  Laws 2007, LB463,  729. 
38-2111.  Certified social worker, defined.Certified social worker means a person who meets the standards established in subsection (2) of section 38-2128 and who holds a current certificate issued by the department.Source  Laws 1986, LB 286,  9;   R.S.1943, (1990),  71-1,252;  Laws 1993, LB 669,  23;   R.S.1943, (2003),  71-1,304;  Laws 2007, LB463,  730. 
38-2112.  Consultation, defined.Consultation means a professional collaborative relationship which is between a licensed mental health practitioner and a consultant who is a psychologist licensed to engage in the practice of psychology in this state as provided in section 38-3111 or as provided in similar provisions of the Psychology Interjurisdictional Compact, a qualified physician, a licensed independent mental health practitioner, or a professional counselor holding a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact and in which (1) the consultant makes a diagnosis based on information supplied by the licensed mental health practitioner and any additional assessment deemed necessary by the consultant and (2) the consultant and the licensed mental health practitioner jointly develop a treatment plan which indicates the responsibility of each professional for implementing elements of the plan, updating the plan, and assessing the client's progress.Source  Laws 1993, LB 669,  24;  Laws 1994, LB 1210,  95;   R.S.1943, (2003),  71-1,305;  Laws 2007, LB463,  731;  Laws 2008, LB1108,  1;  Laws 2018, LB1034,  33;  Laws 2022, LB752,  11.   Effective Date: July 21, 2022  Cross References   Licensed Professional Counselors Interstate Compact, see section 38-4201.  Psychology Interjurisdictional Compact, see section 38-3901. 
38-2113.  Independent mental health practice, defined.(1) Independent mental health practice means the provision of treatment, assessment, psychotherapy, counseling, or equivalent activities to individuals, couples, families, or groups for behavioral, cognitive, social, mental, or emotional disorders, including interpersonal or personal situations.(2) Independent mental health practice includes diagnosing major mental illness or disorder, using psychotherapy with individuals suspected of having major mental or emotional disorders, or using psychotherapy to treat the concomitants of organic illness, with or without consultation with a qualified physician or licensed psychologist.(3) Independent mental health practice does not include the practice of psychology or medicine, prescribing drugs or electroconvulsive therapy, treating physical disease, injury, or deformity, or measuring personality or intelligence for the purpose of diagnosis or treatment planning.Source  Laws 2007, LB247,  39;   R.S.Supp.,2007,  71-1,305.01. 
38-2114.  Marriage and family therapy, defined.Marriage and family therapy means the assessment and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems through the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such disorders.Source  Laws 1993, LB 669,  25;   R.S.1943, (2003),  71-1,306;  Laws 2007, LB463,  732. 
38-2115.  Mental health practice, defined; limitation on practice.(1) Mental health practice means the provision of treatment, assessment, psychotherapy, counseling, or equivalent activities to individuals, couples, families, or groups for behavioral, cognitive, social, mental, or emotional disorders, including interpersonal or personal situations.(2) Mental health practice does not include:(a) The practice of psychology or medicine;(b) Prescribing drugs or electroconvulsive therapy;(c) Treating physical disease, injury, or deformity;(d) Diagnosing major mental illness or disorder except in consultation with a qualified physician, a psychologist licensed to engage in the practice of psychology in this state as provided in section 38-3111 or as provided in similar provisions of the Psychology Interjurisdictional Compact, a licensed independent mental health practitioner, or a professional counselor holding a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact;(e) Measuring personality or intelligence for the purpose of diagnosis or treatment planning;(f) Using psychotherapy with individuals suspected of having major mental or emotional disorders except in consultation with a qualified physician, a licensed psychologist, or a licensed independent mental health practitioner; or(g) Using psychotherapy to treat the concomitants of organic illness except in consultation with a qualified physician or licensed psychologist.(3) Mental health practice includes the initial assessment of organic mental or emotional disorders for the purpose of referral or consultation.(4) Nothing in sections 38-2114, 38-2118, and 38-2119 shall be deemed to constitute authorization to engage in activities beyond those described in this section. Persons who are certified under the Mental Health Practice Act but who do not hold a license under section 38-2122 or a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact shall not engage in mental health practice.Source  Laws 1993, LB 669,  26;  Laws 1994, LB 1210,  96;   R.S.1943, (2003),  71-1,307;  Laws 2007, LB247,  40;  Laws 2007, LB463,  733;  Laws 2008, LB1108,  2;  Laws 2018, LB1034,  34;  Laws 2022, LB752,  12.   Effective Date: July 21, 2022  Cross References   Licensed Professional Counselors Interstate Compact, see section 38-4201.  Psychology Interjurisdictional Compact, see section 38-3901. 
38-2116.  Mental health practitioner, independent mental health practitioner, defined; use of titles.(1)(a) Mental health practitioner means a person who holds himself or herself out as a person qualified to engage in mental health practice or a person who offers or renders mental health practice services.(b) Independent mental health practitioner means a person who holds himself or herself out as a person qualified to engage in independent mental health practice or a person who offers or renders independent mental health practice services.(2)(a) A person who is licensed as a mental health practitioner and certified as a master social worker may use the title licensed clinical social worker.(b) A person who is licensed as a mental health practitioner and certified as a professional counselor may use the title licensed professional counselor.(c) A person who is licensed as a mental health practitioner and certified as a marriage and family therapist may use the title licensed marriage and family therapist.(d) No person shall use the title licensed clinical social worker, licensed professional counselor, or licensed marriage and family therapist unless he or she is licensed and certified as provided in this subsection.(3)(a) A person who is licensed as an independent mental health practitioner and certified as a master social worker may use the title licensed independent clinical social worker.(b) A person who is licensed as an independent mental health practitioner and certified as a professional counselor or who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact may use the title licensed independent professional counselor.(c) A person who is licensed as an independent mental health practitioner and certified as a marriage and family therapist may use the title licensed independent marriage and family therapist.(d) No person shall use the title licensed independent clinical social worker, licensed independent professional counselor, or licensed independent marriage and family therapist unless he or she is licensed and certified or holds a privilege as provided in this subsection.(4) A mental health practitioner shall not represent himself or herself as a physician or psychologist and shall not represent his or her services as being medical or psychological in nature. An independent mental health practitioner shall not represent himself or herself as a physician or psychologist.Source  Laws 1993, LB 669,  27;   R.S.1943, (2003),  71-1,308;  Laws 2007, LB247,  41;  Laws 2007, LB463,  734;  Laws 2008, LB1108,  3;  Laws 2022, LB752,  13.   Effective Date: July 21, 2022  Cross References  Licensed Professional Counselors Interstate Compact, see section 38-4201.
38-2117.  Mental health program, defined.Mental health program means an approved educational program in a field such as, but not limited to, social work, professional counseling, marriage and family therapy, human development, psychology, or family relations, the content of which contains an emphasis on therapeutic mental health and course work in psychotherapy and the assessment of mental disorders.Source  Laws 1993, LB 669,  28;   R.S.1943, (2003),  71-1,309;  Laws 2007, LB463,  735;  Laws 2018, LB1034,  35.  
38-2118.  Professional counseling, defined.Professional counseling means the assessment and treatment of mental and emotional disorders within the context of professional counseling theory and practice of individuals, couples, families, or groups and includes, but is not limited to:(1) Assisting individuals or groups through the counseling relationship to develop understanding, define goals, plan action, and change behavior with the goal of reflecting interests, abilities, aptitudes, and needs as they are related to personal and social concerns, educational progress, and occupations;(2) Appraisal activities which shall mean selecting, administering, scoring, and interpreting instruments designed to assess a person's aptitudes, attitudes, abilities, achievements, interests, and personal characteristics, except that nothing in this subdivision shall be construed to authorize a certified professional counselor to engage in the practice of clinical psychology as defined in section 38-3111;(3) Referral activities which evaluate data to identify which persons or groups may better be served by other specialists;(4) Research activities which shall mean reporting, designing, conducting, or consulting on research in counseling with human subjects;(5) Therapeutic, vocational, or personal rehabilitation in relationship to adapting to physical, emotional, or intellectual disability; and(6) Consulting on any activity listed in this section.Source  Laws 1986, LB 579,  2;  Laws 1988, LB 1100,  88;   R.S.1943, (1990),  71-1,266;  Laws 1993, LB 669,  29;  Laws 1994, LB 1210,  97;   R.S.1943, (2003),  71-1,310;  Laws 2007, LB463,  736. 
38-2119.  Social work practice or the practice of social work, defined.(1) Social work practice or the practice of social work means the professional activity of helping individuals, groups, and families or larger systems such as organizations and communities to improve, restore, or enhance their capacities for personal and social functioning and the professional application of social work values, knowledge, principles, and methods in the following areas of practice:(a) Information, resource identification and development, and referral services;(b) Preparation and evaluation of psychosocial assessments and development of social work service plans;(c) Case management, coordination, and monitoring of social work service plans in the areas of personal, social, or economic resources, conditions, or problems;(d) Development, implementation, and evaluation of social work programs and policies;(e) Supportive contacts to assist individuals and groups with personal adjustment to crisis, transition, economic change, or a personal or family member's health condition, especially in the area of services given in hospitals, health clinics, home health agencies, schools, shelters for the homeless, shelters for the urgent care of victims of sexual assault, child abuse, elder abuse, or domestic violence, nursing homes, and correctional facilities. Nothing in this subdivision shall be construed to prevent charitable and religious organizations, the clergy, governmental agencies, hospitals, health clinics, home health agencies, schools, shelters for the homeless, shelters for the urgent care of victims of sexual assault, child abuse, elder abuse, or domestic violence, nursing homes, or correctional facilities from providing supportive contacts to assist individuals and groups with adjustment to crisis, transition, economic change, or personal or a family member's health condition if such persons or organizations do not represent themselves to be social workers;(f) Social casework for and prevention of psychosocial dysfunction, disability, or impairment; and(g) Social work research, consultation, and education.(2) Social work practice does not include the following:(a) The measuring and testing of personality or intelligence;(b) Accepting fees or compensation for the treatment of disease, injury, or deformity of persons by drugs, surgery, or any manual or mechanical treatment whatsoever;(c) Prescribing drugs or electroconvulsive therapy; and(d) Treating organic diseases or major psychiatric diseases.(3) A certified master social worker who practices within the confines of this section shall not be required to be licensed as a mental health practitioner.Source  Laws 1986, LB 286,  5;   R.S.1943, (1990),  71-1,248;  Laws 1993, LB 669,  30;  Laws 1994, LB 1210,  98;   R.S.1943, (2003),  71-1,311;  Laws 2007, LB463,  737. 
38-212.  Use of title.A person licensed as an advanced practice registered nurse in this state may use the title advanced practice registered nurse and the abbreviation APRN.Source Laws 2007, LB463,  151. 
38-2120.  Board; membership; qualifications.The board shall consist of eight professional members and two public members appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165. Two professional members shall be certified master social workers, two professional members shall be certified professional counselors, two professional members shall be certified marriage and family therapists, and two professional members shall be licensed mental health practitioners that do not hold an associated certification.Source Laws 2007, LB463,  738. 
38-2121.  License; required; exceptions.The requirement to be licensed as a mental health practitioner pursuant to the Uniform Credentialing Act in order to engage in mental health practice shall not be construed to prevent:(1) Qualified members of other professions who are licensed, certified, or registered by this state from practice of any mental health activity consistent with the scope of practice of their respective professions;(2) Alcohol and drug counselors who are licensed by the Division of Public Health of the Department of Health and Human Services and problem gambling counselors who are certified by the Department of Health and Human Services prior to July 1, 2013, or by the Nebraska Commission on Problem Gambling beginning on July 1, 2013, from practicing their profession. Such exclusion shall include students training and working under the supervision of an individual qualified under section 38-315;(3) Any person employed by an agency, bureau, or division of the federal government from discharging his or her official duties, except that if such person engages in mental health practice in this state outside the scope of such official duty or represents himself or herself as a licensed mental health practitioner, he or she shall be licensed;(4) Teaching or the conduct of research related to mental health services or consultation with organizations or institutions if such teaching, research, or consultation does not involve the delivery or supervision of mental health services to individuals or groups of individuals who are themselves, rather than a third party, the intended beneficiaries of such services;(5) The delivery of mental health services by:(a) Students, interns, or residents whose activities constitute a part of the course of study for medicine, psychology, nursing, school psychology, social work, clinical social work, counseling, marriage and family therapy, or other health care or mental health service professions; or(b) Individuals seeking to fulfill postgraduate requirements for licensure when those individuals are supervised by a licensed professional consistent with the applicable regulations of the appropriate professional board;(6) Duly recognized members of the clergy from providing mental health services in the course of their ministerial duties and consistent with the codes of ethics of their profession if they do not represent themselves to be mental health practitioners;(7) The incidental exchange of advice or support by persons who do not represent themselves as engaging in mental health practice, including participation in self-help groups when the leaders of such groups receive no compensation for their participation and do not represent themselves as mental health practitioners or their services as mental health practice;(8) Any person providing emergency crisis intervention or referral services or limited services supporting a service plan developed by and delivered under the supervision of a licensed mental health practitioner, licensed physician, or a psychologist licensed to engage in the practice of psychology if such persons are not represented as being licensed mental health practitioners or their services are not represented as mental health practice;(9) Staff employed in a program designated by an agency of state government to provide rehabilitation and support services to individuals with mental illness from completing a rehabilitation assessment or preparing, implementing, and evaluating an individual rehabilitation plan; or(10) A person who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact from acting as authorized by such privilege.Source  Laws 1993, LB 669,  31;  Laws 1994, LB 1210,  99;  Laws 1995, LB 275,  5;  Laws 1996, LB 1044,  479;  Laws 2004, LB 1083,  114;   R.S.Supp.,2006,  71-1,312;  Laws 2007, LB296,  361;  Laws 2007, LB463,  739;  Laws 2013, LB6,  11;  Laws 2022, LB752,  14.   Effective Date: July 21, 2022  Cross References  Licensed Professional Counselors Interstate Compact, see section 38-4201.
38-2122.  Mental health practitioner; qualifications.A person shall be qualified to be a licensed mental health practitioner if he or she:(1) Has received a master's degree, a doctoral degree, or the equivalent of a master's degree, as determined by the board, that consists of course work and training which was primarily therapeutic mental health in content and included a practicum or internship and was from an approved educational program. Practicums or internships completed after September 1, 1995, must include a minimum of three hundred clock hours of direct client contact under the supervision of a qualified physician, a licensed psychologist, or a licensed mental health practitioner;(2) Has successfully completed three thousand hours of supervised experience in mental health practice of which fifteen hundred hours were in direct client contact in a setting where mental health services were being offered and the remaining fifteen hundred hours included, but were not limited to, review of client records, case conferences, direct observation, and video observation. For purposes of this subdivision, supervised means monitored by a qualified physician, a licensed clinical psychologist, or a certified master social worker, certified professional counselor, or marriage and family therapist qualified for certification on September 1, 1994, for any hours completed before such date or by a qualified physician, a psychologist licensed to engage in the practice of psychology, or a licensed mental health practitioner for any hours completed after such date, including evaluative face-to-face contact for a minimum of one hour per week. Such three thousand hours shall be accumulated after completion of the master's degree, doctoral degree, or equivalent of the master's degree; and(3) Has satisfactorily passed an examination approved by the board. An individual who by reason of educational background is eligible for certification as a certified master social worker, a certified professional counselor, or a certified marriage and family therapist shall take and pass a certification examination approved by the board before becoming licensed as a mental health practitioner.Source  Laws 1993, LB 669,  33;  Laws 1994, LB 1210,  100;  Laws 1995, LB 406,  31;  Laws 1997, LB 622,  84;  Laws 1997, LB 752,  160;   R.S.1943, (2003),  71-1,314;  Laws 2007, LB463,  740;  Laws 2018, LB1034,  36.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2123.  Provisional mental health practitioner license; qualifications; application; expiration; disclosure required.(1) A person who needs to obtain the required three thousand hours of supervised experience in mental health practice as specified in section 38-2122 to qualify for a mental health practitioner license shall obtain a provisional mental health practitioner license. To qualify for a provisional mental health practitioner license, such person shall:(a) Have a master's degree, a doctoral degree, or the equivalent of a master's degree, as determined by the board, that consists of course work and training which was primarily therapeutic mental health in content and included a practicum or internship and was from a mental health program as specified in section 38-2122;(b) Apply prior to earning the three thousand hours of supervised experience; and(c) Pay the provisional mental health practitioner license fee.(2) The rules and regulations approved by the board and adopted and promulgated by the department shall not require that the applicant have a supervisor in place at the time of application for a provisional mental health practitioner license.(3) A provisional mental health practitioner license shall expire upon receipt of licensure as a mental health practitioner or five years after the date of issuance, whichever comes first.(4) A person who holds a provisional mental health practitioner license shall inform all clients that he or she holds a provisional license and is practicing mental health under supervision and shall identify the supervisor. Failure to make such disclosure is a ground for discipline as set forth in section 38-2139.Source  Laws 1997, LB 622,  81;  Laws 2003, LB 242,  73;   R.S.1943, (2003),  71-1,314.01;  Laws 2007, LB463,  741;  Laws 2018, LB1034,  37.  
38-2124.  Independent mental health practitioner; qualifications.(1) No person shall hold himself or herself out as an independent mental health practitioner unless he or she is licensed as such by the department or unless he or she holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact. A person shall be qualified to be a licensed independent mental health practitioner if he or she:(a)(i)(A) Graduated with a master's or doctoral degree from an educational program which is accredited, at the time of graduation or within four years after graduation, by the Council for Accreditation of Counseling and Related Educational Programs, the Commission on Accreditation for Marriage and Family Therapy Education, or the Council on Social Work Education or (B) graduated with a master's or doctoral degree from an educational program deemed by the board to be equivalent in didactic content and supervised clinical experience to an accredited program;(ii)(A) Is licensed as a licensed mental health practitioner or (B) is licensed as a provisional mental health practitioner and has satisfactorily passed an examination approved by the board pursuant to subdivision (3) of section 38-2122; and(iii) Has three thousand hours of experience supervised by a licensed physician, a licensed psychologist, or a licensed independent mental health practitioner, one-half of which is comprised of experience with clients diagnosed under the major mental illness or disorder category; or(b)(i) Graduated from an educational program which does not meet the requirements of subdivision (a)(i) of this subsection;(ii)(A) Is licensed as a licensed mental health practitioner or (B) is licensed as a provisional mental health practitioner and has satisfactorily passed an examination approved by the board pursuant to subdivision (3) of section 38-2122; and(iii) Has seven thousand hours of experience obtained in a period of not less than ten years and supervised by a licensed physician, a licensed psychologist, or a licensed independent mental health practitioner, one-half of which is comprised of experience with clients diagnosed under the major mental illness or disorder category.(2) The experience required under this section shall be documented in a reasonable form and manner as prescribed by the board, which may consist of sworn statements from the applicant and his or her employers and supervisors. The board shall not in any case require the applicant to produce individual case records.(3) The application for an independent mental health practitioner license shall include the applicant's social security number.Source  Laws 2007, LB247,  42;   R.S.Supp.,2007,  71-1,314.02;  Laws 2008, LB1108,  4;  Laws 2018, LB1034,  38;  Laws 2022, LB752,  15.   Effective Date: July 21, 2022  Cross References   Credentialing, general requirements and issuance procedures, see section 38-121 et seq.  Licensed Professional Counselors Interstate Compact, see section 38-4201. 
38-2125.  Reciprocity; privilege to practice under compact; military spouse; temporary license.(1) The department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to an individual who:(a) Meets the licensure requirements of the Mental Health Practice Act or substantially equivalent requirements as determined by the department, with the recommendation of the board; or(b) Has been in active practice in the appropriate discipline for at least five years following initial licensure or certification in another jurisdiction and has passed the Nebraska jurisprudence examination.(2) The department may issue a license based on a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact as provided in section 5 of such compact.(3) An applicant for a license who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  742;  Laws 2017, LB88,  65;  Laws 2018, LB1034,  39;  Laws 2022, LB752,  17.   Effective Date: July 21, 2022  Cross References  Licensed Professional Counselors Interstate Compact, see section 38-4201.
38-2126.  Certified social workers and certified master social workers; legislative findings.The Legislature finds that certified social workers and certified master social workers provide a wide range of psychosocial assessment, intervention, and support services that do not constitute the clinical treatment services of licensed mental health practitioners, psychologists, or physicians. The Legislature therefor finds that it is appropriate to provide for certification of social workers and master social workers.Source  Laws 1993, LB 669,  36;   R.S.1943, (2003),  71-1,317;  Laws 2007, LB463,  743. 
38-2127.  Practice of social work; certificate required; exceptions.The requirement to be certified as a social worker pursuant to the Uniform Credentialing Act in order to represent himself or herself as a social worker shall not be construed to prevent:(1) Qualified members of other professions, including, but not limited to, licensed physicians, registered or licensed practical nurses, attorneys, marriage and family therapists, psychologists, psychotherapists, vocational guidance counselors, school psychologists, members of the clergy, court employees, or other persons credentialed under the Uniform Credentialing Act from doing work consistent with the scope of practice of their respective professions, except that such qualified members shall not hold themselves out to the public by title as being engaged in the practice of social work; or(2) The activities and services of a student or intern in social work practice who is pursuing a course of study in an approved educational program if the activities and services constitute a part of his or her supervised course of study or experience for certification and are performed under the supervision of a certified master social worker and the person is identified by an appropriate title as a social work student or intern. For purposes of this subdivision, supervision means that written records of services or procedures are examined and evaluative interviews are conducted relative thereto by a certified master social worker.Source  Laws 1986, LB 286,  13;  Laws 1987, LB 473,  31;   R.S.1943, (1990),  71-1,256;  Laws 1993, LB 669,  37;   R.S.1943, (2003),  71-1,318;  Laws 2007, LB463,  744. 
38-2128.  Certified master social worker; certified social worker; qualifications.(1) A person shall be qualified to be a certified master social worker if he or she:(a) Has a doctorate or a master's degree in social work from an approved educational program;(b) Has had a minimum of at least three thousand hours of experience, in addition to the master's or doctorate degree, in social work under the supervision as defined in section 38-2127 of a certified master social worker;(c) Provides evidence to the department that he or she meets the requirements of subdivisions (1)(a) and (1)(b) of this section; and(d) Completes an application and satisfactorily passes an examination approved by the board.(2) A person shall be qualified to be a certified social worker if he or she provides evidence to the board that he or she has a baccalaureate or master's degree in social work from an approved educational program and completes an application form.Source  Laws 1986, LB 286,  15;  Laws 1988, LB 1100,  85;  Laws 1990, LB 1080,  1;   R.S.1943, (1990),  71-1,258;  Laws 1993, LB 669,  38;  Laws 1993, LB 506,  1;  Laws 1994, LB 1210,  101;  Laws 1997, LB 752,  161;   R.S.1943, (2003),  71-1,319;  Laws 2007, LB463,  745. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2129.  Provisional certification as master social worker; qualifications; application; expiration.(1) A person who needs to obtain the required three thousand hours of supervised experience in social work as specified in section 38-2128 to qualify for certification as a master social worker shall obtain a provisional certification as a master social worker. To qualify for a provisional certification as a master social worker, such person shall:(a) Have a doctorate or master's degree in social work from an approved educational program; and(b) Apply prior to earning the three thousand hours of supervised experience.(2) A provisional master social worker certification shall expire upon receipt of certification as a master social worker or five years after the date of issuance, whichever comes first.(3) A person who holds a provisional certification as a master social worker shall inform all clients that he or she holds a provisional certification and is practicing social work under supervision and shall identify the supervisor. Failure to make such disclosure is a ground for discipline as set forth in section 38-2139.Source  Laws 1997, LB 622,  82;  Laws 2003, LB 242,  74;   R.S.1943, (2003),  71-1,319.01;  Laws 2007, LB463,  746. 
38-213.  Perinatal mental health disorders; referral network; questionnaire.The board may work with accredited hospitals, advanced practice registered nurses, and licensed health care professionals and may create a referral network in Nebraska to develop policies, procedures, information, and educational materials to meet each of the following requirements concerning perinatal mental health disorders:(1) An advanced practice registered nurse providing prenatal care may:(a) Provide education to a pregnant patient and, if possible and with permission, to the patient's family about perinatal mental health disorders in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists; and(b) Invite each pregnant patient to complete a questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists. Screening for perinatal mental health disorders may be repeated when, in the professional judgment of the advanced practice registered nurse, the patient is at increased risk for developing a perinatal mental health disorder;(2) An advanced practice registered nurse providing postnatal care may invite each postpartum patient to complete a questionnaire and, if completed, shall review the questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists; and(3) An advanced practice registered nurse providing pediatric care to an infant may invite the infant's mother to complete a questionnaire at any well-child checkup occurring during the first year of life at which the mother is present and, if completed, shall review the questionnaire in accordance with the formal opinions and recommendations of the American Academy of Pediatrics, in order to ensure that the health and well-being of the infant are not compromised by an undiagnosed perinatal mental health disorder in the mother.Source  Laws 2022, LB905,  7.   Effective Date: July 21, 2022  
38-2130.  Certified marriage and family therapist, certified professional counselor, social worker; reciprocity; military spouse; temporary certificate.The department, with the recommendation of the board, may issue a certificate based on licensure in another jurisdiction to represent oneself as a certified marriage and family therapist, a certified professional counselor, or a social worker to an individual who meets the requirements of the Mental Health Practice Act relating to marriage and family therapy, professional counseling, or social work, as appropriate, or substantially equivalent requirements as determined by the department, with the recommendation of the board. An applicant for a certificate who is a military spouse may apply for a temporary certificate as provided in section 38-129.01.Source  Laws 2007, LB463,  747;  Laws 2017, LB88,  66.  
38-2131.  Certified social workers; certified master social workers; act, how construed.Nothing in the Mental Health Practice Act shall be construed to require the State of Nebraska, any agency of the State of Nebraska, or any of the entities which operate under rules and regulations of a state agency, which either employ or contract for the services of social services workers, to employ or contract with only persons certified pursuant to the act for the performance of any of the professional activities enumerated in section 38-2119.Source  Laws 1986, LB 286,  21;   R.S.1943, (1990),  71-1,264;  Laws 1993, LB 669,  42;   R.S.1943, (2003),  71-1,323;  Laws 2007, LB463,  748. 
38-2132.01.  Certified professional counselor; eligibility for licensure under compact.The only persons credentialed pursuant to the Mental Health Practice Act that are eligible to be licensed professional counselors under the Licensed Professional Counselors Interstate Compact are licensed independent mental health practitioners with a certification in professional counseling.Source  Laws 2022, LB752,  16.   Effective Date: July 21, 2022  Cross References  Licensed Professional Counselors Interstate Compact, see section 38-4201.
38-2132.  Certified professional counselor; qualifications.A person shall be qualified to be a certified professional counselor if he or she:(1) Has received a master's degree from an approved educational program;(2) Has had three thousand hours of experience in professional counseling approved by the board after receipt of the master's degree; and(3) Completes an application and satisfactorily passes an examination approved by the board.Source  Laws 1986, LB 579,  5;  Laws 1988, LB 1100,  91;   R.S.1943, (1990),  71-1,269;  Laws 1993, LB 669,  44;  Laws 1994, LB 1210,  104;  Laws 1997, LB 752,  162;   R.S.1943, (2003),  71-1,325;  Laws 2007, LB463,  749. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2133.  Marriage and family therapist; certification; qualifications.(1) A person who applies to the department for certification as a marriage and family therapist shall be qualified for such certification if he or she:(a) Provides evidence to the department that he or she has a master's or doctoral degree in marriage and family therapy from a program approved by the board or a graduate degree in a field determined by the board to be related to marriage and family therapy and graduate-level course work determined by the board to be equivalent to a master's degree in marriage and family therapy;(b) Provides evidence to the department that he or she has had at least three thousand hours of experience in marriage and family therapy under a qualified supervisor following receipt of the graduate degree. The three thousand hours shall include at least one thousand five hundred hours of direct-client contact during the five years preceding application for certification. During the course of completing the client-contact hours, there shall be at least one hundred hours of supervisor-supervisee contact hours with a qualified supervisor and supervision shall be provided at least one hour per week or two hours every two weeks; and(c) Completes an application and passes an examination approved by the board.(2) For purposes of this section:(a) Actively engaged in the practice of marriage and family therapy may include (i) services and activities provided under the direct supervision of a person with at least a master's degree in marriage and family therapy from a program approved by the board or (ii) services and activities that are classified by title or by description of duties and responsibilities as marriage and family therapy practice;(b) Qualified supervisor means (i) a licensed mental health practitioner, a psychologist licensed to engage in the practice of psychology, or a licensed physician who holds a designation of approved supervisor from an association which establishes standards for marriage and family therapy in conformity with accepted industry standards; such standards shall be specified in rules and regulations approved by the board and adopted and promulgated by the department or (ii) a marriage and family therapist who has practiced for five years and has completed a five-hour supervision course that may be provided by an association which establishes standards for marriage and family therapy in conformity with accepted industry standards; such standards shall be specified in rules and regulations approved by the board and adopted and promulgated by the department; and(c) Supervision means face-to-face contact between an applicant and a qualified supervisor during which the applicant apprises the supervisor of the diagnosis and treatment of each client, the clients' cases are discussed, the supervisor provides the applicant with oversight and guidance in treating and dealing with clients, and the supervisor evaluates the applicant's performance. In order for a supervised period of time to be credited toward the time of supervision required by subsection (1) of this section, it shall consist of the following:(i) Focus on raw data from the applicant's clinical work which is made directly available to the supervisor through such means as written clinical materials, direct observation, and video and audio recordings;(ii) A process which is distinguishable from personal psychotherapy or didactic instruction; and(iii) A proportion of individual and group supervision as determined by the rules and regulations of the board.Source  Laws 1993, LB 669,  48;  Laws 1994, LB 1210,  107;  Laws 1997, LB 752,  163;  Laws 2000, LB 1135,  15;  Laws 2003, LB 242,  78;   R.S.1943, (2003),  71-1,329;  Laws 2007, LB463,  750;  Laws 2012, LB1148,  1. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2134.  Marriage and family therapists; act, how construed.Nothing in the Mental Health Practice Act shall be construed to require the State of Nebraska, any agency of the State of Nebraska, or any of the entities which operate under rules and regulations of a state agency, which employ or contract for the services of marriage and family therapists, to employ or contract with only persons certified pursuant to the act for the performance of any of the professional activities enumerated in section 38-2119.Source  Laws 1993, LB 669,  51;   R.S.1943, (2003),  71-1,332;  Laws 2007, LB463,  751. 
38-2135.  Fees.The department shall establish and collect fees for credentialing under the Mental Health Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  752. 
38-2136.  Mental health practitioners; confidentiality; exception.No person who is licensed or certified pursuant to the Mental Health Practice Act or who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact shall disclose any information he or she may have acquired from any person consulting him or her in his or her professional capacity except:(1) With the written consent of the person or, in the case of death or disability, of the person's personal representative, any other person authorized to sue on behalf of the person, or the beneficiary of an insurance policy on the person's life, health, or physical condition. When more than one person in a family receives therapy conjointly, each such family member who is legally competent to execute a waiver shall agree to the waiver referred to in this subdivision. Without such a waiver from each family member legally competent to execute a waiver, a practitioner shall not disclose information received from any family member who received therapy conjointly;(2) As such privilege against disclosure is limited by the laws of the State of Nebraska or as the board may determine by rule and regulation;(3) When the person waives the privilege against disclosure by bringing charges against the licensee; or(4) When there is a duty to warn under the limited circumstances set forth in section 38-2137.Source  Laws 1993, LB 669,  54;  Laws 1994, LB 1210,  109;  Laws 1999, LB 828,  150;   R.S.1943, (2003),  71-1,335;  Laws 2007, LB247,  46;  Laws 2007, LB463,  753;  Laws 2022, LB752,  18.   Effective Date: July 21, 2022  Cross References  Licensed Professional Counselors Interstate Compact, see section 38-4201.
38-2137.  Mental health practitioner; duty to warn of patient's threatened violent behavior; limitation on liability.(1) There shall be no monetary liability on the part of, and no cause of action shall arise against, any person who is licensed or certified pursuant to the Mental Health Practice Act or who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact for failing to warn of and protect from a patient's threatened violent behavior or failing to predict and warn of and protect from a patient's violent behavior except when the patient has communicated to the mental health practitioner a serious threat of physical violence against himself, herself, or a reasonably identifiable victim or victims.(2) The duty to warn of or to take reasonable precautions to provide protection from violent behavior shall arise only under the limited circumstances specified in subsection (1) of this section. The duty shall be discharged by the mental health practitioner if reasonable efforts are made to communicate the threat to the victim or victims and to a law enforcement agency.(3) No monetary liability and no cause of action shall arise under section 38-2136 against a licensee or certificate or privilege holder for information disclosed to third parties in an effort to discharge a duty arising under subsection (1) of this section according to the provisions of subsection (2) of this section.Source  Laws 1993, LB 669,  55;   R.S.1943, (2003),  71-1,336;  Laws 2007, LB247,  47;  Laws 2007, LB463,  754;  Laws 2022, LB752,  19.   Effective Date: July 21, 2022  Cross References  Licensed Professional Counselors Interstate Compact, see section 38-4201.Annotations A mental health practitioner is not liable for failing to warn of a patient's threatened violent behavior where the patient communicated a serious threat of physical violence to persons at random in a city with 300,000 or more inhabitants. Holloway v. State, 293 Neb. 12, 875 N.W.2d 435 (2016).
38-2138.  Code of ethics; board; duties; duty to report violations.(1) The board shall adopt a code of ethics which is essentially in agreement with the current code of ethics of the national and state associations of the specialty professions included in mental health practice and which the board deems necessary to assure adequate protection of the public in the provision of mental health services to the public. A violation of the code of ethics shall be considered an act of unprofessional conduct.(2) The board shall ensure through the code of ethics and the rules and regulations adopted and promulgated under the Mental Health Practice Act that persons licensed or certified pursuant to the act or holding privileges to practice in Nebraska as professional counselors under the Licensed Professional Counselors Interstate Compact limit their practice to demonstrated areas of competence as documented by relevant professional education, training, and experience.(3) Intentional failure by a mental health practitioner to report known acts of unprofessional conduct by a mental health practitioner to the department or the board shall be considered an act of unprofessional conduct and shall be grounds for disciplinary action under appropriate sections of the Uniform Credentialing Act unless the mental health practitioner has acquired such knowledge in a professional relationship otherwise protected by confidentiality.Source  Laws 1993, LB 669,  56;  Laws 1999, LB 828,  151;   R.S.1943, (2003),  71-1,337;  Laws 2007, LB247,  48;  Laws 2007, LB463,  755;  Laws 2022, LB752,  20.   Effective Date: July 21, 2022  Cross References  Licensed Professional Counselors Interstate Compact, see section 38-4201.
38-2139.  Additional grounds for disciplinary action.In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a credential or privilege to practice in Nebraska subject to the Mental Health Practice Act may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant, licensee, or privilege holder fails to disclose the information required by section 38-2123 or 38-2129 or the Licensed Professional Counselors Interstate Compact.Source  Laws 2007, LB463,  756;  Laws 2022, LB752,  21.   Effective Date: July 21, 2022  Cross References  Licensed Professional Counselors Interstate Compact, see section 38-4201.
38-2201.  Act, how cited.Sections 38-2201 to 38-2238 shall be known and may be cited as the Nurse Practice Act.Source  Laws 1995, LB 563,  4;  Laws 2000, LB 523,  2;   R.S.1943, (2003),  71-1,132.01;  Laws 2007, LB463,  757;  Laws 2017, LB88,  67.  
38-2202.  Definitions, where found.For purposes of the Nurse Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2203 to 38-2212 apply.Source Laws 2007, LB463,  758. 
38-2203.  Assigning, defined.Assigning means appointing or designating another individual the responsibility for the performance of nursing interventions.Source Laws 2007, LB463,  759. 
38-2204.  Board, defined.Board means the Board of Nursing.Source Laws 2007, LB463,  760. 
38-2205.  Delegating, defined.Delegating means transferring to another individual the authority, responsibility, and accountability to perform nursing interventions.Source Laws 2007, LB463,  761. 
38-2206.  Directing, defined.Directing means managing, guiding, and supervising the nursing interventions performed by another individual.Source Laws 2007, LB463,  762. 
38-2207.  Executive director, defined.Executive director means the executive director of the board.Source Laws 2007, LB463,  763. 
38-2208.  License, defined.License, for purposes of discipline, includes the multistate licensure privilege to practice granted by the Nurse Licensure Compact. If the multistate licensure privilege is restricted due to disciplinary action by the home state, the department may, upon request by the individual, grant the authority to practice in this state.Source Laws 2007, LB463,  764. Cross References  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
38-2209.  Licensed practitioner, defined.Licensed practitioner means a person lawfully authorized to prescribe medications or treatments.Source Laws 2007, LB463,  765. 
38-2210.  Practice of nursing, defined.Practice of nursing means the performance for compensation or gratuitously of any act expressing judgment or skill based upon a systematized body of nursing knowledge. Such acts include the identification of and intervention in actual or potential health problems of individuals, families, or groups, which acts are directed toward maintaining health status, preventing illness, injury, or infirmity, improving health status, and providing care supportive to or restorative of life and well-being through nursing assessment and through the execution of nursing care and of diagnostic or therapeutic regimens prescribed by any person lawfully authorized to prescribe. Each nurse is directly accountable and responsible to the consumer for the quality of nursing care rendered. Licensed nurses may use the services of unlicensed individuals to provide assistance with personal care and activities of daily living.Source Laws 2007, LB463,  766. 
38-2211.  Practice of nursing by a licensed practical nurse, defined.(1) Practice of nursing by a licensed practical nurse means the assumption of responsibilities and accountability for nursing practice in accordance with knowledge and skills acquired through an approved program of practical nursing. A licensed practical nurse may function at the direction of a licensed practitioner or a registered nurse.(2) Such responsibilities and performances of acts must utilize procedures leading to predictable outcomes and must include, but not be limited to:(a) Contributing to the assessment of the health status of individuals and groups;(b) Participating in the development and modification of a plan of care;(c) Implementing the appropriate aspects of the plan of care;(d) Maintaining safe and effective nursing care rendered directly or indirectly;(e) Participating in the evaluation of response to interventions;(f) Providing intravenous therapy if the licensed practical nurse meets the requirements of section 38-2237; and(g) Assigning and directing nursing interventions that may be performed by others and that do not conflict with the Nurse Practice Act.Source  Laws 2007, LB463,  767;  Laws 2017, LB88,  68.  
38-2212.  Practice of nursing by a registered nurse, defined.(1) The practice of nursing by a registered nurse means assuming responsibility and accountability for nursing actions.(2) Nursing actions include, but are not limited to:(a) Assessing human responses to actual or potential health conditions;(b) Establishing nursing diagnoses;(c) Establishing goals and outcomes to meet identified health care needs;(d) Establishing and maintaining a plan of care;(e) Prescribing nursing interventions to implement the plan of care;(f) Implementing the plan of care;(g) Teaching health care practices;(h) Delegating, directing, or assigning nursing interventions that may be performed by others and that do not conflict with the Nurse Practice Act;(i) Maintaining safe and effective nursing care rendered directly or indirectly;(j) Evaluating responses to interventions, including, but not limited to, performing physical and psychological assessments of patients under restraint and seclusion as required by federal law, if the registered nurse has been trained in the use of emergency safety intervention;(k) Teaching theory and practice of nursing;(l) Conducting, evaluating, and utilizing nursing research;(m) Administering, managing, and supervising the practice of nursing; and(n) Collaborating with other health professionals in the management of health care.Source Laws 2007, LB463,  768. 
38-2213.  Board; members; qualifications.(1) The board shall consist of eight registered nurse members, two licensed practical nurse members, and two public members. The registered nurses on the board shall be from the following areas: (a) One practical nurse educator; (b) one associate degree or diploma nurse educator; (c) one baccalaureate nurse educator; (d) two nursing service administrators; (e) two staff nurses; and (f) one advanced practice registered nurse.(2) The State Board of Health shall attempt to ensure that the membership of the Board of Nursing is representative of acute care, long-term care, and community-based care. A minimum of three and a maximum of five members shall be appointed from each congressional district, and each member shall have been a bona fide resident of the congressional district from which he or she is appointed for a period of at least one year prior to the time of the appointment of such member.Source   Laws 1953, c. 245,  4(1), p. 838;   Laws 1955, c. 272,  3, p. 856;   Laws 1959, c. 320,  2, p. 1171;   Laws 1961, c. 338,  1, p. 1059;   Laws 1961, c. 282,  4, p. 825;  Laws 1975, LB 422,  4;  Laws 1987, LB 473,  22;  Laws 1988, LB 1100,  37;  Laws 1993, LB 375,  1;  Laws 1994, LB 1223,  15;  Laws 1995, LB 563,  11;  Laws 1996, LB 414,  4;  Laws 2000, LB 1115,  15;  Laws 2002, LB 1062,  21;  Laws 2005, LB 256,  25;   R.S.Supp.,2006,  71-1,132.07;  Laws 2007, LB463,  769. Cross References  For limits and designations of congressional districts, see section 32-504.
38-2214.  Board members; additional qualifications.(1) Each licensed practical nurse educator on the board shall (a) be a registered nurse currently licensed in the state, (b) have graduated with a graduate degree in nursing or a related field of study, (c) have had a minimum of five years' experience in administration, teaching, or consultation in practical nurse education, and (d) be currently employed as a practical nurse educator.(2) Each associate degree or diploma nurse educator on the board and the baccalaureate nurse educator on the board shall (a) be a registered nurse currently licensed in the state, (b) have graduated with a graduate degree in nursing, (c) have had a minimum of five years' experience in administration, teaching, or consultation in nursing education, and (d) be currently employed in the field being represented.(3) Each staff nurse on the board shall (a) be a registered nurse currently licensed in the state, (b) have had a minimum of five years' experience in nursing, and (c) be currently employed as a staff nurse in the provision of patient care services.(4) Each nursing service administrator on the board shall (a) be a registered nurse currently licensed in the state, (b) have had a minimum of five years' experience in nursing service administration, and (c) be currently employed in such field.(5) Each licensed practical nurse member shall (a) have completed at least four years of high school study, (b) be licensed as a licensed practical nurse in this state, (c) have obtained a certificate or diploma from a state-approved practical nursing program, (d) have been actively engaged in practical nursing for at least five years, and (e) be currently employed in the provision of patient care services as a licensed practical nurse in the state.(6) Each public member shall meet the requirements of section 38-165.(7) The advanced practice registered nurse on the board shall (a) have a minimum of five years' experience as an advanced practice registered nurse, (b) be currently employed as an advanced practice registered nurse, and (c) be licensed as an advanced practice registered nurse.(8) Members serving on December 1, 2008, may complete their respective terms even if they do not meet the requirements for appointment as changed by Laws 2007, LB 463.Source   Laws 1953, c. 245,  4(2), p. 838;   Laws 1955, c. 272,  4, p. 857;  Laws 1975, LB 422,  5;  Laws 1988, LB 1100,  38;  Laws 1994, LB 1223,  16;  Laws 1995, LB 563,  12;  Laws 1996, LB 414,  5;  Laws 2000, LB 1115,  16;  Laws 2005, LB 256,  26;   R.S.Supp.,2006,  71-1,132.08;  Laws 2007, LB463,  770. Annotations The Board of Nursing has power to deny a license upon proof applicant is guilty of unprofessional conduct, and upon review de novo district court may not substitute its own judgment on that issue. Scott v. State ex rel. Board of Nursing, 196 Neb. 681, 244 N.W.2d 683 (1976).
38-2215.  Executive director; qualifications; practice consultant, education consultant, and nurse investigators; department; appoint.(1) The department shall appoint an executive director who is a registered nurse currently licensed in this state and who has a graduate degree in nursing. The executive director shall have a minimum of five years' experience within the last ten years in the areas of administration, teaching, or consultation in the field of nursing. The salary of the executive director shall be fixed by the department and be competitive with salaries for similar positions of responsibility which require similar education and experience. The executive director shall not be a member of the board. The executive director shall be administrator of the Nurse Licensure Compact. As administrator, the executive director shall give notice of withdrawal to the executive heads of all other party states within thirty days after the effective date of any statute repealing the compact enacted by the Legislature pursuant to Article X of the compact. The executive director serving on December 1, 2008, may continue serving until replaced by the department pursuant to this section.(2) The department shall appoint a practice consultant and an education consultant, each of whom is a registered nurse currently licensed in this state and has a minimum of five years' experience. On and after January 1, 1995, any person newly appointed to these positions shall also have a graduate degree in nursing. The salaries for these positions shall be fixed by the department and be competitive with salaries for similar positions of responsibility which require similar education. The nursing education consultant and nursing practice consultant shall not be members of the board.(3) The department shall appoint one or more nurse investigators to conduct investigations of violations of the Nurse Practice Act. Each nurse investigator shall be a registered nurse currently licensed in this state and have a minimum of five years' experience in nursing practice. The nurse investigators shall not be members of the board.Source  Laws 1995, LB 563,  10;  Laws 2000, LB 523,  8;   R.S.1943, (2003),  71-1,132.31;  Laws 2007, LB463,  771. Cross References  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
38-2216.  Board; rules and regulations; powers and duties; enumerated.In addition to the duties listed in sections 38-126 and 38-161, the board shall:(1) Adopt reasonable and uniform standards for nursing practice and nursing education;(2) If requested, issue or decline to issue advisory opinions defining acts which in the opinion of the board are or are not permitted in the practice of nursing. Such opinions shall be considered informational only and are nonbinding. Practice-related information provided by the board to registered nurses or licensed practical nurses licensed under the Nurse Practice Act shall be made available by the board on request to nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact;(3) Establish rules and regulations for approving and classifying programs preparing nurses, taking into consideration administrative and organizational patterns, the curriculum, students, student services, faculty, and instructional resources and facilities, and provide surveys for each educational program as determined by the board;(4) Approve educational programs which meet the requirements of the Nurse Practice Act;(5) Keep a record of all its proceedings and compile an annual report for distribution;(6) Adopt rules and regulations establishing standards for delegation of nursing activities, including training or experience requirements, competency determination, and nursing supervision;(7) Collect data regarding nursing;(8) Provide consultation and conduct conferences, forums, studies, and research on nursing practice and education;(9) Join organizations that develop and regulate the national nursing licensure examinations and exclusively promote the improvement of the legal standards of the practice of nursing for the protection of the public health, safety, and welfare; and(10) Administer the Nurse Licensure Compact. In reporting information to the coordinated licensure information system under Article VII of the compact, the department may disclose personal identifying information about a nurse, including his or her social security number.Source   Laws 1953, c. 245,  5, p. 839;   Laws 1959, c. 310,  3, p. 1172;   Laws 1965, c. 414,  1, p. 1322;  Laws 1975, LB 422,  6;   Laws 1976, LB 692,  1;  Laws 1978, LB 653,  24;  Laws 1978, LB 658,  1;   Laws 1980, LB 847,  3;   Laws 1981, LB 379,  36;   Laws 1991, LB 703,  19;  Laws 1995, LB 563,  15;  Laws 1996, LB 414,  6;  Laws 1999, LB 594,  36;  Laws 2000, LB 523,  6;  Laws 2000, LB 1115,  17;  Laws 2002, LB 1021,  19;  Laws 2002, LB 1062,  22;  Laws 2005, LB 256,  27;   R.S.Supp.,2006,  71-1,132.11;  Laws 2007, LB463,  772;  Laws 2017, LB88,  70.  Cross References  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
38-2217.  Nursing; license; required.In the interest of health and morals and the safeguarding of life, any person practicing or offering to practice nursing in this state for compensation or gratuitously, except as provided in section 38-2218, shall submit satisfactory evidence as provided in the Nurse Practice Act that he or she is qualified to so practice and is licensed as provided by the act. Except as provided in section 38-2218, the practice or attempted practice of nursing, the holding out or attempted holding out of oneself as a registered nurse or a licensed practical nurse, or the use of any title, abbreviation, card, or device to indicate that such a person is practicing nursing is unlawful unless such person has been duly licensed and registered according to the provisions of the act. The practice of nursing by any such unlicensed person or by a nurse whose license has been suspended, revoked, or expired or is on inactive status is declared to be a danger to the public health and welfare.Source   Laws 1953, c. 245,  1, p. 835;  Laws 1975, LB 422,  1;  Laws 1995, LB 563,  5;  Laws 2002, LB 1062,  19;   R.S.1943, (2003),  71-1,132.04;  Laws 2007, LB463,  773. 
38-2218.  Nursing; practices permitted.The Nurse Practice Act confers no authority to practice medicine or surgery. The Nurse Practice Act does not prohibit:(1) Home care provided by parents, foster parents, family, or friends if such person does not represent or hold himself or herself out to be a nurse or use any designation in connection with his or her name which tends to imply that he or she is licensed to practice under the act;(2) Home care provided for compensation or gratuitously by a parent, foster parent, family member, or friend if such person is a licensed nurse and represents or holds himself or herself out to be a nurse and uses any designation in connection with his or her name which tends to imply that he or she is licensed to practice under the act;(3) Christian Science nursing consistent with the theology of Christian Science provided by a Christian Science nurse who does not hold himself or herself out as a registered nurse or a licensed practical nurse;(4) Auxiliary patient care services provided by persons carrying out duties under the direction of a licensed practitioner;(5) Auxiliary patient care services provided by persons carrying out interventions for the support of nursing service as delegated by a registered nurse or as assigned and directed by a licensed practical nurse licensed under the act;(6) The gratuitous rendering of assistance by anyone in the case of an emergency;(7) Nursing by any legally licensed nurse of any other state whose engagement requires him or her to (a) accompany and care for a patient temporarily residing in this state during the period of one such engagement not to exceed six months in length, (b) transport patients into, out of, or through this state provided each transport does not exceed twenty-four hours, (c) provide patient care during periods of transition following transport, (d) provide educational programs or consultative services within this state for a period not to exceed fourteen consecutive days if neither the education nor the consultation includes the provision or the direction of patient care, and (e) provide nursing care in the case of a disaster. These exceptions do not permit a person to represent or hold himself or herself out as a nurse licensed to practice in this state;(8) Nursing services rendered by a student enrolled in an approved program of nursing when the services are a part of the student's course of study;(9) The practice of nursing by any legally licensed nurse of another state who serves in the armed forces of the United States or the United States Public Health Service or who is employed by the United States Department of Veterans Affairs or other federal agencies, if the practice is limited to that service or employment; or(10) The practice of nursing, if permitted by federal law, as a citizen of a foreign country temporarily residing in Nebraska for a period not to exceed one year for the purpose of postgraduate study, certified to be such by an appropriate agency satisfactory to the board.Source   Laws 1953, c. 245,  3, p. 836;   Laws 1955, c. 272,  2, p. 854;  Laws 1975, LB 422,  3;  Laws 1989, LB 342,  20;   Laws 1991, LB 703,  18;  Laws 1995, LB 563,  8;  Laws 1996, LB 1155,  24;  Laws 2002, LB 1062,  20;   R.S.1943, (2003),  71-1,132.06;  Laws 2007, LB463,  774;  Laws 2012, LB1083,  1. 
38-2219.  Health maintenance activities; authorized.(1) The Nurse Practice Act does not prohibit performance of health maintenance activities by a designated care aide for a competent adult at the direction of such adult or at the direction of a caretaker for a minor child or incompetent adult.(2) Health maintenance activities are those activities which enable the minor child or adult to live in his or her home and community. Such activities are those specialized procedures, beyond activities of daily living, which the minor child or adult is unable to perform for himself or herself and which the attending physician or registered nurse determines can be safely performed in the home and community by a designated care aide as directed by a competent adult or caretaker.(3) A competent adult is someone who has the capability and capacity to make an informed decision.(4) For purposes of this section, caretaker means a person who (a) is directly and personally involved in providing care for a minor child or incompetent adult and (b) is the parent, foster parent, family member, friend, or legal guardian of such minor child or incompetent adult.Source  Laws 1995, LB 563,  9;  Laws 1997, LB 66,  1;  Laws 1999, LB 594,  41;   R.S.1943, (2003),  71-1,132.30;  Laws 2007, LB463,  775. 
38-2220.  Nursing; license; application; requirements.An applicant for a license to practice as a registered nurse shall submit satisfactory proof that the applicant has completed four years of high school study or its equivalent as determined by the board and has completed the basic professional curriculum in and holds a diploma from an accredited program of registered nursing approved by the board. There is no minimum age requirement for licensure as a registered nurse. Graduates of foreign nursing programs shall pass a board-approved examination and, unless a graduate of a nursing program in Canada, provide a satisfactory evaluation of the education program attended by the applicant from a board-approved foreign credentials evaluation service.Source   Laws 1953, c. 245,  7, p. 841;   Laws 1965, c. 414,  2, p. 1323;  Laws 1974, LB 811,  12;  Laws 1975, LB 422,  8;   Laws 1980, LB 847,  4;  Laws 1989, LB 344,  6;  Laws 1995, LB 563,  17;  Laws 1997, LB 752,  157;  Laws 1999, LB 594,  37;  Laws 2002, LB 1062,  23;  Laws 2003, LB 242,  44;   R.S.1943, (2003),  71-1,132.13;  Laws 2007, LB463,  776;  Laws 2017, LB88,  71.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.Annotations The Board of Nursing has power to deny a license upon proof applicant is guilty of unprofessional conduct, and upon review de novo district court may not substitute its own judgment on that issue. Scott v. State ex rel. Board of Nursing, 196 Neb. 681, 244 N.W.2d 683 (1976).
38-2221.  Practical nursing; license; requirements.An applicant for a license to practice as a licensed practical nurse shall submit satisfactory proof that the applicant has completed four years of high school study or its equivalent as determined by the board and has completed the basic curriculum in and holds a diploma from an approved program of nursing. There is no minimum age requirement for licensure as a licensed practical nurse.Source   Laws 1955, c. 272,  8, p. 859;  Laws 1974, LB 811,  13;  Laws 1975, LB 422,  17;   Laws 1980, LB 847,  19;  Laws 1989, LB 344,  7;  Laws 1995, LB 563,  32;  Laws 1997, LB 752,  158;  Laws 1999, LB 594,  42;  Laws 2003, LB 242,  47;   R.S.1943, (2003),  71-1,132.37;  Laws 2007, LB463,  777. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2222.  Nursing; license; examination.An applicant for a license as a registered nurse or as a licensed practical nurse shall pass an examination as prescribed by the board in rules and regulations.Source   Laws 1953, c. 245,  8(1), p. 841;  Laws 1975, LB 422,  9;   Laws 1980, LB 847,  5;  Laws 1983, LB 472,  2;  Laws 1987, LB 473,  23;  Laws 1994, LB 1210,  57;  Laws 1995, LB 563,  18;   R.S.1943, (2003),  71-1,132.14;  Laws 2007, LB463,  778. 
38-2223.  Registered nurse; licensed practical nurse; reciprocity; continuing competency requirements; military spouse; temporary license.(1) An applicant for a license as a registered nurse or a licensed practical nurse based on licensure in another jurisdiction shall meet the continuing competency requirements as specified in rules and regulations adopted and promulgated by the board in addition to the standards set by the board pursuant to section 38-126.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source   Laws 1953, c. 245,  8(2), p. 841;  Laws 1975, LB 422,  10;   Laws 1980, LB 847,  6;  Laws 1995, LB 563,  19;   R.S.1943, (2003),  71-1,132.15;  Laws 2007, LB463,  779;  Laws 2017, LB88,  72.  Annotations The Board of Nursing has power to deny a license upon proof applicant is guilty of unprofessional conduct, and upon review de novo district court may not substitute its own judgment on that issue. Scott v. State ex rel. Board of Nursing, 196 Neb. 681, 244 N.W.2d 683 (1976).
38-2224.  Nursing license; reciprocity; compact requirements.Before recognizing a home state license to practice nursing issued by a state which is a party to the Nurse Licensure Compact, the board shall determine that such state's qualifications for a nursing license are substantially equivalent to or more stringent than the minimum qualifications for issuance of a Nebraska license under the Nurse Practice Act.Source  Laws 2000, LB 523,  4;   R.S.1943, (2003),  71-1,132.19;  Laws 2007, LB463,  780. Cross References  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
38-2225.  Nursing; temporary license; issuance; conditions; how long valid; extension.(1) A temporary license to practice nursing may be issued to:(a) An individual seeking to obtain licensure or reinstatement of his or her license as a registered nurse or licensed practical nurse when he or she has not practiced nursing in the last five years. A temporary license issued under this subdivision is valid only for the duration of the review course of study and only for nursing practice required for the review course of study;(b) Graduates of approved programs of nursing who have passed the licensure examination, pending the completion of application for Nebraska licensure as a registered nurse or licensed practical nurse. A temporary license issued under this subdivision is valid for a period not to exceed sixty days;(c) Nurses currently licensed in another state as either a registered nurse or a licensed practical nurse who have graduated from an educational program approved by the board, pending completion of application for Nebraska licensure as a registered nurse or licensed practical nurse. A temporary license issued under this subdivision shall be valid for a period not to exceed sixty days; or(d) Military spouses as provided in section 38-129.01.(2) A temporary license issued pursuant to subdivision (1)(a), (b), or (c) of this section may be extended by the department, with the recommendation of the board.Source   Laws 1953, c. 245,  8(3), p. 841;  Laws 1975, LB 422,  11;   Laws 1980, LB 847,  7;  Laws 1994, LB 1210,  58;  Laws 1995, LB 563,  20;  Laws 2002, LB 1062,  24;   R.S.1943, (2003),  71-1,132.16;  Laws 2007, LB463,  781;  Laws 2017, LB88,  73.  Annotations The Board of Nursing has power to deny a license upon proof applicant is guilty of unprofessional conduct, and upon review de novo district court may not substitute its own judgment on that issue. Scott v. State ex rel. Board of Nursing, 196 Neb. 681, 244 N.W.2d 683 (1976).
38-2226.  License on inactive status; reinstatement.Any licensed practical nurse or registered nurse whose license has been placed on inactive status due to a change in primary state of residence under the Nurse Licensure Compact may apply to reinstate his or her license upon (1) change in primary state of residence back to Nebraska or to another noncompact state, (2) meeting the continuing competency requirements, and (3) paying the renewal fee.Source Laws 2007, LB463,  782. Cross References  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
38-2227.  Fees.The department shall establish and collect fees for credentialing under the Nurse Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  783. 
38-2228.  Nursing; use of title; restriction.(1) In the interest of public safety and consumer awareness, it is unlawful for any person to use the title nurse in reference to himself or herself in any capacity, except individuals who are or have been licensed as a registered nurse or a licensed practical nurse. A Christian Science nurse may refer to himself or herself only as a Christian Science nurse.(2) The terms "nurse", "registered nurse", and "licensed practical nurse" include persons licensed as registered nurses or licensed practical nurses by a state that is a party to the Nurse Licensure Compact. Unless the context otherwise indicates or unless doing so would be inconsistent with the compact, nurses practicing in this state under a license issued by a state that is a party to the compact have the same rights and obligations as imposed by the laws of this state on licensees licensed under the Nurse Practice Act. The department has the authority to determine whether a right or obligation imposed on licensees applies to nurses practicing in this state under a license issued by a state that is a party to the compact, unless that determination is inconsistent with the compact.Source  Laws 1995, LB 563,  6;  Laws 1996, LB 1155,  25;  Laws 2000, LB 523,  7;   R.S.1943, (2003),  71-1,132.17;  Laws 2007, LB463,  784. Cross References  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
38-2229.  Nursing; license; title or abbreviation; use.Any person who holds a license to practice as a registered nurse in this state has the right to use the title Registered Nurse and the abbreviation R.N. No other person shall assume or use such title or abbreviation or any words, letters, signs, or devices to indicate that the person using the same is authorized to practice registered nursing.Source   Laws 1953, c. 245,  10, p. 842;   Laws 1992, LB 1019,  43;  Laws 1995, LB 563,  21;  Laws 2002, LB 1062,  25;  Laws 2005, LB 256,  28;   R.S.Supp.,2006,  71-1,132.18;  Laws 2007, LB463,  785. 
38-2230.  Practical nursing; license; title or abbreviation; use.Any person who holds a license to practice as a licensed practical nurse in this state shall have the right to use the title Licensed Practical Nurse and the abbreviation L.P.N. No other person shall assume or use such title or abbreviation or any words, letters, signs, or devices to indicate that the person using the same is authorized to practice practical nursing in this state.Source   Laws 1955, c. 272,  12, p. 860;  Laws 1995, LB 563,  33;   R.S.1943, (2003),  71-1,132.41;  Laws 2007, LB463,  786. 
38-2231.  Disciplinary actions; limitations imposed by compact.(1) In order to effectuate the transition into compact administration, the board shall require all licensees entering into or becoming subject to an order of probation or other disciplinary action that limits practice or requires monitoring to agree, as of the date of the order, not to practice in any other state which is a party to the Nurse Licensure Compact during the term of such probation or disciplinary action without prior authorization from the other party state.(2) Any licensee subject to disciplinary action, such as revocation, suspension, probation, or any other action which affects a licensee's authorization to practice, on the effective date of entering the compact, is not entitled to a multistate license privilege while such disciplinary action is in effect unless practice in another state is authorized by this state and any other state in which the licensee wishes to practice.Source  Laws 2000, LB 523,  3;   R.S.1943, (2003),  71-1,132.38;  Laws 2007, LB463,  787. Cross References  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
38-2232.  Nursing program; application.An institution desiring to conduct a program of nursing shall apply to the board and submit evidence to the board that it is prepared to carry out the prescribed basic nursing curriculum and to meet the other standards established by the Nurse Practice Act and by the board.Source   Laws 1953, c. 245,  15(1), p. 843;   Laws 1955, c. 272,  6, p. 858;   Laws 1980, LB 847,  10;  Laws 1995, LB 563,  24;  Laws 2002, LB 1062,  27;   R.S.1943, (2003),  71-1,132.24;  Laws 2007, LB463,  788. 
38-2233.  Nursing program; application; form.An application to conduct a program of nursing shall be made in writing upon a form to be approved and furnished by the board.Source   Laws 1953, c. 245,  15(2), p. 843;   Laws 1955, c. 272,  7, p. 858;  Laws 1995, LB 563,  25;  Laws 2002, LB 1062,  28;   R.S.1943, (2003),  71-1,132.25;  Laws 2007, LB463,  789. 
38-2234.  Nursing program; survey; report; approval.A survey of the program institution shall be made by the executive director or other representative appointed by the board, who shall submit a written report of the survey to the board. If, in the opinion of the board, the program meets the requirements for approval, the board shall approve the program.Source   Laws 1953, c. 245,  15(3), p. 843;  Laws 1995, LB 563,  26;   R.S.1943, (2003),  71-1,132.26;  Laws 2007, LB463,  790. 
38-2235.  Nursing programs; survey; report.The board shall, through the executive director or other representative appointed by the board, survey all programs of nursing in the state at time intervals to be determined by the board through rules and regulations. Written reports of such surveys shall be submitted to the board. The board shall act on the report to grant or deny continuing approval of the program.Source   Laws 1953, c. 245,  15(4), p. 844;  Laws 1975, LB 422,  13;  Laws 1995, LB 563,  27;  Laws 1999, LB 594,  40;   R.S.1943, (2003),  71-1,132.27;  Laws 2007, LB463,  791. 
38-2236.  Nursing programs; failure to maintain standards; notice; discontinue; hearing.If the board determines that any approved program of nursing is not maintaining the standards required by the statutes, rules, and regulations, notice in writing, specifying the defect or defects, shall be immediately given to the program. A program which fails to correct these conditions to the satisfaction of the board within a reasonable time shall be discontinued after hearing.Source   Laws 1953, c. 245,  15(5), p. 844;   Laws 1980, LB 847,  11;  Laws 1995, LB 563,  28;   R.S.1943, (2003),  71-1,132.28;  Laws 2007, LB463,  792. 
38-2237.  Intravenous therapy; requirements.(1) A licensed practical nurse may provide intravenous therapy if he or she (a) holds a valid license issued before May 1, 2016, by the department pursuant to the Licensed Practical Nurse-Certified Practice Act as such act existed on such date, (b) graduates from an approved program of practical nursing on or after May 1, 2016, or (c) holds a valid license as a licensed practical nurse issued on or before May 1, 2016, and completes, within five years after August 24, 2017, (i) an eight-hour didactic course in intravenous therapy which shall include, but not be limited to, peripheral intravenous lines, central lines, and legal aspects of intravenous therapy and (ii) an approved employer-specific intravenous therapy skills course.(2) This section does not require a licensed practical nurse who does not provide intravenous therapy in the course of employment to complete the course described in subdivision (1)(c)(ii) of this section.Source Laws 2017, LB88,  69. 
38-2238.  Licenses issued under Licensed Practical Nurse-Certified Practice Act; how treated.On and after November 1, 2017, all licenses issued pursuant to the Licensed Practical Nurse-Certified Practice Act before such date shall be renewed as licenses to practice as a licensed practical nurse pursuant to section 38-2221.Source Laws 2017, LB88,  74. 
38-2301.  Act, how cited.Sections 38-2301 to 38-2324 shall be known and may be cited as the Nurse Practitioner Practice Act.Source   Laws 1981, LB 379,  1;  Laws 1984, LB 724,  2;  Laws 1996, LB 414,  11;  Laws 2000, LB 1115,  26;  Laws 2005, LB 256,  47;   R.S.Supp.,2006,  71-1704;  Laws 2007, LB463,  793;  Laws 2012, LB1042,  1;  Laws 2015, LB107,  2.  
38-2302.  Definitions, where found.For purposes of the Nurse Practitioner Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2303 to 38-2314.01 apply.Source   Laws 1981, LB 379,  3;  Laws 1984, LB 724,  3;   Laws 1992, LB 1019,  70;  Laws 1996, LB 414,  13;  Laws 2000, LB 1115,  28;  Laws 2005, LB 256,  48;   R.S.Supp.,2006,  71-1706;  Laws 2007, LB463,  794;  Laws 2015, LB107,  3.  
38-2303.  Approved certification program, defined.Approved certification program means a certification process for nurse practitioners utilized by an approved certifying body that (1) requires evidence of completion of a formal program of study in the nurse practitioner clinical specialty, (2) requires successful completion of a nationally recognized certification examination developed by the approved certifying body, (3) provides an ongoing recertification program, and (4) is approved by the board.Source  Laws 1984, LB 724,  7;  Laws 1996, LB 414,  20;  Laws 2000, LB 1115,  38;  Laws 2005, LB 256,  53;   R.S.Supp.,2006,  71-1716.02;  Laws 2007, LB463,  795. 
38-2304.  Approved certifying body, defined.Approved certifying body means a national certification organization which certifies qualified licensed nurses for advanced practice in a clinical specialty area and which (1) requires eligibility criteria related to education and practice, (2) offers an examination in an advanced nursing area which meets current psychometric guidelines and tests, and (3) is approved by the board.Source  Laws 1984, LB 724,  6;  Laws 1996, LB 414,  19;  Laws 2000, LB 1115,  37;   R.S.1943, (2003),  71-1716.01;  Laws 2007, LB463,  796. 
38-2305.  Approved nurse practitioner program, defined.Approved nurse practitioner program means a program which:(1) Is a graduate-level program accredited by a national accrediting body recognized by the United States Department of Education;(2) Includes, but is not limited to, instruction in biological, behavioral, and health sciences relevant to practice as a nurse practitioner in a specific clinical area; and(3) For the specialties of women's health and neonatal, grants a post-master certificate, master's degree, or doctoral degree for all applicants who graduated on or after July 1, 2007, and for all other specialties, grants a post-master certificate, master's degree, or doctoral degree for all applicants who graduated on or after July 19, 1996.Source   Laws 1981, LB 379,  14;  Laws 1984, LB 724,  12;  Laws 1993, LB 536,  67;  Laws 1996, LB 414,  22;  Laws 2000, LB 1115,  41;  Laws 2005, LB 256,  56;   R.S.Supp.,2006,  71-1717;  Laws 2007, LB463,  797;  Laws 2017, LB88,  75.  
38-2306.  Board, defined.Board means the Board of Advanced Practice Registered Nurses.Source   Laws 1981, LB 379,  5;  Laws 1996, LB 414,  15;  Laws 2000, LB 1115,  30;   R.S.1943, (2003),  71-1708;  Laws 2007, LB463,  798. 
38-2307.  Boards, defined.Boards means the Board of Advanced Practice Registered Nurses and the Board of Nursing of the State of Nebraska.Source  Laws 1984, LB 724,  4;  Laws 1996, LB 414,  16;  Laws 2000, LB 1115,  31;   R.S.1943, (2003),  71-1709.01;  Laws 2007, LB463,  799. 
38-2308.  Collaboration, defined.Collaboration means a process and relationship in which a nurse practitioner, together with other health professionals, delivers health care within the scope of authority of the various clinical specialty practices.Source   Laws 1981, LB 379,  13;  Laws 1984, LB 724,  11;  Laws 1996, LB 414,  18;  Laws 2000, LB 1115,  36;  Laws 2005, LB 256,  52;   R.S.Supp.,2006,  71-1716;  Laws 2007, LB463,  800. 
38-2309.  Consultation, defined.Consultation means a process whereby a nurse practitioner seeks the advice or opinion of a physician or another health care practitioner.Source  Laws 1996, LB 414,  23;  Laws 2000, LB 1115,  32;  Laws 2005, LB 256,  50;   R.S.Supp.,2006,  71-1709.02;  Laws 2007, LB463,  801. 
38-2310.  Transferred to section 38-2314.01.
38-2311.  Licensed practitioner, defined.Licensed practitioner means any podiatrist, dentist, physician, or osteopathic physician licensed to prescribe, diagnose, and treat as provided in the Uniform Credentialing Act.Source   Laws 1981, LB 379,  9;  Laws 2000, LB 1115,  34;   R.S.1943, (2003),  71-1712;  Laws 2007, LB463,  803. 
38-2312.  Nurse practitioner, defined.Nurse practitioner means a registered nurse certified as described in section 38-2317 and licensed under the Advanced Practice Registered Nurse Practice Act to practice as a nurse practitioner.Source   Laws 1981, LB 379,  4;  Laws 1984, LB 724,  5;  Laws 1996, LB 414,  14;  Laws 2000, LB 1115,  29;  Laws 2005, LB 256,  49;   R.S.Supp.,2006,  71-1707;  Laws 2007, LB185,  5;  Laws 2007, LB463,  804. Cross References  Advanced Practice Registered Nurse Practice Act, see section 38-201.
38-2313.  Preceptorship, defined.Preceptorship means the clinical practice component of an educational program for the preparation of nurse practitioners.Source   Laws 1981, LB 379,  11;  Laws 1996, LB 414,  17;  Laws 2000, LB 1115,  35;  Laws 2005, LB 256,  51;   R.S.Supp.,2006,  71-1714;  Laws 2007, LB463,  805. 
38-2314.01.  Transition-to-practice agreement, defined.Transition-to-practice agreement means a collaborative agreement for two thousand hours of initial practice between a nurse practitioner and a supervising provider which provides for the delivery of health care through a collaborative practice and which meets the requirements of section 38-2322.Source  Laws 1984, LB 724,  9;  Laws 1996, LB 414,  21;  Laws 2000, LB 1115,  39;  Laws 2005, LB 256,  54;   R.S.Supp.,2006,  71-1716.03;  Laws 2007, LB463,  802;   R.S.1943, (2008),  38-2310;  Laws 2015, LB107,  4;  Laws 2017, LB88,  76.  
38-2314.  Referral, defined.Referral means a process whereby a nurse practitioner directs the patient to a physician or other health care practitioner for management of a particular problem or aspect of the patient's care.Source  Laws 1996, LB 414,  24;  Laws 2000, LB 1115,  40;  Laws 2005, LB 256,  55;   R.S.Supp.,2006,  71-1716.05;  Laws 2007, LB463,  806. 
38-2315.  Nurse practitioner; functions; scope.(1) A nurse practitioner may provide health care services within specialty areas. A nurse practitioner shall function by establishing collaborative, consultative, and referral networks as appropriate with other health care professionals. Patients who require care beyond the scope of practice of a nurse practitioner shall be referred to an appropriate health care provider.(2) Nurse practitioner practice means health promotion, health supervision, illness prevention and diagnosis, treatment, and management of common health problems and acute and chronic conditions, including:(a) Assessing patients, ordering diagnostic tests and therapeutic treatments, synthesizing and analyzing data, and applying advanced nursing principles;(b) Dispensing, incident to practice only, sample medications which are provided by the manufacturer and are provided at no charge to the patient; and(c) Prescribing therapeutic measures and medications relating to health conditions within the scope of practice.(3) A nurse practitioner who has proof of a current certification from an approved certification program in a psychiatric or mental health specialty may manage the care of patients committed under the Nebraska Mental Health Commitment Act. Patients who require care beyond the scope of practice of a nurse practitioner who has proof of a current certification from an approved certification program in a psychiatric or mental health specialty shall be referred to an appropriate health care provider.(4) A nurse practitioner may pronounce death and may complete and sign death certificates and any other forms if such acts are within the scope of practice of the nurse practitioner and are not otherwise prohibited by law.Source   Laws 1981, LB 379,  18;  Laws 1984, LB 724,  14;  Laws 1996, LB 414,  25;  Laws 2000, LB 1115,  44;  Laws 2005, LB 256,  57;  Laws 2006, LB 994,  96;   R.S.Supp.,2006,  71-1721;  Laws 2007, LB463,  807;  Laws 2012, LB1042,  2;  Laws 2013, LB243,  1;  Laws 2015, LB107,  5.  Cross References  Nebraska Mental Health Commitment Act, see section 71-901.
38-2316.  Unlicensed person; acts permitted.The Nurse Practitioner Practice Act does not prohibit the performance of activities of a nurse practitioner by a person who does not have a license or temporary license under the act if performed:(1) In an emergency situation;(2) By a legally qualified person from another state employed by the United States Government and performing official duties in this state; or(3) By a person enrolled in an approved nurse practitioner program for the preparation of nurse practitioners as part of that approved program.Source  Laws 1984, LB 724,  25;  Laws 1996, LB 414,  40;  Laws 2000, LB 1115,  58;  Laws 2005, LB 256,  71;   R.S.Supp.,2006,  71-1726.01;  Laws 2007, LB185,  12;  Laws 2007, LB463,  808;  Laws 2017, LB88,  77.  
38-2317.  Nurse practitioner; licensure; requirements.(1) An applicant for licensure under the Advanced Practice Registered Nurse Practice Act to practice as a nurse practitioner shall have:(a) A license as a registered nurse in the State of Nebraska or the authority based upon the Nurse Licensure Compact to practice as a registered nurse in Nebraska;(b) Evidence of having successfully completed a graduate-level program in the clinical specialty area of nurse practitioner practice, which program is accredited by a national accrediting body;(c) Proof of having passed an examination pertaining to the specific nurse practitioner role in nursing adopted or approved by the board with the approval of the department. Such examination may include any recognized national credentialing examination for nurse practitioners conducted by an approved certifying body which administers an approved certification program; and(d) Evidence of completion of two thousand hours of practice as a nurse practitioner which have been completed under a transition-to-practice agreement, under a collaborative agreement, under an integrated practice agreement, through independent practice, or under any combination of such agreements and practice, as allowed in this state or another state.(2) If more than five years have elapsed since the completion of the nurse practitioner program or since the applicant has practiced in the specific nurse practitioner role, the applicant shall meet the requirements in subsection (1) of this section and provide evidence of continuing competency as required by the board.Source   Laws 1981, LB 379,  19;  Laws 1984, LB 724,  20;  Laws 1986, LB 926,  55;  Laws 1993, LB 536,  70;  Laws 1996, LB 414,  30;  Laws 1997, LB 752,  173;  Laws 2000, LB 1115,  46;  Laws 2002, LB 1021,  57;  Laws 2003, LB 242,  101;  Laws 2005, LB 256,  59;   R.S.Supp.,2006,  71-1722;  Laws 2007, LB185,  6;  Laws 2007, LB463,  809;  Laws 2017, LB88,  78.  Cross References   Advanced Practice Registered Nurse Practice Act, see section 38-201.  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02. 
38-2318.  Nurse practitioner; temporary license; requirements; military spouse; temporary license.(1)(a) The department may grant a temporary license to practice as a nurse practitioner for up to one hundred twenty days upon application:(i) To graduates of an approved nurse practitioner program pending results of the first credentialing examination following graduation;(ii) To a nurse practitioner lawfully authorized to practice in another state pending completion of the application for a Nebraska license; and(iii) To applicants for purposes of a reentry program or supervised practice as part of continuing competency activities established by the board.(b) A temporary license issued pursuant to this subsection may be extended for up to one year with the approval of the board.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 1984, LB 724,  22;  Laws 1993, LB 536,  72;  Laws 1996, LB 414,  37;  Laws 2000, LB 1115,  53;  Laws 2002, LB 1021,  59;  Laws 2005, LB 256,  66;   R.S.Supp.,2006,  71-1724.01;  Laws 2007, LB185,  11;  Laws 2007, LB463,  810;  Laws 2017, LB88,  79.  
38-2319.  Nurse practitioner; license; renewal; requirements.To renew a license to practice as a nurse practitioner, the applicant shall have:(1) Documentation of a minimum of two thousand eighty hours of practice as a nurse practitioner within the five years immediately preceding renewal. These practice hours shall fulfill the requirements of the practice hours required for registered nurse renewal. Practice hours as an advanced practice registered nurse prior to July 1, 2007, shall be used to fulfill the requirements of this section; and(2) Proof of current certification in the specific nurse practitioner clinical specialty area by an approved certification program.Source   Laws 1981, LB 379,  21;  Laws 1983, LB 472,  6;  Laws 1984, LB 724,  21;  Laws 1986, LB 926,  56;  Laws 1988, LB 1100,  105;  Laws 1993, LB 536,  71;  Laws 1996, LB 414,  36;  Laws 2000, LB 1115,  52;  Laws 2002, LB 1021,  58;  Laws 2003, LB 242,  103;  Laws 2005, LB 256,  65;   R.S.Supp.,2006,  71-1724;  Laws 2007, LB185,  10;  Laws 2007, LB463,  811. 
38-2320.  Nurse practitioner; liability insurance; when required.(1) Nurse practitioners shall maintain in effect professional liability insurance with such coverage and limits as may be established by the board.(2) If a nurse practitioner renders services in a hospital or other health care facility, he or she shall be subject to the rules and regulations of that facility. Such rules and regulations may include, but need not be limited to, reasonable requirements that the nurse practitioner and all collaborating licensed practitioners maintain professional liability insurance with such coverage and limits as may be established by the hospital or other health care facility upon the recommendation of the medical staff.Source  Laws 1996, LB 414,  35;  Laws 2000, LB 1115,  51;  Laws 2005, LB 256,  64;   R.S.Supp.,2006,  71-1723.04;  Laws 2007, LB463,  812. 
38-2321.  Nurse practitioner; right to use title or abbreviation.A person licensed to practice as a nurse practitioner in this state may use the title nurse practitioner and the abbreviation NP.Source  Laws 1984, LB 724,  27;  Laws 1996, LB 414,  32;  Laws 2000, LB 1115,  48;  Laws 2005, LB 256,  61;   R.S.Supp.,2006,  71-1723.01;  Laws 2007, LB185,  8;  Laws 2007, LB463,  813. 
38-2322.  Nurse practitioner; licensed on or before August 30, 2015; requirements; transition-to-practice agreement; contents.(1)(a) A transition-to-practice agreement shall be a formal written agreement that provides that the nurse practitioner and the supervising provider practice collaboratively within the framework of their respective scopes of practice.(b) The nurse practitioner and the supervising provider shall each be responsible for his or her individual decisions in managing the health care of patients through consultation, collaboration, and referral. The nurse practitioner and the supervising provider shall have joint responsibility for the delivery of health care to a patient based upon the scope of practice of the nurse practitioner and the supervising provider.(c) The supervising provider shall be responsible for supervision of the nurse practitioner to ensure the quality of health care provided to patients.(d) In order for a nurse practitioner to be a supervising provider for purposes of a transition-to-practice agreement, the nurse practitioner shall submit to the department evidence of completion of ten thousand hours of practice as a nurse practitioner which have been completed under a transition-to-practice agreement, under a collaborative agreement, under an integrated practice agreement, through independent practice, or under any combination of such agreements or practice, as allowed in this state or another state.(2) A nurse practitioner who was licensed in good standing in Nebraska on or before August 30, 2015, and had attained the equivalent of an initial two thousand hours of practice supervised by a physician or osteopathic physician shall be allowed to practice without a transition-to-practice agreement.(3) For purposes of this section:(a) Supervising provider means a physician, osteopathic physician, or nurse practitioner licensed and practicing in Nebraska and practicing in the same practice specialty, related specialty, or field of practice as the nurse practitioner being supervised; and(b) Supervision means the ready availability of the supervising provider for consultation and direction of the activities of the nurse practitioner being supervised within such nurse practitioner's defined scope of practice.Source  Laws 1996, LB 414,  33;  Laws 2000, LB 1115,  49;  Laws 2002, LB 1062,  46;  Laws 2005, LB 256,  62;   R.S.Supp.,2006,  71-1723.02;  Laws 2007, LB185,  9;  Laws 2007, LB463,  814;  Laws 2015, LB107,  6;  Laws 2017, LB88,  80.  
38-2323.  Nurse practitioner; actions not prohibited.Nothing in the Nurse Practitioner Practice Act shall prohibit a nurse practitioner from consulting or collaborating with and referring patients to health care providers not included in the nurse practitioner's transition-to-practice agreement.Source  Laws 1996, LB 414,  34;  Laws 2000, LB 1115,  50;  Laws 2005, LB 256,  63;   R.S.Supp.,2006,  71-1723.03;  Laws 2007, LB463,  815;  Laws 2015, LB107,  7.  
38-2324.  Nurse practitioner; signing of death certificates; grounds for disciplinary action.In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a license to practice as a nurse practitioner may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee fails to comply with the provisions of section 71-603.01 and 71-605 relating to the signing of death certificates.Source Laws 2012, LB1042,  3.
38-2401.  Act, how cited.Sections 38-2401 to 38-2426 shall be known and may be cited as the Nursing Home Administrator Practice Act.Source  Laws 2007, LB463,  816;  Laws 2013, LB42,  1. 
38-2402.  Definitions, where found.For purposes of the Nursing Home Administrator Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2403 to 38-2416 apply.Source  Laws 2007, LB463,  817;  Laws 2013, LB42,  2. 
38-2403.  Accredited institution, defined.Accredited institution means a postsecondary educational institution approved by the board.Source Laws 2007, LB463,  818. 
38-2404.  Administrator or nursing home administrator, defined.Administrator or nursing home administrator means any individual who meets the education and training requirements of section 38-2419 and is responsible for planning, organizing, directing, and controlling the operation of a nursing home or an integrated system or who in fact performs such functions, whether or not such functions are shared by one or more other persons. Notwithstanding this section or any other provision of law, the administrator of an intermediate care facility for persons with developmental disabilities may be either a licensed nursing home administrator or a qualified developmental disabilities professional.Source  Laws 2007, LB463,  819;  Laws 2013, LB23,  7. 
38-2405.  Administrator-in-training, defined.Administrator-in-training means a person who is undergoing training to become a nursing home administrator and is directly supervised in a nursing home by a certified preceptor.Source Laws 2007, LB463,  820. 
38-2406.  Board, defined.Board means the Board of Nursing Home Administration.Source Laws 2007, LB463,  821. 
38-2407.  Certified preceptor, defined.Certified preceptor means a person who is currently licensed by the State of Nebraska as a nursing home administrator, has three years of experience as a nursing home administrator, has practiced within the last two years in a nursing home, and is approved by the department to supervise an administrator-in-training or a person in a mentoring program.Source Laws 2007, LB463,  822. 
38-2408.  Core educational requirements, defined.Core educational requirements means courses necessary for licensure as a nursing home administrator and includes courses in patient care and services, social services, financial management, administration, and rules, regulations, and standards relating to the operation of a health care facility.Source Laws 2007, LB463,  823. 
38-2409.  Degree or advanced degree, defined.Degree or advanced degree means a baccalaureate, master's, or doctorate degree from an accredited institution and which includes studies in the core educational requirements.Source Laws 2007, LB463,  824. 
38-2410.01.  Facility operated primarily for caring for persons with head injuries and associated disorders, defined.Facility operated primarily for caring for persons with head injuries and associated disorders means a nursing home in which all or a majority of the persons served by the nursing home have head injuries and associated disorders.Source Laws 2013, LB42,  3.
38-2410.  Degree or advanced degree in health care, defined.Degree or advanced degree in health care means a baccalaureate, master's, or doctorate degree from an accredited institution in health care, health care administration, or services.Source Laws 2007, LB463,  825. 
38-2411.  Integrated system, defined.Integrated system means a health and human services organization offering different levels of licensed care or treatment on the same premises.Source Laws 2007, LB463,  826. 
38-2412.  Internship, defined.Internship means that aspect of the educational program of the associate degree in long-term care administration which allows for practical experience in a nursing home and occurs under the supervision of a certified preceptor.Source Laws 2007, LB463,  827. 
38-2413.  Nursing degree, defined.Nursing degree means a degree or diploma in nursing from an accredited program of nursing approved by the Board of Nursing.Source Laws 2007, LB463,  828. 
38-2414.  Nursing home or home for the aged or infirm, defined.Nursing home or home for the aged or infirm means any institution or facility licensed as a nursing facility or a skilled nursing facility by the department pursuant to the Health Care Facility Licensure Act, whether proprietary or nonprofit, including, but not limited to, homes for the aged or infirm owned or administered by the federal or state government or an agency or political subdivision thereof.Source Laws 2007, LB463,  829. Cross References  Health Care Facility Licensure Act, see section 71-401.
38-2415.  Previous work experience, defined.Previous work experience means at least two years working full time in a nursing home or previous work experience in health care administration.Source Laws 2007, LB463,  830. 
38-2416.  Previous work experience in health care administration, defined.Previous work experience in health care administration means at least two years working full time as an administrator or director of nursing of a hospital with a long-term care unit or assisted-living facility or director of nursing in a nursing home.Source Laws 2007, LB463,  831. 
38-2417.  Board; members; qualifications.(1) The board shall consist of seven professional members and two public members appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165.(2) The professional members shall consist of: (a) Two members who hold active licenses and are currently employed in the management, operation, or ownership of proprietary homes for the aged or infirm or nursing homes that serve the aged or infirm in Nebraska; (b) two members who hold active licenses and are currently employed in the management or operation of a nonprofit home for the aged or infirm or nursing home or hospital caring for chronically ill or infirm, aged patients; (c) one member who is a member of the faculty of a college or university located in the state who is actively engaged in a teaching program relating to business administration, social work, gerontology, or some other aspect of the administration of health care facilities; (d) one member who is a licensed physician and surgeon with a demonstrated interest in long-term care; and (e) one member who is a licensed registered nurse.Source  Laws 1972, LB 1040,  5;   Laws 1980, LB 686,  3;  Laws 1988, LB 693,  10;  Laws 1989, LB 344,  20;   R.S.Supp.,1989,  71-2045.01;  Laws 1994, LB 1223,  76;  Laws 1996, LB 1044,  755;  Laws 1999, LB 411,  9;  Laws 2002, LB 1062,  61;   R.S.1943, (2003),  71-6065;  Laws 2007, LB296,  649;  Laws 2007, LB463,  832. 
38-2418.  Licensed administrator; when required; provisional license.Each nursing home within the state shall be operated under the supervision of an administrator duly licensed in the manner provided in the Nursing Home Administrator Practice Act. Each facility within the state operated primarily for caring for persons with head injuries and associated disorders shall be operated under the supervision of an administrator duly licensed in the manner provided in the Nursing Home Administrator Practice Act. If there is a vacancy in the position of licensed administrator of a nursing home, the owner, governing body, or other appropriate authority of the nursing home may select a person to apply for a provisional license in nursing home administration to serve as the administrator of such facility.Source  Laws 1972, LB 1040,  8;   Laws 1980, LB 686,  5;  Laws 1988, LB 693,  12;   R.S.Supp.,1988,  71-2045.04;   R.S.1943, (2003),  71-6062;  Laws 2007, LB463,  833;  Laws 2013, LB42,  4. 
38-2419.  Nursing home administrator; license; issuance; qualifications; duties.(1) The department shall issue a license to an applicant who submits (a) satisfactory evidence of completion of (i) an associate degree which includes the core educational requirements and an administrator-in-training program under a certified preceptor, (ii) a degree or an advanced degree and a mentoring program under a certified preceptor, (iii) a nursing degree, previous work experience in health care administration, and a mentoring program under a certified preceptor, (iv) a degree or an advanced degree in health care and previous work experience in health care administration, or (v) an associate degree which includes the core educational requirements, previous work experience, and a mentoring program under a certified preceptor, and (b) evidence of successful passage of the National Association of Boards of Examiners for Nursing Home Administration written examination.(2) The department shall license administrators in accordance with the Nursing Home Administrator Practice Act and standards, rules, and regulations adopted and promulgated by the department, with the recommendation of the board. The license shall not be transferable or assignable.(3) Each administrator shall be responsible for and oversee the operation of only one licensed facility or one integrated system, except that an administrator may make application to the department for approval to be responsible for and oversee the operations of a maximum of three licensed facilities if such facilities are located within two hours' travel time of each other or to act in the dual role of administrator and department head but not in the dual role of administrator and director of nursing. In reviewing the application, the department may consider the proximity of the facilities and the number of licensed beds in each facility. An administrator responsible for and overseeing the operations of any integrated system is subject to disciplinary action against his or her license for any regulatory violations within each system.Source  Laws 1972, LB 1040,  6;   Laws 1980, LB 686,  4;  Laws 1988, LB 352,  126;   R.S.1943, (1986),  71-2045.02;  Laws 1988, LB 693,  3;  Laws 1989, LB 344,  19;  Laws 1989, LB 733,  1;   R.S.Supp.,1989,  71-2041.02;  Laws 1991, LB 58,  1;   Laws 1991, LB 456,  38;   Laws 1992, LB 1019,  83;  Laws 1993, LB 669,  59;  Laws 1994, LB 1223,  74;  Laws 1997, LB 608,  23;  Laws 1997, LB 752,  193;  Laws 1999, LB 411,  2;  Laws 2002, LB 1021,  92;  Laws 2002, LB 1062,  56;  Laws 2003, LB 242,  133;  Laws 2005, LB 246,  2;   R.S.Supp.,2006,  71-6054;  Laws 2007, LB463,  834;  Laws 2013, LB42,  5. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2420.  Administrator-in-training program; mentoring program; certified preceptor; requirements.(1) Except as provided in subdivision (1)(a)(iv) of section 38-2419 and section 38-2426, in order for a person to become licensed as a nursing home administrator, he or she shall complete an administrator-in-training program or a mentoring program. The administrator-in-training program shall occur in a nursing home under the direct supervision of a certified preceptor, and it may be gained as an internship which is part of an approved associate degree. A mentoring program shall occur in a nursing home under the supervision of a certified preceptor. The certified preceptor in a mentoring program need not be at such facility during the period of such supervision but shall be available to assist with questions or problems as needed. A mentoring program may be gained as an internship which is part of a degree or advanced degree. A person in a mentoring program may apply for a provisional license as provided in section 38-2423.(2) An applicant may begin his or her administrator-in-training or mentoring program upon application to the department with the required fee, evidence that he or she has completed at least fifty percent of the core educational requirements, and evidence of an agreement between the certified preceptor and the applicant for at least six hundred forty hours of training and experience, to be gained in not less than four months. Such training shall occur in a Nebraska-licensed nursing home under a certified preceptor.(3) The certified preceptor shall submit a report to the department by the fifth day of each month for the duration of the administrator-in-training or mentoring program, describing the nature and extent of training completed to date. At the conclusion of the program, the certified preceptor shall report to the department whether the applicant has successfully completed the board's approved course for such program. With the concurrence of the certified preceptor, the applicant may remain in such program until successfully completed or may reapply to enter another administrator-in-training or mentoring program.(4)(a) The administrator-in-training or mentoring program shall occur under the supervision of a certified preceptor. An applicant to become a certified preceptor shall (i) be currently licensed as a nursing home administrator in the State of Nebraska, (ii) have three years of experience as a nursing home administrator in the five years immediately preceding certification, and (iii) complete a preceptor training course approved by the board.(b) All preceptor certificates shall expire on December 31 of every fourth year beginning December 31, 2000. Before acting on an application for renewal, the board shall review the performance of the applicant. Such review may include consideration of survey and complaint information, student evaluations, and any other related information deemed relevant by the board. The board may deny an application for renewal upon a finding that the applicant's performance has been unsatisfactory based on such review.Source  Laws 1988, LB 693,  4;  Laws 1989, LB 733,  2;   R.S.Supp.,1989,  71-2041.03;  Laws 1991, LB 455,  1;   Laws 1992, LB 1019,  84;  Laws 1999, LB 411,  3;  Laws 2003, LB 242,  134;   R.S.1943, (2003),  71-6055;  Laws 2007, LB463,  835;  Laws 2013, LB42,  6. 
38-2421.  License; reciprocity; military spouse; temporary license.The department may issue a license to any person who holds a current nursing home administrator license from another jurisdiction and is at least nineteen years old. An applicant for a license who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 1988, LB 693,  5;  Laws 1989, LB 733,  3;   R.S.Supp.,1989,  71-2041.04;  Laws 1991, LB 455,  2;   Laws 1992, LB 1019,  85;  Laws 1999, LB 411,  4;  Laws 2002, LB 1062,  57;   R.S.1943, (2003),  71-6056;  Laws 2007, LB463,  836;  Laws 2017, LB88,  81.  
38-2422.  Application for examination.Any person desiring to take the examination for a nursing home administrator license may request to take the examination any time after receiving notification of registration as an administrator-in-training or a person in a mentoring program, but the license shall not be issued until the board receives documentation of completion of the administrator-in-training or mentoring program and completion of all licensure requirements.Source  Laws 1988, LB 693,  7;   R.S.Supp.,1988,  71-2041.06;   Laws 1992, LB 1019,  86;  Laws 1999, LB 411,  5;   R.S.1943, (2003),  71-6058;  Laws 2007, LB463,  837. 
38-2423.  Acting administrator; provisional license required; application; requirements.(1) A person selected to apply for a provisional license in nursing home administration to serve as the administrator of such facility shall apply to the department. Such license, if issued, shall be valid for no more than one hundred eighty calendar days and may be issued to an individual not otherwise qualified for licensure as a nursing home administrator in order to maintain the daily operations of the facility and may not be renewed. The department may grant an extension not to exceed ninety days if the person seeking the provisional license is in a mentoring program.(2) The department may issue a provisional license to an individual who has applied for a mentoring program. Such provisional license will allow the applicant to serve as administrator in the specified facility for one hundred eighty calendar days and may not be renewed. The board may grant an extension not to exceed ninety days if the person seeking the provisional license is in a mentoring program.(3) An applicant for a provisional license under this section shall: (a) Be at least twenty-one years of age; (b) be employed on a full-time basis of not less than forty hours per week to perform the duties of the nursing home administrator; and (c) have no history of unprofessional conduct or denial or disciplinary action against a nursing home administrator license or a license to practice any other profession by any lawful licensing authority.Source  Laws 1972, LB 1040,  12;   Laws 1980, LB 686,  9;   R.S.1943, (1986),  71-2045.08;   Laws 1992, LB 1019,  89;  Laws 1999, LB 411,  8;  Laws 2003, LB 242,  137;   R.S.1943, (2003),  71-6063;  Laws 2007, LB463,  838. 
38-2424.  Providers of continuing competency activities; review and approval; fee.Providers of continuing competency activities or licensees may submit courses for review and approval by the board. Each provider or licensee applying for approval of continuing competency activities shall pay an application fee for each program, seminar, or course submitted for review.Source  Laws 1972, LB 1040,  7;  Laws 1986, LB 926,  58;  Laws 1988, LB 693,  11;   R.S.Supp.,1988,  71-2045.03;   Laws 1992, LB 1019,  87;  Laws 1999, LB 411,  6;  Laws 2002, LB 1021,  93;  Laws 2002, LB 1062,  59;  Laws 2003, LB 242,  135;   R.S.1943, (2003),  71-6060;  Laws 2007, LB463,  839. 
38-2425.  Fees.The department shall establish and collect fees for credentialing under the Nursing Home Administrator Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  840. 
38-2426.  Administrator of facility operated primarily for caring for persons with head injuries and associated disorders; license required; qualifications; renewal.(1) In order to qualify to function as the administrator of a facility operated primarily for caring for persons with head injuries and associated disorders, an individual shall be licensed as a nursing home administrator if he or she meets the requirements of this section. A license issued under this section permits the holder to serve as a nursing home administrator only in a facility operated primarily for caring for persons with head injuries and associated disorders.(2) To receive a credential to practice nursing home administration for a facility operated primarily for caring for persons with head injuries and associated disorders, an individual shall:(a) Have at least four years of experience working with persons with head injuries or severe physical disabilities, at least two of which were spent in an administrative capacity; and(b) Either:(i) Hold a credential as:(A) A psychologist pursuant to the Uniform Credentialing Act, with at least a master's degree in psychology from an accredited college or university;(B) A physician licensed pursuant to the Uniform Credentialing Act to practice medicine and surgery or psychiatry;(C) An educator with at least a master's degree in education from an accredited college or university;(D) A certified social worker, a certified master social worker, or a licensed mental health practitioner pursuant to the Uniform Credentialing Act;(E) A physical therapist, an occupational therapist, or a speech-language pathologist pursuant to the Uniform Credentialing Act; or(F) An administrator or executive of a health care facility as defined in section 71-413 who is a member in good standing with an organization that offers voluntary certification for the purpose of demonstrating managerial knowledge and experience for health care managers; or(ii) Have at least eight years of experience working with persons with head injuries or severe physical disabilities, at least five of which were spent in an administrative capacity in a facility operated primarily for caring for persons with head injuries or severe physical disabilities.(3) A license issued pursuant to this section shall be issued without examination and without the requirement of completion of an administrator-in-training or mentoring program. Such license may be renewed without the completion of any continuing competency requirements.Source Laws 2013, LB42,  7.
38-2501.  Act, how cited.Sections 38-2501 to 38-2531 shall be known and may be cited as the Occupational Therapy Practice Act.Source  Laws 1984, LB 761,  29;  Laws 2003, LB 242,  138;  Laws 2004, LB 1005,  120;   R.S.Supp.,2006,  71-6101;  Laws 2007, LB463,  841. 
38-2502.  Purpose of act.In order to (1) safeguard the public health, safety, and welfare, (2) protect the public from being misled by incompetent, unscrupulous, and unauthorized persons, (3) assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants, and (4) assure the availability of occupational therapy services of high quality to persons in need of such services, it is the purpose of the Occupational Therapy Practice Act to provide for the regulation of occupational therapists.Source  Laws 1984, LB 761,  30;   R.S.1943, (2003)  71-6102;  Laws 2007, LB463,  842. 
38-2503.  Definitions, where found.For purposes of the Occupational Therapy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2504 to 38-2514 apply.Source  Laws 1984, LB 761,  31;   Laws 1993, LB 121,  451;  Laws 1996, LB 1044,  757;  Laws 2001, LB 346,  1;  Laws 2002, LB 1021,  95;  Laws 2004, LB 1005,  121;   R.S.Supp.,2006,  71-6103;  Laws 2007, LB296,  651;  Laws 2007, LB463,  843. 
38-2504.  Association, defined.Association means a recognized national or state association for occupational therapy.Source Laws 2007, LB463,  844. 
38-2505.  Board, defined.Board means the Board of Occupational Therapy Practice.Source Laws 2007, LB463,  845. 
38-2506.  Deep thermal agent modalities, defined.Deep thermal agent modalities means therapeutic ultrasound and phonophoresis. Deep thermal agent modalities does not include the use of diathermy or lasers.Source Laws 2007, LB463,  846. 
38-2507.  Electrotherapeutic agent modalities, defined.Electrotherapeutic agent modalities means neuromuscular electrical stimulation, transcutaneous electrical nerve stimulation, and iontophoresis. Electrotherapeutic agent modalities does not include the use of ultraviolet light.Source Laws 2007, LB463,  847. 
38-2508.  Mechanical devices, defined.Mechanical devices means intermittent compression devices. Mechanical devices does not include devices to perform spinal traction.Source Laws 2007, LB463,  848. 
38-2509.  Occupational therapist, defined.Occupational therapist means a person holding a current license to practice occupational therapy.Source Laws 2007, LB463,  849. 
38-2510.  Occupational therapy, defined.(1) Occupational therapy means the use of purposeful activity with individuals who are limited by physical injury or illness, psychosocial dysfunction, developmental or learning disabilities, or the aging process in order to maximize independent function, prevent further disability, and achieve and maintain health and productivity.(2) Occupational therapy encompasses evaluation, treatment, and consultation and may include (a) remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes, (b) adaptation of task, process, or the environment, or the teaching of compensatory techniques, in order to enhance performance, (c) disability prevention methods and techniques which facilitate the development or safe application of performance skills, and (d) health promotion strategies and practices which enhance performance abilities.Source Laws 2007, LB463,  850. 
38-2511.  Occupational therapy aide, defined.Occupational therapy aide means a person who is not licensed under the Occupational Therapy Practice Act and who provides supportive services to occupational therapists and occupational therapy assistants.Source Laws 2007, LB463,  851. 
38-2512.  Occupational therapy assistant, defined.Occupational therapy assistant means a person holding a current license to assist in the practice of occupational therapy.Source Laws 2007, LB463,  852. 
38-2513.  Physical agent modalities, defined.Physical agent modalities means modalities that produce a biophysiological response through the use of water, temperature, sound, electricity, or mechanical devices.Source Laws 2007, LB463,  853. 
38-2514.  Superficial thermal agent modalities, defined.Superficial thermal agent modalities means hot packs, cold packs, ice, fluidotherapy, paraffin, water, and other commercially available superficial heating and cooling technologies.Source Laws 2007, LB463,  854. 
38-2515.  Board; members; qualifications.The board shall consist of at least four members appointed pursuant to section 38-158. Three of the persons appointed shall have been engaged in rendering services to the public, teaching, or research in occupational therapy for at least five years immediately preceding their appointments. Two of the persons appointed shall be occupational therapists and one shall be either an occupational therapist or an occupational therapy assistant and all shall be holders of active licenses issued under the Occupational Therapy Practice Act during their terms. One of the persons appointed shall be a public member who meets the requirements of section 38-165.Source  Laws 1984, LB 761,  43;  Laws 1987, LB 473,  62;  Laws 1988, LB 1100,  178;  Laws 2001, LB 346,  3;  Laws 2002, LB 1021,  97;  Laws 2004, LB 1005,  131;   R.S.Supp.,2006,  71-6115;  Laws 2007, LB463,  855. 
38-2516.  Occupational therapist; therapy assistant; licensure required; activities and services not prohibited.(1) No person may represent himself or herself to be a licensed occupational therapist or occupational therapy assistant unless the person is licensed in accordance with the Occupational Therapy Practice Act or has a compact privilege to practice in accordance with the Occupational Therapy Practice Interstate Compact.(2) Nothing in the Occupational Therapy Practice Act shall be construed to prevent:(a) Any person licensed in this state pursuant to the Uniform Credentialing Act from engaging in the profession or occupation for which he or she is licensed;(b) The activities and services of any person employed as an occupational therapist or occupational therapy assistant who serves in the armed forces of the United States or the United States Public Health Service or who is employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;(c) The activities and services of any person pursuing an accredited course of study leading to a degree or certificate in occupational therapy if such activities and services constitute a part of a supervised course of study and if such a person is designated by a title which clearly indicates his or her status as a student or trainee;(d) The activities and services of any person fulfilling the supervised fieldwork experience requirements of sections 38-2518 and 38-2519 if such activities and services constitute a part of the experience necessary to meet the requirements of such sections; or(e) Qualified members of other professions or occupations, including, but not limited to, recreation specialists or therapists, special education teachers, independent living specialists, work adjustment trainers, caseworkers, and persons pursuing courses of study leading to a degree or certification in such fields, from doing work similar to occupational therapy which is consistent with their training if they do not represent themselves by any title or description to be occupational therapists.Source  Laws 1984, LB 761,  32;  Laws 1991, LB 2,  14;  Laws 2004, LB 1005,  122;   R.S.Supp.,2006,  71-6104;  Laws 2007, LB463,  856;  Laws 2022, LB752,  22.   Effective Date: July 21, 2022  Cross References  Occupational Therapy Practice Interstate Compact, see section 38-4301.
38-2517.  Occupational therapist; therapy assistant; temporary license; applicability of section.(1) Any person who has applied to take the examination under section 38-2518 or 38-2519 and who has completed the education and experience requirements of the Occupational Therapy Practice Act may be granted a temporary license to practice as an occupational therapist or an occupational therapy assistant. A temporary license shall allow the person to practice only in association with a licensed occupational therapist and shall be valid until the date on which the results of the next licensure examination are available to the department. The temporary license shall not be renewed if the applicant has failed the examination. The temporary license may be extended by the department, with the recommendation of the board. In no case may a temporary license be extended beyond one year.(2) This section does not apply to a temporary license issued as provided in section 38-129.01.Source  Laws 1984, LB 761,  33;  Laws 1988, LB 1100,  175;   R.S.1943, (2003),  71-6105;  Laws 2007, LB463,  857;  Laws 2017, LB88,  82.  
38-2518.  Occupational therapist; license; application; requirements.(1) An applicant applying for a license as an occupational therapist shall show to the satisfaction of the department that he or she:(a) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the department and accredited by a nationally recognized medical association or nationally recognized occupational therapy association;(b) Has successfully completed a period of supervised fieldwork experience at an educational institution approved by the department and where the applicant's academic work was completed or which is part of a training program approved by such educational institution. A minimum of six months of supervised fieldwork experience shall be required for an occupational therapist; and(c) Has passed an examination as provided in section 38-2520.(2) In the case of an applicant who has been trained as an occupational therapist in a foreign country, the applicant shall:(a) Present documentation of completion of an educational program in occupational therapy that is substantially equivalent to an approved program accredited by the Accreditation Council for Occupational Therapy Education or by an equivalent accrediting agency as determined by the board;(b) Present proof of proficiency in the English language; and(c) Have passed an examination as provided in section 38-2520.(3) Residency in this state shall not be a requirement of licensure. A corporation, partnership, limited liability company, or association shall not be licensed as an occupational therapist pursuant to the Occupational Therapy Practice Act.Source  Laws 1984, LB 761,  34;  Laws 1989, LB 344,  33;   Laws 1993, LB 121,  452;  Laws 1997, LB 752,  194;  Laws 2003, LB 242,  139;   R.S.1943, (2003),  71-6106;  Laws 2007, LB463,  858;  Laws 2018, LB1034,  40.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2519.  Occupational therapy assistant; license; application; requirements; term.(1) An applicant applying for a license as an occupational therapy assistant shall show to the satisfaction of the department that he or she:(a) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the department and accredited by a nationally recognized medical association or nationally recognized occupational therapy association;(b) Has successfully completed a period of supervised fieldwork experience at an educational institution approved by the department and where the applicant's academic work was completed or which is part of a training program approved by such educational institution. A minimum of two months of supervised fieldwork experience shall be required for an occupational therapy assistant; and(c) Has passed an examination as provided in section 38-2520.(2) In the case of an applicant who has been trained as an occupational therapy assistant in a foreign country, the applicant shall:(a) Present documentation of completion of an educational program for occupational therapy assistants that is substantially equivalent to an approved program accredited by the Accreditation Council for Occupational Therapy Education or by an equivalent accrediting agency as determined by the board;(b) Present proof of proficiency in the English language; and(c) Have passed an examination as provided in section 38-2520.(3) Residency in this state shall not be a requirement of licensure as an occupational therapy assistant. A corporation, partnership, limited liability company, or association shall not be licensed as an occupational therapy assistant pursuant to the Occupational Therapy Practice Act.Source  Laws 1984, LB 761,  35;  Laws 1989, LB 344,  34;   Laws 1993, LB 121,  453;  Laws 2003, LB 242,  140;   R.S.1943, (2003),  71-6107;  Laws 2007, LB463,  859;  Laws 2018, LB1034,  41.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2520.  Examination; requirements.(1) Each applicant for licensure pursuant to the Occupational Therapy Practice Act shall be examined by a written examination which tests his or her knowledge of the basic and clinical sciences relating to occupational therapy and occupational therapy theory and practice including, but not limited to, professional skills and judgment in the utilization of occupational therapy techniques and methods and such other subjects as the board may deem useful to determine the applicant's fitness to practice. The board shall approve the examination and establish standards for acceptable performance. The board may choose a nationally standardized occupational therapist and occupational therapy assistant entry-level examination.(2) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine.Source  Laws 1984, LB 761,  36;  Laws 1985, LB 250,  18;  Laws 1987, LB 473,  61;   R.S.1943, (2003),  71-6108;  Laws 2007, LB463,  860. 
38-2521.  Continuing competency requirements; waiver.The department, with the recommendation of the board, may waive continuing competency requirements, in part or in total, for any two-year licensing period when a licensee submits documentation that circumstances beyond his or her control prevented completion of such requirements as provided in section 38-146. In addition to circumstances determined by the department to be beyond the licensee's control pursuant to such section, such circumstances shall include situations in which:(1) The licensee holds a Nebraska license but does not reside or practice in Nebraska;(2) The licensee has submitted proof that he or she was suffering from a serious or disabling illness or physical disability which prevented completion of the required continuing competency activities during the twenty-four months preceding the license renewal date; and(3) The licensee has successfully completed two or more semester hours of formal credit instruction biennially offered by a school or college approved by the board which contributes to meeting the requirements of an advanced degree in a postgraduate program relating to occupational therapy.Source  Laws 1984, LB 761,  41;  Laws 1994, LB 1223,  77;  Laws 2001, LB 346,  2;  Laws 2002, LB 1021,  96;  Laws 2003, LB 242,  142;  Laws 2004, LB 1005,  129;   R.S.Supp.,2006,  71-6113;  Laws 2007, LB463,  861;  Laws 2018, LB1034,  42.  
38-2522.  Applicant for licensure; continuing competency requirements.An applicant for licensure to practice as an occupational therapist who has met the education and examination requirements in section 38-2518 or to practice as an occupational therapy assistant who has met the education and examination requirements in section 38-2519, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.Source Laws 2007, LB463,  862. 
38-2523.  Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.(1) An applicant for licensure to practice as an occupational therapist or to practice as an occupational therapy assistant who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  863;  Laws 2017, LB88,  83.  
38-2524.  Fees.The department shall establish and collect fees for credentialing activities under the Occupational Therapy Practice Act as provided in sections 38-151 to 38-157.Source  Laws 1984, LB 761,  42;  Laws 1986, LB 926,  63;  Laws 1988, LB 1100,  177;   Laws 1992, LB 1019,  92;  Laws 1994, LB 1223,  78;  Laws 2003, LB 242,  143;   R.S.1943, (2003),  71-6114;  Laws 2007, LB463,  864. 
38-2525.  Occupational therapy aide; supervision requirements.An occupational therapy aide shall function under the guidance and responsibility of an occupational therapist and may be supervised by an occupational therapist or an occupational therapy assistant for specifically selected routine tasks for which the aide has been trained and has demonstrated competence. The aide shall comply with supervision requirements developed by the board. The board shall develop supervision requirements for aides which are consistent with prevailing professional standards.Source  Laws 2004, LB 1005,  123;   R.S.Supp.,2006,  71-6117;  Laws 2007, LB463,  865. 
38-2526.  Occupational therapist; services authorized.An occupational therapist may perform the following services:(1) Evaluate, develop, improve, sustain, or restore skills in activities of daily living, work activities, or productive activities, including instrumental activities of daily living, and play and leisure activities;(2) Evaluate, develop, remediate, or restore sensorimotor, cognitive, or psychosocial components of performance;(3) Design, fabricate, apply, or train in the use of assistive technology or orthotic devices and train in the use of prosthetic devices;(4) Adapt environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles;(5) If certified pursuant to section 38-2530, apply physical agent modalities as an adjunct to or in preparation for engagement in occupations when applied by a practitioner who has documented evidence of possessing the theoretical background and technical skills for safe and competent use;(6) Evaluate and provide intervention in collaboration with the client, family, caregiver, or others;(7) Educate the client, family, caregiver, or others in carrying out appropriate nonskilled interventions; and(8) Consult with groups, programs, organizations, or communities to provide population-based services.Source  Laws 2004, LB 1005,  124;   R.S.Supp.,2006,  71-6118;  Laws 2007, LB463,  866. 
38-2527.  Occupational therapy assistant; supervision required.An occupational therapy assistant may deliver occupational therapy services enumerated in section 38-2526 in collaboration with and under the supervision of an occupational therapist.Source  Laws 2004, LB 1005,  125;   R.S.Supp.,2006,  71-6119;  Laws 2007, LB463,  867. 
38-2528.  Referrals.(1) An occupational therapist may accept a referral from a licensed health care professional for the purpose of evaluation and rehabilitative treatment which may include, but not be limited to, consultation, rehabilitation, screening, prevention, and patient education services.(2) Referrals may be for an individual case or may be for an established treatment program that includes occupational therapy services. If programmatic, the individual shall meet the criteria for admission to the program and protocol for the treatment program shall be established by the treatment team members.(3) Referrals shall be in writing, except that oral referrals may be accepted if they are followed by a written and signed request of the person making the referral within thirty days after the day on which the patient consults with the occupational therapist.Source  Laws 2004, LB 1005,  126;   R.S.Supp.,2006,  71-6120;  Laws 2007, LB463,  868. 
38-2529.  Direct access to services.The public may have direct access to occupational therapy services.Source  Laws 2004, LB 1005,  127;   R.S.Supp.,2006,  71-6121;  Laws 2007, LB463,  869. 
38-2530.  Physical agent modalities; certification required.(1) In order to apply physical agent modalities, an occupational therapist shall be certified pursuant to this section. The department shall issue a certificate to an occupational therapist to administer a physical agent modality if the occupational therapist:(a) Has successfully completed a training course approved by the board and passed an examination approved by the board on the physical agent modality;(b) Is certified as a hand therapist by the Hand Therapy Certification Commission or other equivalent entity recognized by the board;(c) Has a minimum of five years of experience in the use of the physical agent modality and has passed an examination approved by the board on the physical agent modality; or(d) Has completed education during a basic educational program which included demonstration of competencies for application of the physical agent modality.(2) The department shall issue a certificate to authorize an occupational therapy assistant to set up and implement treatment using superficial thermal agent modalities if the occupational therapy assistant has successfully completed a training course approved by the board and passed an examination approved by the board. Such set up and implementation shall only be done under the onsite supervision of an occupational therapist certified to administer superficial thermal agent modalities.(3) An occupational therapist shall not delegate evaluation, reevaluation, treatment planning, and treatment goals for physical agent modalities to an occupational therapy assistant.Source  Laws 2004, LB 1005,  128;   R.S.Supp.,2006,  71-6122;  Laws 2007, LB463,  870. 
38-2531.  Rules and regulations.(1) The board shall adopt and promulgate rules and regulations regarding role delineation for occupational therapy assistants and continuing competency requirements. Continuing education is sufficient to meet continuing competency requirements. Such requirements may also include, but not be limited to, one or more of the continuing competency activities listed in section 38-145 which a licensed person may select as an alternative to continuing education.(2) The board may adopt and promulgate rules and regulations governing the training courses for an occupational therapist to be certified to administer a physical agent modality. The board may adopt and promulgate rules and regulations governing the training course for an occupational therapy assistant to be certified to set up and implement superficial thermal agent modalities. In adopting such rules and regulations, the board shall give consideration to the levels of training and experience which are required, in the opinion of the board, to protect the public health, safety, and welfare and to insure, to the greatest extent possible, the efficient, adequate, and safe practice of occupational therapy. Such rules and regulations shall include the approval of examinations and the passing score for such examinations for certification.Source  Laws 2004, LB 1005,  130;  Laws 2005, LB 244,  1;   R.S.Supp.,2006,  71-6123;  Laws 2007, LB463,  871. 
38-2601.  Act, how cited.Sections 38-2601 to 38-2623 shall be known and may be cited as the Optometry Practice Act.Source Laws 2007, LB463,  872. 
38-2602.  Definitions, where found.For purposes of the Optometry Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2603 to 38-2605 apply.Source Laws 2007, LB463,  874. 
38-2603.  Board, defined.Board means the Board of Optometry.Source Laws 2007, LB463,  875. 
38-2604.  Pharmaceutical agents, defined.(1) Pharmaceutical agents, for diagnostic purposes, means anesthetics, cycloplegics, and mydriatics.(2) Pharmaceutical agents, for therapeutic purposes, means topical ophthalmic pharmaceutical agents which treat eye diseases, infection, inflammation, and superficial abrasions, or oral analgesics, including oral analgesics enumerated in Schedules III and IV of section 28-405 necessary to treat conditions of the eye, ocular adnexa, or visual system, or oral pharmaceutical agents for the treatment of diseases or infections of the eye, ocular adnexa, or visual system, or oral anti-inflammatory agents to treat conditions of the eye, ocular adnexa, or visual system.(3) Pharmaceutical agents, for therapeutic purposes, includes an epinephrine autoinjector for treatment of anaphylaxis and an oral steroid, oral glaucoma agent, or oral immunosuppressive agent.Source  Laws 1979, LB 9,  4;  Laws 1986, LB 131,  2;  Laws 1993, LB 429,  4;  Laws 1998, LB 369,  4;   R.S.1943, (2003),  71-1,135.01;  Laws 2007, LB463,  876;  Laws 2014, LB526,  1. 
38-2605.  Practice of optometry, defined.(1) The practice of optometry means one or a combination of the following:(a) The examination of the human eye to diagnose, treat, or refer for consultation or treatment any abnormal condition of the human eye, ocular adnexa, or visual system;(b) The employment of instruments, devices, pharmaceutical agents, and procedures intended for the purpose of investigating, examining, diagnosing, treating, managing, or correcting visual defects or abnormal conditions of the human eye, ocular adnexa, or visual system;(c) The prescribing and application of lenses, devices containing lenses, prisms, contact lenses, ophthalmic devices, orthoptics, vision training, pharmaceutical agents, and prosthetic devices to correct, relieve, or treat defects or abnormal conditions of the human eye, ocular adnexa, or visual system;(d) The dispensing and sale of a contact lens, including a cosmetic or plano contact lens or a contact lens containing an ocular pharmaceutical agent which an optometrist is authorized by law to prescribe and which is classified by the federal Food and Drug Administration as a drug;(e) The ordering of procedures and laboratory tests rational to the diagnosis or treatment of conditions or diseases of the human eye, ocular adnexa, or visual system; and(f) The removal of superficial eyelid, conjunctival, and corneal foreign bodies.(2) The practice of optometry does not include the use of surgery, the use of laser surgery, or the treatment of infantile/congenital glaucoma, which means the condition is present at birth.Source   Laws 1927, c. 167,  111, p. 487;   C.S.1929,  71-1601;   R.S.1943,  71-1,133;  Laws 1979, LB 9,  1;  Laws 1986, LB 131,  1;  Laws 1987, LB 116,  1;  Laws 1993, LB 429,  2;  Laws 1998, LB 369,  1;   R.S.1943, (2003),  71-1,133;  Laws 2007, LB236,  20;  Laws 2007, LB463,  877;  Laws 2010, LB849,  6;  Laws 2014, LB526,  2. 
38-2606.  Board; members; qualifications.The board shall consist of four members, including three licensed optometrists and one public member.Source Laws 2007, LB463,  878. 
38-2607.  Practice of optometry; activities not included.The practice of optometry shall not be construed to:(1) Include merchants or dealers who sell glasses as merchandise in an established place of business or who sell contact lenses from a prescription for contact lenses written by an optometrist or a person licensed to practice medicine and surgery and who do not profess to be optometrists or practice optometry;(2) Restrict, expand, or otherwise alter the scope of practice governed by other statutes; or(3) Include the performance by an optometric assistant, under the supervision of a licensed optometrist, of duties prescribed in accordance with rules and regulations adopted and promulgated by the department, with the recommendation of the board.Source   Laws 1927, c. 167,  112, p. 487;   C.S.1929,  71-1602;   R.S.1943,  71-1,134;  Laws 1979, LB 9,  2;  Laws 1998, LB 369,  2;  Laws 2002, LB 1062,  30;   R.S.1943, (2003),  71-1,134;  Laws 2007, LB236,  21;  Laws 2007, LB463,  879. 
38-2608.  Optometry; license; requirements.Every applicant for a license to practice optometry shall: (1) Present proof that he or she is a graduate of an accredited school or college of optometry; and (2) pass an examination approved by the board. The examination shall cover all subject matter included in the practice of optometry.Source   Laws 1927, c. 167,  113, p. 487;   C.S.1929,  71-1603;   R.S.1943,  71-1,135;  Laws 1979, LB 9,  3;  Laws 1989, LB 323,  3;  Laws 1998, LB 369,  3;  Laws 1999, LB 828,  95;   R.S.1943, (2003),  71-1,135;  Laws 2007, LB236,  22;  Laws 2007, LB463,  880. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2609.  Applicant for licensure based on license outside the state; requirements; military spouse; temporary license.(1) In addition to the standards set by the board pursuant to section 38-126, an applicant for licensure based on a license in another state or territory of the United States or the District of Columbia must have been actively engaged in the practice of optometry for at least two of the three years immediately preceding the application for licensure in Nebraska and must provide satisfactory evidence of being credentialed in such other jurisdiction at a level with requirements that are at least as stringent as or more stringent than the requirements for the comparable credential being applied for in this state.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  881;  Laws 2008, LB972,  1;  Laws 2017, LB88,  84.  
38-2610.  License; renewal; statement as to use of pharmaceutical agents.In issuing a license or renewal, the department, with the recommendation of the board, shall state whether such person licensed in the practice of optometry has been certified to use pharmaceutical agents pursuant to section 38-2613, 38-2614, or 38-2615 and shall determine an appropriate means to further identify those persons who are certified in the diagnostic use of such agents or the therapeutic use of such agents.Source  Laws 1979, LB 9,  7;  Laws 1986, LB 131,  4;  Laws 1993, LB 429,  5;  Laws 1998, LB 369,  7;  Laws 1999, LB 828,  98;   R.S.1943, (2003),  71-1,135.04;  Laws 2007, LB236,  24;  Laws 2007, LB463,  882. 
38-2611.  Continuing competency requirements; waiver.The department, with the recommendation of the board, may waive continuing competency requirements, in part or in total, for any two-year licensing period when a credential holder submits documentation that circumstances beyond his or her control prevented completion of such requirements as provided in section 38-146. In addition to circumstances determined by the department to be beyond the credential holder's control pursuant to such section, such circumstances shall include situations in which:(1) The credential holder has submitted proof that he or she was suffering from a serious or disabling illness or physical disability which prevented completion of the required continuing competency activities during the twenty-four months preceding the renewal date; or(2) The credential holder was initially licensed within the twenty-six months immediately preceding the renewal date.Source   Laws 1965, c. 415,  2, p. 1325;  Laws 1985, LB 250,  14;  Laws 1986, LB 926,  46;  Laws 1988, LB 1100,  42;  Laws 1997, LB 307,  123;  Laws 1999, LB 828,  99;  Laws 2001, LB 209,  10;  Laws 2002, LB 1021,  21;   R.S.1943, (2003),  71-1,136.01;  Laws 2007, LB236,  27;  Laws 2007, LB463,  883;  Laws 2008, LB972,  2. 
38-2612.  Fees.The department shall establish and collect fees for credentialing under the Optometry Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  884. 
38-2613.  Optometrist; diagnostic pharmaceutical agents; use; certification.(1) An optometrist licensed in this state may use topical ocular pharmaceutical agents for diagnostic purposes authorized under subdivision (1)(b) of section 38-2605, if such person is certified by the department, with the recommendation of the board, as qualified to use topical ocular pharmaceutical agents for diagnostic purposes.(2) Such certification shall require (a) satisfactory completion of a pharmacology course at an institution accredited by an accrediting organization which is recognized by the United States Department of Education and approved by the board and passage of an examination approved by the board or (b) evidence provided by the optometrist of certification in another state for use of diagnostic pharmaceutical agents which is deemed by the board as satisfactory validation of such qualifications.Source  Laws 1979, LB 9,  5;  Laws 1986, LB 131,  3;  Laws 1987, LB 116,  2;  Laws 1988, LB 1100,  41;  Laws 1994, LB 987,  1;  Laws 1996, LB 1044,  439;  Laws 1998, LB 369,  5;  Laws 1999, LB 828,  96;  Laws 2003, LB 242,  50;   R.S.1943, (2003),  71-1,135.02;  Laws 2007, LB236,  23;  Laws 2007, LB247,  73;  Laws 2007, LB296,  341;  Laws 2007, LB463,  885;  Laws 2021, LB528,  9.  
38-2614.  Optometrist; therapeutic pharmaceutical agents; certification of courses of instruction; board approval.(1) An optometrist licensed in this state may use topical ocular pharmaceutical agents for therapeutic purposes authorized under subdivision (1)(b) or (c) of section 38-2605 if such person is certified by the department, with the recommendation of the board, as qualified to use ocular pharmaceutical agents for therapeutic purposes, including the treatment of glaucoma.(2) In order to be certified by the department under subsection (1) of this section, the optometrist shall show (a) satisfactory completion of classroom education and clinical training which emphasizes the examination, diagnosis, and treatment of the eye, ocular adnexa, and visual system offered by a school or college approved by the board and passage of an examination approved by the board or (b) evidence of certification in another state for the use of therapeutic pharmaceutical agents which is deemed by the board as satisfactory validation of such qualifications.Source  Laws 2007, LB247,  74;  Laws 2007, LB463,  886;  Laws 2014, LB526,  3. 
38-2615.  Optometrist; applicability of requirements.After January 1, 2000, only an optometrist licensed in this state prior to April 30, 1987, may practice optometry without meeting the requirements and obtaining certification required by sections 38-2613 and 38-2614.Source  Laws 2007, LB247,  75;  Laws 2007, LB463,  887. 
38-2616.  Optometry; approved schools; requirements.No school of optometry shall be approved by the board as an accredited school unless the school is accredited by an accrediting organization which is recognized by the United States Department of Education.Source   Laws 1927, c. 167,  114, p. 488;   C.S.1929,  71-1604;   R.S.1943,  71-1,136;   Laws 1965, c. 415,  1, p. 1325;  Laws 1979, LB 9,  8;  Laws 1994, LB 987,  3;  Laws 1996, LB 1044,  440;   R.S.1943, (2003),  71-1,136;  Laws 2007, LB236,  26;  Laws 2007, LB296,  342;  Laws 2007, LB463,  889;  Laws 2021, LB528,  10.  
38-2617.  Use of pharmaceutical agents or dispensing of contact lens containing ocular pharmaceutical agent by licensed optometrist; standard of care.(1) A licensed optometrist who administers or prescribes pharmaceutical agents for examination or for treatment shall provide the same standard of care to patients as that provided by a physician licensed in this state to practice medicine and surgery utilizing the same pharmaceutical agents for examination or treatment.(2) An optometrist who dispenses a contact lens containing an ocular pharmaceutical agent which is classified by the federal Food and Drug Administration as a drug shall comply with the rules and regulations of the board relating to packaging, labeling, storage, drug utilization review, and record keeping. The board shall adopt and promulgate rules and regulations relating to packaging, labeling, storage, drug utilization review, and record keeping for such contact lenses.Source  Laws 1993, LB 429,  3;  Laws 1998, LB 369,  8;   R.S.1943, (2003),  71-1,135.06;  Laws 2007, LB236,  25;  Laws 2007, LB463,  890;  Laws 2010, LB849,  7. 
38-2618.  Optometric assistants; authorized.Any licensed optometrist may employ optometric assistants. Such assistants, under the supervision of a licensed optometrist, may perform such duties as are prescribed in accordance with rules and regulations adopted and promulgated by the department, with the recommendation of the board.Source  Laws 2002, LB 1062,  31;   R.S.1943, (2003),  71-1,135.07;  Laws 2007, LB463,  891. 
38-2619.  Optometry; patient's freedom of choice.No agencies of the state or its subdivisions administering relief, public assistance, public welfare assistance, or other health service under the laws of this state, including the public schools, shall in the performance of their duties, interfere with any patient's freedom of choice in the selection of practitioners licensed to perform examinations and provide treatment within the field for which their respective licenses entitle them to practice.Source   Laws 1967, c. 431,  1, p. 1319;   R.S.1943, (2003),  71-1,136.04;  Laws 2007, LB236,  28;  Laws 2007, LB463,  892. Cross References  Provisions for insuring cost of service of optometrist, see section 44-513.
38-2620.  Nebraska Optometry Education Assistance Contract Program; purpose.There is hereby established the Nebraska Optometry Education Assistance Contract Program for the purpose of providing opportunities for citizens of this state desiring to pursue study in the field of optometry at accredited schools and colleges outside the state. Eligibility for the program shall be limited as provided in sections 38-2622 and 38-2623.Source  Laws 1974, LB 911,  1;   R.S.1943, (2003),  71-1,136.05;  Laws 2007, LB463,  893;  Laws 2011, LB334,  3. 
38-2621.  Program; Board of Regents; administer; rules and regulations; adopt; reports; conditions.The program established by section 38-2620 shall be administered by the Board of Regents of the University of Nebraska. The Board of Regents shall adopt appropriate rules and regulations to carry out sections 38-2620 to 38-2623 and negotiate contract arrangements with accredited schools and colleges of optometry, as provided in section 38-2616, for the admission and education of qualified applicants who are citizens of Nebraska and who have demonstrated their interest, aptitude, and readiness for study in the field of optometry. The Board of Regents shall require reports each year from institutions receiving payments showing the progress and suitability of each student being aided and containing such other information as such board deems proper.Source  Laws 1974, LB 911,  2;   R.S.1943, (2003),  71-1,136.06;  Laws 2007, LB463,  894. 
38-2622.  Program; financial assistance; number of students.Annual financial payments made under sections 38-2620 to 38-2623 shall be limited to students who participated in or were accepted into the program in the academic year 2010-11 and shall continue for the remaining academic year or years that any such student is enrolled in an accredited school or college of optometry subject to the limitation provided in section 38-2623.Source  Laws 1974, LB 911,  3;   R.S.1943, (2003),  71-1,136.07;  Laws 2007, LB463,  895;  Laws 2011, LB334,  4;  Laws 2011, LB637,  23. 
38-2623.  Program; financial assistance; limitation.Financial assistance under sections 38-2620 to 38-2623 shall be continued not to exceed four years until the enrolled student has received a degree in optometry. Contracts with schools and colleges shall set forth terms and provisions for continuation of such payments.Source  Laws 1974, LB 911,  4;   R.S.1943, (2003),  71-1,136.08;  Laws 2007, LB463,  896. 
38-2701.  Act, how cited.Sections 38-2701 to 38-2711 shall be known and may be cited as the Perfusion Practice Act.Source  Laws 2007, LB236,  8;   R.S.Supp.,2007,  71-1,390;  Laws 2007, LB247,  76;  Laws 2017, LB644,  4.  
38-2702.  Legislative findings and declarations.The Legislature finds and declares that the public interest requires the regulation of the practice of perfusion and the establishment of clear licensure standards for perfusionists and that the health and welfare of the residents of the State of Nebraska will be protected by identifying to the public those individuals who are qualified and legally authorized to practice perfusion.Source  Laws 2007, LB236,  9;   R.S.Supp.,2007,  71-1,391. 
38-2703.  Terms, defined.For purposes of the Perfusion Practice Act:(1) Board means the Board of Medicine and Surgery;(2) Extracorporeal circulation means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidney, liver, or other organs;(3) Perfusion means the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, and respiratory systems or other organs, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and under the supervision of a licensed physician, including:(a) The use of extracorporeal circulation, long-term cardiopulmonary support techniques including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation, and associated therapeutic and diagnostic technologies;(b) Counterpulsation, ventricular assistance, autotransfusion, blood conservation techniques, myocardial and organ preservation, extracorporeal life support, and isolated limb perfusion;(c) The use of techniques involving blood management, advanced life support, and other related functions; and(d) In the performance of the acts described in subdivisions (a) through (c) of this subdivision:(i) The administration of:(A) Pharmacological and therapeutic agents; and(B) Blood products or anesthetic agents through the extracorporeal circuit or through an intravenous line as ordered by a physician;(ii) The performance and use of:(A) Anticoagulation monitoring and analysis;(B) Physiologic monitoring and analysis;(C) Blood gas and chemistry monitoring and analysis;(D) Hematologic monitoring and analysis;(E) Hypothermia and hyperthermia;(F) Hemoconcentration and hemodilution; and(G) Hemodialysis; and(iii) The observation of signs and symptoms related to perfusion services, the determination of whether the signs and symptoms exhibit abnormal characteristics, and the implementation of appropriate reporting, clinical perfusion protocols, or changes in, or the initiation of, emergency procedures; and(4) Perfusionist means a person who is licensed to practice perfusion pursuant to the Perfusion Practice Act.Source  Laws 2007, LB236,  10;   R.S.Supp.,2007,  71-1,392;  Laws 2017, LB644,  5.  
38-2704.  License required; exceptions.After September 1, 2007, no person shall practice perfusion, whether or not compensation is received or expected, unless the person holds a license to practice perfusion under the Perfusion Practice Act, except that nothing in the act shall be construed to:(1) Prohibit any person credentialed to practice under any other law from engaging in the practice for which he or she is credentialed;(2) Prohibit any student enrolled in a bona fide perfusion training program recognized by the board from performing those duties which are necessary for the student's course of study, if the duties are performed under the supervision and direction of a perfusionist who is on duty and immediately available in the assigned patient care area; or(3) Prohibit any person from practicing perfusion within the scope of his or her official duties when employed by an agency, bureau, or division of the federal government, serving in the armed forces or the Public Health Service of the United States, or employed by the Veterans Administration.Source  Laws 2007, LB236,  11;   R.S.Supp.,2007,  71-1,393. 
38-2705.  License requirements.To be eligible to be licensed as a perfusionist, an applicant shall fulfill the following requirements:(1) Submit evidence of successful completion of a perfusion education program with standards established by the Accreditation Committee for Perfusion Education and approved by the Commission on Accreditation of Allied Health Education Programs or a program with substantially equivalent education standards approved by the board; and(2) Submit evidence of successful completion of the certification examinations offered by the American Board of Cardiovascular Perfusion, or its successor, or a substantially equivalent examination approved by the board.Source  Laws 2007, LB236,  12;   R.S.Supp.,2007,  71-1,394;  Laws 2007, LB247,  77. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2706.  Education and examination requirements; waiver.The board may waive the education and examination requirements under section 38-2705 for an applicant who:(1) Within one hundred eighty days after September 1, 2007, submits evidence satisfactory to the board that he or she has been operating cardiopulmonary bypass systems for cardiac surgical patients as his or her primary function in a licensed health care facility for at least two of the last ten years prior to September 1, 2007;(2) Submits evidence of holding a current certificate as a Certified Clinical Perfusionist issued by the American Board of Cardiovascular Perfusion, or its successor; or(3) Submits evidence of holding a credential as a perfusionist issued by another state or possession of the United States or the District of Columbia which has standards substantially equivalent to those of this state.Source  Laws 2007, LB236,  13;   R.S.Supp.,2007,  71-1,395. 
38-2707.  Temporary license.(1) The department shall issue a temporary license to a person who has applied for licensure pursuant to the Perfusion Practice Act and who, in the judgment of the department, with the recommendation of the board, is eligible for examination. An applicant with a temporary license issued under this subsection may practice only under the direct supervision of a perfusionist. The board may adopt and promulgate rules and regulations governing such direct supervision which do not require the immediate physical presence of the supervising perfusionist. A temporary license issued under this subsection shall expire one year after the date of issuance and may be renewed for a subsequent one-year period, subject to the rules and regulations adopted under the act. A temporary license issued under this subsection shall be surrendered to the department upon its expiration.(2) An applicant for licensure pursuant to the act who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB236,  14;   R.S.Supp.,2007,  71-1,396;  Laws 2017, LB88,  85.  
38-2708.  Fees.The department shall establish and collect fees for initial licensure and renewal under the Perfusion Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB247,  78. 
38-2709.  Title and abbreviation; use.No person shall use the title Perfusionist, the abbreviation LP, or any other title, designation, words, letters, abbreviations, or insignia indicating the practice of perfusion unless licensed to practice perfusion.Source  Laws 2007, LB236,  16;   R.S.Supp.,2007,  71-1,398. 
38-2710.  Rules and regulations.The department, with the recommendation of the board, shall adopt and promulgate rules and regulations to carry out the Perfusion Practice Act.Source  Laws 2007, LB236,  17;   R.S.Supp.,2007,  71-1,399. 
38-2711.  Code of ethics; record of licensees.The board shall adopt and publish a code of ethics for perfusionists and maintain a record of every perfusionist licensed in this state which includes his or her place of business, place of residence, and license date and number.Source  Laws 2007, LB236,  18;   R.S.Supp.,2007,  71-1,400. 
38-28,100.  Department; drugs and devices; powers; appeal.The department may place under seal all drugs or devices that are owned by or in the possession, custody, or control of a licensee or permittee under the Pharmacy Practice Act at the time his or her license or permit is suspended or revoked or at the time the board or department refuses to renew his or her license or permit. Except as otherwise provided in this section, drugs or devices so sealed shall not be disposed of until appeal rights under the Administrative Procedure Act have expired or an appeal filed pursuant to the act has been determined. The court involved in an appeal filed pursuant to the Administrative Procedure Act may order the department during the pendency of the appeal to sell sealed drugs or devices that are perishable. The proceeds of such a sale shall be deposited with the court.Source  Laws 2001, LB 398,  37;   R.S.1943, (2003),  71-1,149;  Laws 2007, LB463,  990. Cross References  Administrative Procedure Act, see section 84-920.
38-28,101.  Pharmacy inspector.Only a licensed pharmacist who is or who has been engaged in the active practice of pharmacy shall be appointed by the department to serve as a pharmacy inspector with the consent and approval of the board.Source Laws 2007, LB463,  991. 
38-28,103.  Violation; penalty.Any person who does or commits any of the acts or things prohibited by the Pharmacy Practice Act or otherwise violates any of the provisions thereof shall be guilty of a Class II misdemeanor except as otherwise specifically provided.Source   Laws 1961, c. 339,  16, p. 1070;  Laws 1977, LB 39,  145;  Laws 1993, LB 536,  53;  Laws 1994, LB 900,  6;  Laws 2001, LB 398,  38;   R.S.1943, (2003),  71-1,147.13;  Laws 2007, LB463,  993. 
38-28,104.  Prescription; contents.A prescription for a legend drug which is not a controlled substance must contain the following information prior to being filled by a pharmacist or a practitioner who holds a pharmacy license under subdivision (1) of section 38-2850: Patient's name; name of the drug, device, or biological; strength of the drug or biological, if applicable; dosage form of the drug or biological; quantity of drug, device, or biological prescribed; number of authorized refills; directions for use; date of issuance; prescribing practitioner's name; and if the prescription is written, prescribing practitioner's signature. Prescriptions for controlled substances must meet the requirements of sections 28-414 and 28-414.01.Source Laws 2015, LB37,  55. 
38-28,105.  Chart order; contents.A chart order must contain the following information: Patient's name; date of the order; name of the drug, device, or biological; strength of the drug or biological, if applicable; directions for administration to the patient, including the dose to be given; and prescribing practitioner's name.Source Laws 2015, LB37,  56. 
38-28,106.  Communication of prescription, chart order, or refill authorization; limitation.An employee or agent of a prescribing practitioner may communicate a prescription, chart order, or refill authorization issued by the prescribing practitioner to a pharmacist or a pharmacist intern except for an emergency oral authorization for a controlled substance listed in Schedule II of section 28-405. An employee or agent of a prescribing practitioner may communicate a refill authorization issued by the prescribing practitioner to a pharmacy technician.Source  Laws 2015, LB37,  57;  Laws 2018, LB731,  77.  
38-28,107.  Collection or return of dispensed drugs and devices; conditions; fee; liability; professional disciplinary action.(1) To protect the public safety, dispensed drugs or devices:(a) May be collected in a pharmacy for disposal;(b) May be returned to a pharmacy in response to a recall by the manufacturer, packager, or distributor or if a device is defective or malfunctioning;(c) Shall not be returned to saleable inventory nor made available for subsequent relabeling and redispensing, except as provided in subdivision (1)(d) of this section; or(d) May be accepted from a long-term care facility by the pharmacy from which they were dispensed for credit or for relabeling and redispensing, except that:(i) No controlled substance may be returned;(ii) No prescription drug or medical device that has restricted distribution by the federal Food and Drug Administration may be returned;(iii) The decision to accept the return of the dispensed drug or device shall rest solely with the pharmacist;(iv) The dispensed drug or device shall have been in the control of the long-term care facility at all times;(v) The dispensed drug or device shall be in the original and unopened labeled container with a tamper-evident seal intact, as dispensed by the pharmacist. Such container shall bear the expiration date or calculated expiration date and lot number; and(vi) Tablets or capsules shall have been dispensed in a unit dose container which is impermeable to moisture and approved by the board.(2) Pharmacies may charge a fee for collecting dispensed drugs or devices for disposal or from a long-term care facility for credit or for relabeling and redispensing.(3) Any person or entity which exercises reasonable care in collecting dispensed drugs or devices for disposal or from a long-term care facility for credit or for relabeling and redispensing pursuant to this section shall be immune from civil or criminal liability or professional disciplinary action of any kind for any injury, death, or loss to person or property relating to such activities.(4) A drug manufacturer which exercises reasonable care shall be immune from civil or criminal liability for any injury, death, or loss to persons or property relating to the relabeling and redispensing of drugs returned from a long-term care facility.(5) Notwithstanding subsection (4) of this section, the relabeling and redispensing of drugs returned from a long-term care facility does not absolve a drug manufacturer of any criminal or civil liability that would have existed but for the relabeling and redispensing and such relabeling and redispensing does not increase the liability of such drug manufacturer that would have existed but for the relabeling and redispensing.(6) The pharmacist may package drugs and devices at the request of a patient or patient's caregiver if the drugs and devices were originally dispensed from a different pharmacy.Source  Laws 1999, LB 333,  1;  Laws 2001, LB 398,  74;  Laws 2002, LB 1062,  53;  Laws 2007, LB247,  51;  Laws 2007, LB463,  1199;  Laws 2011, LB274,  1;   R.S.Supp.,2014,  71-2421;  Laws 2015, LB37,  58;  Laws 2020, LB1052,  3.  
38-28,108.  Nebraska Drug Product Selection Act; act, how cited.Sections 38-28,108 to 38-28,116 shall be known and may be cited as the Nebraska Drug Product Selection Act.Source  Laws 1977, LB 103,  8;   R.S.1943, (1996),  71-5408;  Laws 2003, LB 667,  13;   R.S.1943, (2009),  71-5401.01;  Laws 2015, LB37,  59.  
38-28,109.  Drug product selection; purposes of act.The purposes of the Nebraska Drug Product Selection Act are to provide for the drug product selection of equivalent drug products or interchangeable biological products and to promote the greatest possible use of such products.Source  Laws 2003, LB 667,  14;   R.S.1943, (2009),  71-5401.02;  Laws 2015, LB37,  60;  Laws 2017, LB481,  12.  
38-28,110.  Transferred to section 38-2807.01.
38-28,111.  Drug product selection; when; pharmacist; duty.(1) A pharmacist may drug product select except when:(a) A practitioner designates that drug product selection is not permitted by specifying in the written, oral, or electronic prescription that there shall be no drug product selection. For written or electronic prescriptions, the practitioner shall specify "no drug product selection", "dispense as written", "brand medically necessary", or "no generic substitution" or the notation "N.D.P.S.", "D.A.W.", or "B.M.N." or words or notations of similar import to indicate that drug product selection is not permitted. The pharmacist shall note "N.D.P.S.", "D.A.W.", "B.M.N.", "no drug product selection", "dispense as written", "brand medically necessary", "no generic substitution", or words or notations of similar import on the prescription to indicate that drug product selection is not permitted if such is communicated orally by the prescribing practitioner; or(b) A patient or designated representative or caregiver of such patient instructs otherwise.(2) A pharmacist shall not drug product select unless:(a) The drug product, if it is in solid dosage form, has been marked with an identification code or monogram directly on the dosage unit;(b) The drug product has been labeled with an expiration date;(c) The manufacturer, distributor, or packager of the drug product provides reasonable services, as determined by the board, to accept the return of drug products that have reached their expiration date; and(d) The manufacturer, distributor, or packager maintains procedures for the recall of unsafe or defective drug products.(3) If a pharmacist receives a prescription for a biological product and chooses to dispense an interchangeable biological product for the prescribed product, the pharmacist must advise the patient or the patient's caregiver that drug product selection has occurred.(4) Within three business days after the dispensing of a biological product, the dispensing pharmacist or the pharmacist's designee shall make an entry of the specific product provided to the patient, including the name of the product and the manufacturer. The communication shall be conveyed by making an entry that is electronically accessible to the prescriber through an interoperable electronic medical records system, electronic prescribing technology, a pharmacy benefit management system, or a pharmacy record. Entry into an electronic records system described in this subsection is presumed to provide notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission, or other prevailing means, except that communication shall not be required if (a) there is no interchangeable biological product approved by the federal Food and Drug Administration for the product prescribed or (b) a refill prescription is not changed from the product dispensed on the prior filling.Source  Laws 1977, LB 103,  3;  Laws 1978, LB 689,  2;  Laws 1983, LB 476,  22;   Laws 1989, LB 353,  1;  Laws 1991, LB 363,  1;  Laws 1998, LB 1073,  149;  Laws 1999, LB 828,  174;  Laws 2003, LB 667,  16;  Laws 2005, LB 382,  12;  Laws 2007, LB247,  54;  Laws 2009, LB195,  83;   R.S.1943, (2009),  71-5403;  Laws 2015, LB37,  62;  Laws 2017, LB481,  13.  
38-28,112.  Pharmacist; drug product selection; effect on reimbursement; label; price.(1) Whenever a drug product has been prescribed with the notation that no drug product selection is permitted for a patient who has a contract whereunder he or she is reimbursed for the cost of health care, directly or indirectly, the party that has contracted to reimburse the patient, directly or indirectly, shall make reimbursements on the basis of the price of the brand-name drug product and not on the basis of the equivalent drug product or interchangeable biological product, unless the contract specifically requires generic reimbursement under the Code of Federal Regulations.(2) A prescription drug or device when dispensed shall bear upon the label the name of the drug or device in the container unless the practitioner writes do not label or words of similar import in the prescription or so designates orally.(3) Nothing in this section shall (a) require a pharmacy to charge less than its established minimum price for the filling of any prescription or (b) prohibit any hospital from developing, using, and enforcing a formulary.Source  Laws 1977, LB 103,  4;  Laws 1983, LB 476,  23;  Laws 1996, LB 1044,  721;  Laws 1998, LB 1073,  150;  Laws 2003, LB 667,  17;  Laws 2005, LB 382,  13;   R.S.1943, (2009),  71-5404;  Laws 2015, LB37,  63;  Laws 2017, LB481,  14.  
38-28,113.  Drug product selection; pharmacist; practitioner; negligence; what constitutes.(1) Drug product selection by a pharmacist pursuant to the Nebraska Drug Product Selection Act shall not constitute the practice of medicine.(2) Drug product selection by a pharmacist pursuant to the act or any rules and regulations adopted and promulgated under the act shall not constitute evidence of negligence if the drug product selection was made within the reasonable and prudent practice of pharmacy.(3) When drug product selection by a pharmacist is permissible under the act, such drug product selection shall not constitute evidence of negligence on the part of the prescribing practitioner. The failure of a prescribing practitioner to provide that there shall be no drug product selection in any case shall not constitute evidence of negligence or malpractice on the part of such prescribing practitioner.Source  Laws 1977, LB 103,  5;  Laws 2001, LB 398,  77;  Laws 2003, LB 667,  18;   R.S.1943, (2009),  71-5405;  Laws 2015, LB37,  64;  Laws 2017, LB481,  15.  
38-28,114.  Drug; labeling; contents; violation; embargo; effect.(1) The manufacturer, packager, or distributor of any legend drug sold, delivered, or offered for sale for human use in the State of Nebraska shall have the name and address of the manufacturer of the finished dosage form of the drug printed on the label on the container of such drug.(2) Whenever a duly authorized agent of the department has probable cause to believe that any drug is without such labeling, the agent shall embargo such drug and shall affix an appropriate marking thereto. Such marking shall contain (a) adequate notice that the drug (i) is or is suspected of being sold, delivered, or offered for sale in violation of the Nebraska Drug Product Selection Act and (ii) has been embargoed and (b) a warning that it is unlawful for any person to remove or dispose of the embargoed drug by sale or otherwise without the permission of the agent or a court of competent jurisdiction.Source  Laws 1977, LB 103,  6;  Laws 2001, LB 398,  78;  Laws 2003, LB 667,  19;   R.S.1943, (2009),  71-5406;  Laws 2015, LB37,  65.  
38-28,115.  Drug product selection; violations; penalty.(1) In addition to any other penalties provided by law, any person who violates any provision of the Nebraska Drug Product Selection Act or any rule or regulation adopted and promulgated under the act is guilty of a Class IV misdemeanor for each violation.(2) It is unlawful for any employer or such employer's agent to coerce a pharmacist to dispense a drug product against the professional judgment of the pharmacist or as ordered by a prescribing practitioner.Source  Laws 1977, LB 103,  7;  Laws 1983, LB 476,  24;  Laws 1988, LB 1100,  169;  Laws 2001, LB 398,  79;  Laws 2003, LB 667,  20;   R.S.1943, (2009),  71-5407;  Laws 2015, LB37,  66.  
38-28,116.  Drug product selection; rules and regulations; department; duty.(1) The department may adopt and promulgate rules and regulations necessary to implement the Nebraska Drug Product Selection Act upon the joint recommendation of the Board of Medicine and Surgery and the Board of Pharmacy.(2) The department shall maintain a link on its website to the current list of all biological products that the federal Food and Drug Administration has determined to be interchangeable biological products.Source  Laws 2003, LB 667,  21;   R.S.1943, (2009),  71-5409;  Laws 2015, LB37,  67;  Laws 2017, LB481,  16.  
38-2801.  Act, how cited.Sections 38-2801 to 38-28,107 and the Nebraska Drug Product Selection Act shall be known and may be cited as the Pharmacy Practice Act.Source  Laws 2007, LB247,  79;  Laws 2007, LB463,  897;  Laws 2009, LB195,  47;  Laws 2009, LB604,  1;  Laws 2011, LB179,  2;  Laws 2015, LB37,  29;  Laws 2017, LB166,  9;  Laws 2017, LB481,  1;  Laws 2018, LB731,  67;  Laws 2019, LB74,  1.  Cross References  Nebraska Drug Product Selection Act, see section 38-28,108.
38-2802.  Definitions, where found.For purposes of the Pharmacy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2803 to 38-2848 apply.Source  Laws 2007, LB463,  898;  Laws 2009, LB195,  48;  Laws 2009, LB604,  2;  Laws 2011, LB179,  3;  Laws 2015, LB37,  30;  Laws 2017, LB166,  10;  Laws 2017, LB481,  2;  Laws 2018, LB731,  68;  Laws 2019, LB74,  2.  
38-2803.  Accredited hospital or clinic, defined.Accredited hospital or clinic means a hospital or clinic approved by the board.Source  Laws 1978, LB 675,  4;  Laws 1996, LB 1044,  457;  Laws 1999, LB 828,  117;   R.S.1943, (2003),  71-1,147.20;  Laws 2007, LB463,  899. 
38-2804.  Accredited pharmacy program, defined.An accredited pharmacy program means one approved by the board upon the recommendation of the accrediting committee of the Accreditation Council for Pharmacy Education. It shall be a pharmacy program which maintains at least a three-year course in pharmacy, consisting of not less than thirty-two weeks of instruction each school year. Such pharmacy program shall require as a condition to enrollment therein two full years of college or university credit. The combined course shall consist of five years of college or university credit each year of which shall consist of not less than thirty-two weeks of instruction.Source   Laws 1927, c. 167,  125, p. 492;   C.S.1929,  71-1806;   Laws 1939, c. 91,  2, p. 393;   C.S.Supp.,1941,  71-1806;   Laws 1943, c. 151,  3, p. 553;   R.S.1943,  71-1,146;  Laws 1971, LB 350,  4;  Laws 1999, LB 828,  111;  Laws 2004, LB 1005,  16;   R.S.Supp.,2006,  71-1,146;  Laws 2007, LB463,  900. 
38-2805.01.  Accrediting body, defined.Accrediting body means an entity recognized by the Centers for Medicare and Medicaid Services to provide accrediting services for the Medicare Part B Home Medical Equipment Services Benefit.Source Laws 2009, LB604,  3.
38-2805.  Accredited school or college of pharmacy, defined.Accredited school or college of pharmacy means a school or college of pharmacy or a department of pharmacy of a university approved by the board pursuant to section 38-2804.Source  Laws 1978, LB 675,  5;  Laws 1999, LB 828,  118;   R.S.1943, (2003),  71-1,147.21;  Laws 2007, LB463,  901. 
38-2806.  Administer, defined.Administer means to directly apply a drug or device by injection, inhalation, ingestion, or other means to the body of a patient or research subject.Source Laws 2007, LB463,  902. 
38-2807.01.  Bioequivalent, defined.Bioequivalent means drug products: (1) That are legally marketed under regulations promulgated by the federal Food and Drug Administration; (2) that are the same dosage form of the identical active ingredients in the identical amounts as the drug product prescribed; (3) that comply with compendial standards and are consistent from lot to lot with respect to (a) purity of ingredients, (b) weight variation, (c) uniformity of content, and (d) stability; and (4) for which the federal Food and Drug Administration has established bioequivalent standards or has determined that no bioequivalence problems exist.Source  Laws 1977, LB 103,  2;  Laws 1983, LB 476,  21;  Laws 1989, LB 342,  36;  Laws 1996, LB 1044,  720;  Laws 1998, LB 1073,  148;  Laws 2001, LB 398,  76;  Laws 2003, LB 667,  15;  Laws 2005, LB 382,  11;  Laws 2007, LB296,  622;  Laws 2007, LB463,  1232;   R.S.1943, (2009),  71-5402;  Laws 2015, LB37,  61;   R.S.1943, (2016),  38-28,110;  Laws 2017, LB481,  3.  
38-2807.02.  Biological product, defined.Biological product has the same meaning as in 42 U.S.C. 262, as such section existed on January 1, 2017.Source Laws 2017, LB481,  4. 
38-2807.03.  Brand name, defined.Brand name means the proprietary or trade name selected by the manufacturer, distributor, or packager for a drug product and placed upon the labeling of such product at the time of packaging.Source Laws 2017, LB481,  5. 
38-2807.  Administration, defined.Administration means the act of (1) administering, (2) keeping a record of such activity, and (3) observing, monitoring, reporting, and otherwise taking appropriate action regarding desired effect, side effect, interaction, and contraindication associated with administering the drug or device.Source Laws 2007, LB463,  903. 
38-2808.01.  Calculated expiration date, defined.Calculated expiration date means the expiration date on the manufacturer's, packager's, or distributor's container or one year from the date the drug or device is repackaged, whichever is earlier.Source Laws 2015, LB37,  31. 
38-2808.  Board, defined.Board means the Board of Pharmacy.Source Laws 2007, LB463,  904. 
38-2809.  Caregiver, defined.Caregiver means any person acting as an agent on behalf of a patient or any person aiding and assisting a patient.Source Laws 2007, LB463,  905. 
38-2810.01.  Chemically equivalent, defined.Chemically equivalent means drug products that contain amounts of the identical therapeutically active ingredients in the identical strength, quantity, and dosage form and that meet present compendial standards.Source Laws 2017, LB481,  6. 
38-2810.  Chart order, defined.Chart order means an order for a drug or device issued by a practitioner for a patient who is in the hospital or long-term care facility where the chart is stored or for a patient receiving detoxification treatment or maintenance treatment pursuant to section 28-412. Chart order does not include a prescription and may not be used to authorize dispensing of a controlled substance to a patient in a long-term care facility.Source  Laws 2007, LB463,  906;  Laws 2015, LB37,  32.  
38-2811.  Compounding, defined.Compounding means the preparation of components into a drug product.Source  Laws 2007, LB463,  907;  Laws 2015, LB37,  33.  
38-2812.  Delegated dispensing, defined.Delegated dispensing means the practice of pharmacy by which one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more persons pursuant to sections 38-2872 to 38-2889 under a protocol which provides that such person may perform certain dispensing functions authorized by the pharmacist or pharmacists under certain specified conditions and limitations.Source Laws 2007, LB463,  908. 
38-2813.  Deliver or delivery, defined.Deliver or delivery means to actually, constructively, or attempt to transfer a drug or device from one person to another, whether or not for consideration.Source Laws 2007, LB463,  909. 
38-2814.  Device, defined.Device means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a practitioner and dispensed by a pharmacist or other person authorized by law to do so.Source Laws 2007, LB463,  910. 
38-2815.  Dialysis drug or device distributor, defined.Dialysis drug or device distributor means a manufacturer or wholesaler who provides dialysis drugs, solutions, supplies, or devices, to persons with chronic kidney failure for self-administration at the person's home or specified address, pursuant to a prescription.Source Laws 2007, LB463,  911. 
38-2816.  Dialysis drug or device distributor worker, defined.Dialysis drug or device distributor worker means a person working for a dialysis drug or device distributor with a delegated dispensing permit who has completed the approved training and has demonstrated proficiency to perform the task or tasks of assembling, labeling, or delivering drugs or devices pursuant to a prescription.Source Laws 2007, LB463,  912. 
38-2817.  Dispense or dispensing, defined.(1) Dispense or dispensing means interpreting, evaluating, and implementing a medical order, including preparing and delivering a drug or device to a patient or caregiver in a suitable container appropriately labeled for subsequent administration to, or use by, a patient.(2) Dispensing includes (a) dispensing incident to practice, (b) dispensing pursuant to a delegated dispensing permit, (c) dispensing pursuant to a medical order, and (d) any transfer of a prescription drug or device to a patient or caregiver other than by administering.Source Laws 2007, LB463,  913. 
38-2818.01.  Drug sample or sample medication; defined.Drug sample or sample medication means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug. Each sample unit shall bear a label that clearly denotes its status as a drug sample, which may include, but need not be limited to, the words sample, not for sale, or professional courtesy package.Source Laws 2011, LB179,  4.
38-2818.02.  Drug product, defined.Drug product means any drug or device as defined in section 38-2841.Source Laws 2017, LB481,  7. 
38-2818.03.  Drug product select, defined.Drug product select means to dispense, without the practitioner's express authorization, an equivalent drug product or an interchangeable biological product in place of the brand-name drug or the biological product contained in a medical order of such practitioner.Source Laws 2017, LB481,  8. 
38-2818.  Distribute, defined.Distribute means to deliver a drug or device, other than by administering or dispensing.Source Laws 2007, LB463,  914. 
38-2819.  Drugs, medicines, and medicinal substances, defined.Drugs, medicines, and medicinal substances means (1) articles recognized in The United States Pharmacopeia and The National Formulary, the Homeopathic Pharmacopoeia of the United States, or any supplement to any of them, (2) articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of diseases in humans or animals, (3) articles, except food, intended to affect the structure or any function of the body of a human or an animal, (4) articles intended for use as a component of any articles specified in subdivision (1), (2), or (3) of this section, except any device or its components, parts, or accessories, and (5) prescription drugs or devices.Source  Laws 2007, LB463,  915;  Laws 2015, LB37,  34.  
38-2820.  Electronic signature, defined.Electronic signature has the same meaning as in section 86-621.Source Laws 2007, LB463,  916. 
38-2821.01.  Equivalent, defined.Equivalent means drug products that are both chemically equivalent and bioequivalent.Source Laws 2017, LB481,  9. 
38-2821.  Electronic transmission, defined.Electronic transmission means transmission of information in electronic form. Electronic transmission may include computer-to-computer transmission or computer-to-facsimile transmission.Source Laws 2007, LB463,  917. 
38-2822.  Facility, defined.Facility means a health care facility as defined in section 71-413.Source Laws 2007, LB463,  918. 
38-2823.01.  Generic name, defined.Generic name means the official title of a drug or drug combination as determined by the United States Adopted Names Council and accepted by the federal Food and Drug Administration of those drug products having the same active chemical ingredients in the same strength and quantity.Source Laws 2017, LB481,  10. 
38-2823.  Facsimile, defined.Facsimile means a copy generated by a system that encodes a document or photograph into electrical signals, transmits those signals over telecommunications lines, and reconstructs the signals to create an exact duplicate of the original document at the receiving end.Source Laws 2007, LB463,  919. 
38-2824.  Graduate pharmacy education or approved program, defined.Graduate pharmacy education or approved program means a period of supervised educational training by a graduate of an accredited school or college of pharmacy, which training has been approved by the board.Source  Laws 1978, LB 675,  3;  Laws 1996, LB 1044,  456;  Laws 1999, LB 828,  116;   R.S.1943, (2003),  71-1,147.19;  Laws 2007, LB463,  920. 
38-2825.01.  Hospital pharmacy, defined.Hospital pharmacy means each facility licensed as a hospital in which the compounding, preparation for administration, or dispensing of drugs or devices pursuant to a chart order occurs for patients within the confines of the hospital with oversight by a pharmacist in charge.Source Laws 2015, LB37,  35. 
38-2825.02.  Interchangeable biological product, defined.Interchangeable biological product means a biological product that the federal Food and Drug Administration:(1) Has licensed and has determined meets the standards for interchangeability pursuant to 42 U.S.C. 262(k)(4), as such section existed on January 1, 2017, or as set forth in the Lists of Licensed Biological Products with Reference Product Exclusivity and Biosimilarity or Interchangeability Evaluations published by the federal Food and Drug Administration, as such publication existed on January 1, 2017; or(2) Has determined is therapeutically equivalent as set forth in the Approved Drug Products with Therapeutic Equivalence Evaluations of the federal Food and Drug Administration, as such publication existed on January 1, 2017.Source Laws 2017, LB481,  11. 
38-2825.  Hospital, defined.Hospital has the same meaning as in section 71-419.Source Laws 2007, LB463,  921. 
38-2826.01.  Long-term care facility, defined.Long-term care facility means an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a long-term care hospital, a mental health substance use treatment center, a nursing facility, or a skilled nursing facility, as such terms are defined in the Health Care Facility Licensure Act.Source  Laws 2009, LB195,  49;  Laws 2013, LB23,  8;  Laws 2018, LB1034,  43.  Cross References  Health Care Facility Licensure Act, see section 71-401.
38-2826.02.  Medical gas, defined.Medical gas means oxygen in liquid or gaseous form intended for human consumption.Source Laws 2009, LB604,  4.
38-2826.03.  Medical gas device, defined.Medical gas device means a medical device associated with the administration of medical gas.Source Laws 2009, LB604,  5.
38-2826.  Labeling, defined.Labeling means the process of preparing and affixing a label to any drug container or device container, exclusive of the labeling by a manufacturer, packager, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal and state law or regulation. Compliance with labeling requirements under federal law for devices described in subsection (2) of section 38-2841, medical gases, and medical gas devices constitutes compliance with state law and regulations for purposes of this section. Labeling does not include affixing an auxiliary sticker or other such notation to a container after a drug has been dispensed when the sticker or notation is affixed by a person credentialed under the Uniform Credentialing Act in a facility licensed under the Health Care Facility Licensure Act.Source  Laws 2007, LB463,  922;  Laws 2009, LB604,  6;  Laws 2010, LB849,  8;  Laws 2020, LB1052,  2.  Cross References  Health Care Facility Licensure Act, see section 71-401.
38-2828.  Medical order, defined.Medical order means a prescription, a chart order, or an order for pharmaceutical care issued by a practitioner.Source Laws 2007, LB463,  924. 
38-2829.  Nonprescription drugs, defined.Nonprescription drugs means nonnarcotic medicines or drugs which may be sold without a medical order and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and regulations of this state and the federal government.Source Laws 2007, LB463,  925. 
38-2830.  Patient counseling, defined.Patient counseling means the verbal communication by a pharmacist, pharmacist intern, or practitioner, in a manner reflecting dignity and the right of the patient to a reasonable degree of privacy, of information to the patient or caregiver in order to improve therapeutic outcomes by maximizing proper use of prescription drugs and devices and also includes the duties set out in section 38-2869.Source Laws 2007, LB463,  926. 
38-2831.  Pharmaceutical care, defined.(1) Pharmaceutical care means the provision of drug therapy by a pharmacist for the purpose of achieving therapeutic outcomes that improve a patient's quality of life. Such outcomes include (a) the cure of disease, (b) the elimination or reduction of a patient's symptomatology, (c) the arrest or slowing of a disease process, or (d) the prevention of a disease or symptomatology.(2) Pharmaceutical care includes the process through which the pharmacist works in concert with the patient and his or her caregiver, physician, or other professionals in designing, implementing, and monitoring a therapeutic plan that will produce specific therapeutic outcomes for the patient.Source  Laws 2007, LB463,  927;  Laws 2015, LB37,  36.  
38-2832.  Pharmacist, defined.Pharmacist means any person who is licensed by the State of Nebraska to practice pharmacy.Source Laws 2007, LB463,  928. 
38-2833.  Pharmacist in charge, defined.Pharmacist in charge means a pharmacist who is designated on a pharmacy license or a remote dispensing pharmacy license or designated by a hospital as being responsible for the practice of pharmacy in the pharmacy for which a pharmacy license or a remote dispensing pharmacy license is issued or in a hospital pharmacy and who works within the physical confines of such pharmacy or hospital pharmacy, except that the pharmacist in charge is not required to work within the physical confines of a remote dispensing pharmacy unless otherwise required by law.Source  Laws 2007, LB463,  929;  Laws 2015, LB37,  37;  Laws 2018, LB731,  69.  
38-2834.  Pharmacist intern, defined.Pharmacist intern means a person who meets the requirements of section 38-2854.Source Laws 2007, LB463,  930. 
38-2835.  Pharmacy, defined.Pharmacy has the same meaning as in section 71-425.Source Laws 2007, LB463,  931. 
38-2836.01.  Practice agreement, defined.Practice agreement means a document signed by a pharmacist and a practitioner with independent prescribing authority, in which the pharmacist agrees to design, implement, and monitor a therapeutic plan based on a written protocol.Source Laws 2017, LB166,  11. 
38-2836.  Pharmacy technician, defined.Pharmacy technician means an individual registered under sections 38-2890 to 38-2897.Source  Laws 2007, LB247,  80;  Laws 2007, LB463,  932. 
38-2837.  Practice of pharmacy, defined.(1) Practice of pharmacy means (a) the interpretation, evaluation, and implementation of a medical order, (b) the dispensing of drugs and devices, (c) drug product selection, (d) the administration of drugs or devices, (e) drug utilization review, (f) patient counseling, (g) the provision of pharmaceutical care, (h) medication therapy management, and (i) the responsibility for compounding and labeling of dispensed or repackaged drugs and devices, proper and safe storage of drugs and devices, and maintenance of proper records.(2) The active practice of pharmacy means the performance of the functions set out in this section by a pharmacist as his or her principal or ordinary occupation.Source  Laws 2007, LB463,  933;  Laws 2015, LB37,  38.  
38-2838.  Practitioner, defined.Practitioner means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a physician assistant, a physician, a podiatrist, or a veterinarian.Source Laws 2007, LB463,  934. 
38-2839.  Prescribe, defined.Prescribe means to issue a medical order.Source Laws 2007, LB463,  935. 
38-2840.  Prescription, defined.Prescription means an order for a drug or device issued by a practitioner for a specific patient, for emergency use, or for use in immunizations. Prescription does not include a chart order.Source Laws 2007, LB463,  936. 
38-2841.  Prescription drug or device or legend drug or device, defined.(1) Prescription drug or device or legend drug or device means:(a) A drug or device which is required under federal law to be labeled with one of the following statements prior to being dispensed or delivered:(i) Caution: Federal law prohibits dispensing without prescription;(ii) Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian; or(iii) "Rx Only"; or(b) A drug or device which is required by any applicable federal or state law to be dispensed pursuant only to a prescription or chart order or which is restricted to use by practitioners only.(2) Prescription drug or device or legend drug or device does not include a type of device, including supplies and device components, which carries the federal Food and Drug Administration legend "Caution: Federal law restricts this device to sale by or on the order of a licensed health care practitioner" or an alternative legend approved by the federal Food and Drug Administration which it recognizes, in published guidance, as conveying essentially the same message.Source  Laws 2007, LB463,  937;  Laws 2010, LB849,  9. 
38-2842.  Public health clinic, defined.Public health clinic means the department, any county, city-county, or multicounty health department, or any private not-for-profit family planning clinic licensed as a health clinic as defined in section 71-416.Source Laws 2007, LB463,  938. 
38-2843.01.  Repackage, defined.Repackage means the act of taking a drug product from the container in which it was distributed by the manufacturer and placing it into a different container without further manipulation of the drug. Repackaging also includes the act of placing the contents of multiple containers, such as vials, of the same finished drug product into one container so long as the container does not contain other ingredients or is not further manipulated to change the drug product in any way.Source Laws 2017, LB166,  12. 
38-2843.02.  Remote dispensing, defined.Remote dispensing has the same meaning as in section 71-427.02.Source Laws 2018, LB731,  70. 
38-2843.03.  Remote dispensing pharmacy, defined.Remote dispensing pharmacy has the same meaning as in section 71-427.03.Source Laws 2018, LB731,  71. 
38-2843.04.  Supervising pharmacy, defined.Supervising pharmacy has the same meaning as in section 71-427.04.Source Laws 2018, LB731,  72. 
38-2843.  Public health clinic worker, defined.Public health clinic worker means a person in a public health clinic with a delegated dispensing permit who has completed the approved training and has demonstrated proficiency to perform the task of dispensing authorized refills of contraceptives pursuant to a written prescription.Source  Laws 2007, LB463,  939;  Laws 2015, LB37,  39.  
38-2844.  Signature, defined.Signature means the name, word, or mark of a person written in his or her own hand with the intent to authenticate a writing or other form of communication or a digital signature which complies with section 86-611 or an electronic signature.Source Laws 2007, LB463,  940. 
38-2845.01.  Telepharmacy, defined.Telepharmacy means the provision of pharmacist care, by a pharmacist located within the United States, using telecommunications, remote order entry, or other automations and technologies to deliver care to patients or their agents who are located at sites other than where the pharmacist is located.Source Laws 2015, LB37,  40. 
38-2845.  Supervision, defined.Supervision means the personal guidance and direction by a pharmacist of the performance by a pharmacy technician of authorized activities or functions subject to (1) verification by such pharmacist or (2) validation by a certified pharmacy technician subject to section 38-2891.01. Supervision of a pharmacy technician may occur by means of a real-time audiovisual communication system.Source  Laws 2007, LB463,  941;  Laws 2013, LB326,  1;  Laws 2019, LB74,  3.  
38-2846.01.  Validation, defined.Validation means the action of a certified pharmacy technician checking the accuracy and completeness of the acts, tasks, or functions undertaken by another certified pharmacy technician as provided in section 38-2891.01.Source Laws 2019, LB74,  4. 
38-2846.  Temporary educational permit, defined.Temporary educational permit means a permit to practice pharmacy in a supervised educational program approved by the board.Source  Laws 1978, LB 675,  2;  Laws 1999, LB 828,  115;   R.S.1943, (2003),  71-1,147.18;  Laws 2007, LB463,  942. 
38-2847.  Verification, defined.(1) Verification means the confirmation by a supervising pharmacist of the accuracy and completeness of the acts, tasks, or functions undertaken by a pharmacy technician to assist the pharmacist in the practice of pharmacy.(2) Verification shall occur by a pharmacist on duty in the facility, except that verification may occur by means of a real-time audiovisual communication system if (a) a pharmacy technician performs authorized activities or functions to assist a pharmacist and the prescribed drugs or devices will be administered to persons who are patients or residents of a facility by a credentialed individual authorized to administer medications or (b) a pharmacy technician is engaged in remote dispensing in compliance with section 71-436.02.Source  Laws 2007, LB463,  943;  Laws 2013, LB326,  2;  Laws 2018, LB731,  73.  
38-2848.  Written protocol, defined.Written protocol means a written template, agreed to by pharmacists and practitioners with independent prescribing authority, working in concert, which directs how the pharmacists will implement and monitor a therapeutic plan.Source Laws 2017, LB166,  13. 
38-2849.  Board; membership; qualifications.The board shall be composed of five members, including four actively practicing pharmacists, at least one of whom practices within the confines of a hospital, and one public member who is interested in the health of the people of Nebraska.Source Laws 2007, LB463,  945. 
38-2850.  Pharmacy; practice; persons excepted.As authorized by the Uniform Credentialing Act, the practice of pharmacy may be engaged in by a pharmacist, a pharmacist intern, or a practitioner with a pharmacy license. The practice of pharmacy shall not be construed to include:(1) Practitioners, other than veterinarians, certified nurse midwives, certified registered nurse anesthetists, nurse practitioners, and physician assistants, who dispense drugs or devices as an incident to the practice of their profession, except that if such practitioner engages in dispensing such drugs or devices to his or her patients for which such patients are charged, such practitioner shall obtain a pharmacy license;(2) Persons who sell, offer, or expose for sale nonprescription drugs or proprietary medicines, the sale of which is not in itself a violation of the Nebraska Liquor Control Act;(3) Medical representatives, detail persons, or persons known by some name of like import, but only to the extent of permitting the relating of pharmaceutical information to health care professionals;(4) Licensed veterinarians practicing within the scope of their profession;(5) Certified nurse midwives, certified registered nurse anesthetists, nurse practitioners, and physician assistants who dispense sample medications which are provided by the manufacturer and are dispensed at no charge to the patient;(6) Optometrists who prescribe or dispense eyeglasses or contact lenses to their own patients, including contact lenses that contain and deliver ocular pharmaceutical agents as authorized under the Optometry Practice Act, and ophthalmologists who prescribe or dispense eyeglasses or contact lenses to their own patients, including contact lenses that contain and deliver ocular pharmaceutical agents;(7) Registered nurses or licensed practical nurses employed by a hospital who administer pursuant to a chart order, or procure for such purpose, single doses of drugs or devices from original drug or device containers or properly labeled repackaged or prepackaged drug or device containers to persons registered as patients and within the confines of the hospital;(8) Persons employed by a facility where dispensed drugs and devices are delivered from a pharmacy for pickup by a patient or caregiver and no dispensing or storage of drugs or devices occurs;(9) Persons who sell or purchase medical products, compounds, vaccines, or serums used in the prevention or cure of animal diseases and maintenance of animal health if such medical products, compounds, vaccines, or serums are not sold or purchased under a direct, specific, written medical order of a licensed veterinarian;(10) A person accredited by an accrediting body who, pursuant to a medical order, (a) administers, dispenses, or distributes medical gas or medical gas devices to patients or ultimate users or (b) purchases or receives medical gas or medical gas devices for administration, dispensing, or distribution to patients or ultimate users; and(11) A person accredited by an accrediting body who, pursuant to a medical order, (a) sells, delivers, or distributes devices described in subsection (2) of section 38-2841 to patients or ultimate users or (b) purchases or receives such devices with intent to sell, deliver, or distribute to patients or ultimate users.Source   Laws 1927, c. 167,  121, p. 490;   C.S.1929,  71-1802;   R.S.1943,  71-1,143;   Laws 1961, c. 339,  2, p. 1062;  Laws 1971, LB 350,  2;  Laws 1983, LB 476,  7;  Laws 1994, LB 900,  3;  Laws 1996, LB 414,  7;   Laws 1996, LB 1108,  15;  Laws 2000, LB 1115,  18;  Laws 2001, LB 398,  29;  Laws 2005, LB 256,  30;   R.S.Supp.,2006,  71-1,143;  Laws 2007, LB463,  946;  Laws 2009, LB604,  7;  Laws 2010, LB849,  10;  Laws 2015, LB37,  41.  Cross References   Nebraska Liquor Control Act, see section 53-101.  Optometry Practice Act, see section 38-2601. 
38-2851.  Pharmacist; license; requirements.(1) To be eligible to take the pharmacist licensure examination, every applicant must present proof of graduation from an accredited pharmacy program. A graduate of a pharmacy program located outside of the United States and which is not accredited shall be deemed to have satisfied the requirement of being a graduate of an accredited pharmacy program upon providing evidence satisfactory to the department, with the recommendation of the board, of graduation from such foreign pharmacy program and upon successfully passing an equivalency examination approved by the board.(2) Every applicant for licensure as a pharmacist shall (a) pass a pharmacist licensure examination approved by the board, (b) have graduated from a pharmacy program pursuant to subsection (1) of this section, and (c) present proof satisfactory to the department, with the recommendation of the board, that he or she has met one of the following requirements to demonstrate his or her current competency: (i) Within the last three years, has passed a pharmacist licensure examination approved by the board; (ii) has been in the active practice of the profession of pharmacy in another state, territory, or the District of Columbia for at least one year within the three years immediately preceding the application for licensure; (iii) has become board certified in a specialty recognized by the Board of Pharmacy Specialties or its successor within the seven years immediately preceding the application for licensure; (iv) is duly licensed as a pharmacist in some other state, territory, or the District of Columbia in which, under like conditions, licensure as a pharmacist is granted in this state; or (v) has completed continuing competency in pharmacy that is approved by the Board of Pharmacy.(3) Proof of the qualifications for licensure prescribed in this section shall be made to the satisfaction of the department, with the recommendation of the board. Graduation from an accredited pharmacy program shall be certified by the appropriate school, college, or university authority by the issuance of the degree granted to a graduate of such school, college, or university.Source   Laws 1927, c. 167,  123, p. 491;   C.S.1929,  71-1804;   Laws 1939, c. 91,  1, p. 393;   C.S.Supp.,1941,  71-1804;   Laws 1943, c. 151,  2, p. 552;   R.S.1943,  71-1,145;  Laws 1971, LB 350,  3;  Laws 1974, LB 811,  14;  Laws 1983, LB 476,  14;  Laws 1996, LB 1044,  449;  Laws 1999, LB 828,  110;   R.S.Supp.,2000,  71-1,145;  Laws 2001, LB 398,  30;  Laws 2003, LB 242,  51;  Laws 2003, LB 245,  13;  Laws 2004, LB 1005,  15;   R.S.Supp.,2006,  71-1,143.01;  Laws 2007, LB296,  345;  Laws 2007, LB463,  947;  Laws 2011, LB179,  5. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2852.  Examination; grade.Every applicant for licensure as a pharmacist shall be required to attain a grade to be determined by the board in an examination in pharmacy and a grade of seventy-five in an examination in jurisprudence of pharmacy.Source Laws 2007, LB463,  948. 
38-2854.  Pharmacist intern; qualifications; registration; powers.(1) A pharmacist intern shall be (a) a student currently enrolled in an accredited pharmacy program, (b) a graduate of an accredited pharmacy program serving his or her internship, or (c) a graduate of a pharmacy program located outside the United States which is not accredited and who has successfully passed equivalency examinations approved by the board. Intern registration based on enrollment in or graduation from an accredited pharmacy program shall expire not later than fifteen months after the date of graduation or at the time of professional licensure, whichever comes first. Intern registration based on graduation from a pharmacy program located outside of the United States which is not accredited shall expire not later than fifteen months after the date of issuance of the registration or at the time of professional licensure, whichever comes first.(2) A pharmacist intern may compound and dispense drugs or devices and fill prescriptions only in the presence of and under the immediate personal supervision of a licensed pharmacist. Such licensed pharmacist shall either be (a) the person to whom the pharmacy license is issued or a person in the actual employ of the pharmacy licensee or (b) the delegating pharmacist designated in a delegated dispensing agreement by a hospital with a delegated dispensing permit.(3) Performance as a pharmacist intern under the supervision of a licensed pharmacist shall be predominantly related to the practice of pharmacy and shall include the keeping of records and the making of reports required under state and federal statutes. The department, with the recommendation of the board, shall adopt and promulgate rules and regulations as may be required to establish standards for internship.Source  Laws 2004, LB 1005,  14;   R.S.Supp.,2006,  71-1,144;  Laws 2007, LB463,  950;  Laws 2011, LB179,  6. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2855.  Pharmacy; temporary educational permits; issuance.The department, with the recommendation of the board, shall have authority to issue temporary educational permits to qualified applicants in accordance with the Pharmacy Practice Act.Source  Laws 1978, LB 675,  6;  Laws 1996, LB 1044,  458;  Laws 1999, LB 828,  119;   R.S.1943, (2003),  71-1,147.22;  Laws 2007, LB463,  951. 
38-2856.  Temporary educational permit; practice pharmacy; conditions.The holder of a temporary educational permit shall be entitled to practice pharmacy while serving in a supervised educational program or in an approved graduate pharmacy education program conducted by an accredited hospital or clinic in the State of Nebraska or by an accredited school or college of pharmacy in the State of Nebraska. The holder of a temporary educational permit shall not be qualified to engage in the practice of pharmacy outside of the assigned training program or outside the confines of the accredited hospital or clinic or the accredited school or college.Source  Laws 1978, LB 675,  7;   R.S.1943, (2003),  71-1,147.23;  Laws 2007, LB463,  952. 
38-2857.  Temporary educational permit; issuance; when.Before any temporary educational permit is issued pursuant to the Pharmacy Practice Act, the department, with the recommendation of the board, shall determine that the applicant for such permit has met all of the requirements of the act relating to issuing any such permit.Source  Laws 1978, LB 675,  8;  Laws 1996, LB 1044,  459;  Laws 1999, LB 828,  120;   R.S.1943, (2003),  71-1,147.24;  Laws 2007, LB463,  953. 
38-2858.  Holder of temporary educational permit; rules and regulations; applicability.Except as otherwise provided by law, the holder of any temporary educational permit shall be subject to all of the rules and regulations prescribed for pharmacists regularly licensed in the State of Nebraska and such other rules and regulations as may be adopted by the department, with the recommendation of the board, with respect to such permits in order to carry out the purposes of the Pharmacy Practice Act.Source  Laws 1978, LB 675,  9;  Laws 1996, LB 1044,  460;  Laws 1999, LB 828,  121;   R.S.1943, (2003),  71-1,147.25;  Laws 2007, LB463,  954. 
38-2859.  Temporary educational permit; period valid; renewal.The duration of any temporary educational permit issued pursuant to the Pharmacy Practice Act shall be determined by the department but in no case shall it be in excess of one year. The permit may be renewed from time to time at the discretion of the department but in no case shall it be renewed for more than five one-year periods.Source  Laws 1978, LB 675,  10;  Laws 1996, LB 1044,  461;   R.S.1943, (2003),  71-1,147.26;  Laws 2007, LB296,  346;  Laws 2007, LB463,  955. 
38-2860.  Temporary educational permit.The department, with the recommendation of the board, may issue to all qualified graduates of accredited colleges of pharmacy, who are eligible for the examination provided for in section 38-2851, and who make application for such examination, a temporary educational permit. Such permit shall be issued only for the duration of the time between the date of the examination and the date of licensure granted as a result of such examination.Source  Laws 1978, LB 675,  11;  Laws 2001, LB 398,  40;   R.S.1943, (2003),  71-1,147.27;  Laws 2007, LB463,  956. 
38-2861.  Temporary educational permit; serve in approved program; application; contents.Before granting any temporary educational permit, the department shall ascertain by evidence satisfactory to the department, with the recommendation of the board, that an accredited hospital or clinic or an accredited school or college of pharmacy in the State of Nebraska has requested the issuance of a temporary educational permit for an applicant to serve as a graduate student in its approved program for the period involved. Any application for the issuance of such permit shall be signed by the applicant requesting that such permit be issued to him or her and shall designate the specified approved graduate pharmacy educational program with respect to which such permit shall apply.Source  Laws 1978, LB 675,  12;  Laws 1996, LB 1044,  462;   R.S.1943, (2003),  71-1,147.28;  Laws 2007, LB296,  347;  Laws 2007, LB463,  957. 
38-2862.  Temporary educational permit; recommendation for issuance; by whom.The recommendation of the board to the department for the issuance of any temporary educational permits shall be made at regular meetings of the board, but the chairperson or one other member of the board, as specifically selected by the members of the board, and its executive secretary, jointly shall have the power to recommend to the department the issuance of such permits between the meetings of the board.Source  Laws 1978, LB 675,  13;  Laws 1999, LB 828,  122;   R.S.1943, (2003),  71-1,147.29;  Laws 2007, LB463,  958. 
38-2863.  Temporary educational permit; fee.The recipient of a temporary educational permit shall pay the required fee.Source  Laws 1978, LB 675,  14;  Laws 1996, LB 1044,  463;  Laws 1999, LB 828,  123;  Laws 2003, LB 242,  52;   R.S.1943, (2003),  71-1,147.30;  Laws 2007, LB463,  959. 
38-2864.  Temporary educational permit; disciplinary actions; appeal.Any temporary educational permit granted under the authority of the Pharmacy Practice Act may be suspended, limited, or revoked by the department, with the recommendation of the board, at any time upon a finding that the reasons for issuing such permit no longer exist or that the person to whom such permit has been issued is no longer qualified to hold such permit or for any reason for which a pharmacist license could be suspended, limited, or revoked. A hearing on the suspension, limitation, or revocation of the temporary educational permit by the department shall be held in the same manner as for the denial of a pharmacist license. The final order of the director may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.Source  Laws 1978, LB 675,  15;  Laws 1988, LB 352,  119;  Laws 1996, LB 1044,  464;  Laws 1999, LB 828,  124;  Laws 2001, LB 398,  41;   R.S.1943, (2003),  71-1,147.31;  Laws 2007, LB296,  348;  Laws 2007, LB463,  960. Cross References  Administrative Procedure Act, see section 84-920.
38-2865.  Holder; temporary educational permit; receive license; when.The holder of a temporary educational permit shall not be entitled to a pharmacist license in the State of Nebraska unless and until such individual meets all of the requirements of law for issuing such pharmacist license.Source  Laws 1978, LB 675,  16;  Laws 2001, LB 398,  42;   R.S.1943, (2003),  71-1,147.32;  Laws 2007, LB463,  961. 
38-2866.01.  Pharmacist; supervision of pharmacy technicians and pharmacist interns.A pharmacist may supervise any combination of pharmacy technicians and pharmacist interns at any time up to a total of three people. A pharmacist intern shall be supervised at all times while performing the functions of a pharmacist intern which may include all aspects of the practice of pharmacy unless otherwise restricted. This section does not apply to a pharmacist intern who is receiving experiential training directed by the accredited pharmacy program in which he or she is enrolled.Source  Laws 2015, LB37,  43;  Laws 2017, LB166,  14.  
38-2866.  Pharmacist; powers.Unless specifically limited by the board or the department, a pharmacist may (1) engage in the practice of pharmacy and telepharmacy, (2) use automation in the practice of pharmacy and telepharmacy, (3) use the abbreviation R.P., RP, R.Ph., or RPh or the title licensed pharmacist or pharmacist, (4) enter into delegated dispensing agreements, (5) supervise pharmacy technicians and pharmacist interns, and (6) possess, without dispensing, prescription drugs and devices, including controlled substances, for purposes of administration, repackaging, or educational use in an accredited pharmacy program. A pharmacy shall not be open for the practice of pharmacy unless a pharmacist is physically present.Source  Laws 2001, LB 398,  33;   R.S.1943, (2003),  71-1,143.03;  Laws 2007, LB463,  962;  Laws 2008, LB308,  11;  Laws 2015, LB37,  42.  
38-2867.01.  Authority to compound; standards; labeling; prohibited acts.(1) Any person authorized to compound shall compound in compliance with the standards of chapters 795 and 797 of The United States Pharmacopeia and The National Formulary, as such chapters existed on January 1, 2015, and shall compound (a) as the result of a practitioner's medical order or initiative occurring in the course of practice based upon the relationship between the practitioner, patient, and pharmacist, (b) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing, or (c) for office use only and not for resale.(2) Compounding in a hospital pharmacy may occur for any hospital which is part of the same health care system under common ownership or which is a member of or an affiliated member of a formal network or partnership agreement.(3)(a) Any authorized person may reconstitute a commercially available drug product in accordance with directions contained in approved labeling provided by the product's manufacturer and other manufacturer directions consistent with labeling.(b) Any authorized person using beyond-use dating must follow the approved product manufacturer's labeling or the standards of The United States Pharmacopeia and The National Formulary if the product manufacturer's labeling does not specify beyond-use dating.(c) Any authorized person engaged in activities listed in this subsection is not engaged in compounding, except that any variance from the approved product manufacturer's labeling will result in the person being engaged in compounding.(4) Any authorized person splitting a scored tablet along scored lines or adding flavoring to a commercially available drug product is not engaged in compounding.(5) No person shall compound:(a) A drug that has been identified by the federal Food and Drug Administration as withdrawn or removed from the market because the drug was found to be unsafe or ineffective;(b) A drug that is essentially a copy of an approved drug unless there is a drug shortage as determined by the board or unless a patient has an allergic reaction to the approved drug; or(c) A drug that has been identified by the federal Food and Drug Administration or the board as a product which may not be compounded.Source Laws 2015, LB37,  45. 
38-2867.02.  Pharmacist in charge of hospital pharmacy; duties.(1) Beginning January 1, 2017, the pharmacist in charge of a hospital pharmacy shall develop and implement policies and procedures to ensure that a pharmacist reviews all medical orders prior to the first dose being administered to a patient in the hospital. The policies and procedures may provide for either a pharmacist onsite or the use of telepharmacy to comply with this requirement.(2) This section does not apply to the following situations:(a) When the practitioner controls the ordering, dispensing, and administration of the drug, such as in the operating room, endoscopy suite, or emergency room; or(b) When time does not permit the pharmacist's review, such as (i) a stat order meaning a medical order which indicates that the medication is to be given immediately and only once or (ii) when the clinical status of the patient would be significantly compromised by the delay resulting from the pharmacist's review of the order.Source Laws 2015, LB37,  46. 
38-2867.03.  Pharmacist; practice agreement; notice; contents; form; pharmacist intern participation.(1) A pharmacist may enter into a practice agreement as provided in this section with a licensed health care practitioner authorized to prescribe independently to provide pharmaceutical care according to written protocols. The pharmacist shall notify the board of any practice agreement at the initiation of the agreement and at the time of any change in parties to the agreement or written protocols. The notice shall be given to both the Board of Pharmacy and the board which licensed the health care practitioner. The notice shall contain the name of each pharmacist participating in the agreement and each licensed health care practitioner authorized to prescribe independently participating in the agreement and a description of the therapy being monitored or initiated.(2) A copy of the practice agreement and written protocols shall be available for review by a representative of the department. A copy of the practice agreement shall be sent to the Board of Pharmacy upon request by the board.(3) A practice agreement shall be in writing. Each pharmacist participating in the agreement and each licensed health care practitioner authorized to prescribe independently participating in the agreement shall sign the agreement and the written protocols at the initiation of the agreement and shall review, sign, and date the documents every two years thereafter. A practice agreement is active after it is signed by all the parties listed in the agreement.(4) A practice agreement and written protocols cease immediately upon (a) the death of either the pharmacist or the practitioner, (b) the loss of license to practice by either the pharmacist or the practitioner, (c) a disciplinary action limiting the ability of either the pharmacist or practitioner to enter into practice agreement, or (d) the individual decision of either the pharmacist or practitioner or mutual agreement by the parties to terminate the agreement.(5) A pharmacist intern may participate in a practice agreement without expressly being mentioned in the agreement if the pharmacist intern is supervised by a pharmacist who is a party to the agreement.Source Laws 2017, LB166,  15. 
38-2867.  Pharmacy; scope of practice; prohibited acts; violation; penalty.(1) Except as provided for pharmacy technicians in sections 38-2890 to 38-2897, for persons described in subdivision (10) or (11) of section 38-2850, and for individuals authorized to dispense under a delegated dispensing permit, no person other than a licensed pharmacist, a pharmacist intern, or a practitioner with a pharmacy license shall provide pharmaceutical care, compound and dispense drugs or devices, or dispense pursuant to a medical order. Notwithstanding any other provision of law to the contrary, a pharmacist or pharmacist intern may dispense drugs or devices pursuant to a medical order of a practitioner authorized to prescribe in another state if such practitioner could be authorized to prescribe such drugs or devices in this state.(2) Except as provided for pharmacy technicians in sections 38-2890 to 38-2897, for persons described in subdivision (10) or (11) of section 38-2850, and for individuals authorized to dispense under a delegated dispensing permit, it shall be unlawful for any person to permit or direct a person who is not a pharmacist intern, a licensed pharmacist, or a practitioner with a pharmacy license to provide pharmaceutical care, compound and dispense drugs or devices, or dispense pursuant to a medical order.(3) It shall be unlawful for any person to coerce or attempt to coerce a pharmacist to enter into a delegated dispensing agreement or to supervise any pharmacy technician for any purpose or in any manner contrary to the professional judgment of the pharmacist. Violation of this subsection by a health care professional regulated pursuant to the Uniform Credentialing Act shall be considered an act of unprofessional conduct. A violation of this subsection by a facility shall be prima facie evidence in an action against the license of the facility pursuant to the Health Care Facility Licensure Act. Any pharmacist subjected to coercion or attempted coercion pursuant to this subsection has a cause of action against the person and may recover his or her damages and reasonable attorney's fees.(4) Violation of this section by an unlicensed person shall be a Class III misdemeanor.Source   Laws 1927, c. 167,  127, p. 493;   C.S.1929,  71-1808;   R.S.1943,  71-1,147;   Laws 1961, c. 339,  3, p. 1063;  Laws 1971, LB 350,  5;  Laws 1983, LB 476,  15;  Laws 1993, LB 536,  50;  Laws 1994, LB 900,  4;   Laws 1996, LB 1108,  16;  Laws 1999, LB 594,  44;  Laws 2001, LB 398,  34;   R.S.1943, (2003),  71-1,147;  Laws 2007, LB236,  30;  Laws 2007, LB247,  81;  Laws 2007, LB463,  963;  Laws 2009, LB604,  8;  Laws 2010, LB849,  11;  Laws 2015, LB37,  44.  Cross References  Health Care Facility Licensure Act, see section 71-401.
38-2868.  Pharmacist; patient information; privileged.(1) Information with regard to a patient maintained by a pharmacist pursuant to the Pharmacy Practice Act shall be privileged and confidential and may be released only to (a) the patient or the caregiver of the patient or others authorized by the patient or his or her legal representative, (b) a physician treating the patient, (c) other physicians or pharmacists when, in the professional judgment of the pharmacist, such release is necessary to protect the patient's health or well-being, or (d) other persons or governmental agencies authorized by law to receive such information.(2) Nothing in this section shall prohibit the release of confidential information to researchers conducting biomedical, pharmaco-epidemiologic, or pharmaco-economic research pursuant to health research approved by an institutional review board which is established in accordance with 21 C.F.R. parts 50 and 56 or 45 C.F.R. part 46, as such parts existed on April 1, 2006.Source  Laws 1993, LB 536,  56;  Laws 1994, LB 900,  8;  Laws 2001, LB 398,  46;   R.S.1943, (2003),  71-1,147.36;  Laws 2007, LB463,  964. 
38-2869.  Prospective drug utilization review; counseling; requirements.(1)(a) Prior to the dispensing or the delivery of a drug or device pursuant to a medical order to a patient or caregiver, a pharmacist shall in all care settings conduct a prospective drug utilization review. Such prospective drug utilization review shall involve monitoring the patient-specific medical history described in subdivision (b) of this subsection and available to the pharmacist at the practice site for:(i) Therapeutic duplication;(ii) Drug-disease contraindications;(iii) Drug-drug interactions;(iv) Incorrect drug dosage or duration of drug treatment;(v) Drug-allergy interactions; and(vi) Clinical abuse or misuse.(b) A pharmacist conducting a prospective drug utilization review shall ensure that a reasonable effort is made to obtain from the patient, his or her caregiver, or his or her practitioner and to record and maintain records of the following information to facilitate such review:(i) The name, address, telephone number, date of birth, and gender of the patient;(ii) The patient's history of significant disease, known allergies, and drug reactions and a comprehensive list of relevant drugs and devices used by the patient; and(iii) Any comments of the pharmacist relevant to the patient's drug therapy.(c) The assessment of data on drug use in any prospective drug utilization review shall be based on predetermined standards which are approved by the board.(2)(a) Prior to the dispensing or delivery of a drug or device pursuant to a prescription, the pharmacist shall ensure that a verbal offer to counsel the patient or caregiver is made. The refusal of the verbal offer to counsel must be documented. The counseling of the patient or caregiver by the pharmacist shall be on elements which, in the exercise of the pharmacist's professional judgment, the pharmacist deems significant for the patient. Such elements may include, but need not be limited to, the following:(i) The name and description of the prescribed drug or device;(ii) The route of administration, dosage form, dose, and duration of therapy;(iii) Special directions and precautions for preparation, administration, and use by the patient or caregiver;(iv) Common side effects, adverse effects or interactions, and therapeutic contraindications that may be encountered, including avoidance, and the action required if such effects, interactions, or contraindications occur;(v) Techniques for self-monitoring drug therapy;(vi) Proper storage;(vii) Prescription refill information; and(viii) Action to be taken in the event of a missed dose.(b) The patient counseling provided for in this subsection shall be provided in person whenever practical or by the utilization of telepharmacy which is available at no cost to the patient or caregiver.(c) Patient counseling shall be appropriate to the individual patient and shall be provided to the patient or caregiver.(d) Written information may be provided to the patient or caregiver to supplement the patient counseling provided for in this subsection but shall not be used as a substitute for such patient counseling.(e) A verbal offer to counsel is not required when:(i) The pharmacist, in his or her professional judgment, determines that patient counseling may be detrimental to the patient's care or to the relationship between the patient and his or her practitioner;(ii) The patient is a patient or resident of a health care facility or health care service licensed under the Health Care Facility Licensure Act to whom prescription drugs or devices are administered;(iii) A medical gas or a medical gas device is administered, dispensed, or distributed by a person described in subdivision (10) of section 38-2850; or(iv) A device described in subsection (2) of section 38-2841 is sold, distributed, or delivered by a person described in subdivision (11) of section 38-2850.Source  Laws 1993, LB 536,  55;  Laws 1998, LB 1073,  63;  Laws 2000, LB 819,  92;  Laws 2001, LB 398,  45;  Laws 2005, LB 382,  8;   R.S.Supp.,2006,  71-1,147.35;  Laws 2007, LB247,  26;  Laws 2007, LB463,  965;  Laws 2009, LB604,  9;  Laws 2010, LB849,  12;  Laws 2015, LB37,  47.  Cross References  Health Care Facility Licensure Act, see section 71-401.
38-2870.  Prescriptions for controlled substances; requirements; medical order; duration; dispensing; transmission.(1) Beginning January 1, 2022, prescriptions for controlled substances listed in section 28-405 shall be subject to section 38-1,146, except that all such prescriptions issued by a practitioner who is a dentist shall be subject to section 38-1,146 beginning January 1, 2024.(2) All medical orders shall be written, oral, or electronic and shall be valid for the period stated in the medical order, except that (a) if the medical order is for a controlled substance listed in section 28-405, such period shall not exceed six months from the date of issuance at which time the medical order shall expire and (b) if the medical order is for a drug or device which is not a controlled substance listed in section 28-405 or is an order issued by a practitioner for pharmaceutical care, such period shall not exceed twelve months from the date of issuance at which time the medical order shall expire.(3) Prescription drugs or devices may only be dispensed by a pharmacist or pharmacist intern pursuant to a medical order, by an individual dispensing pursuant to a delegated dispensing permit, or as otherwise provided in section 38-2850. Notwithstanding any other provision of law to the contrary, a pharmacist or a pharmacist intern may dispense drugs or devices pursuant to a medical order or an individual dispensing pursuant to a delegated dispensing permit may dispense drugs or devices pursuant to a medical order. The Pharmacy Practice Act shall not be construed to require any pharmacist or pharmacist intern to dispense, compound, administer, or prepare for administration any drug or device pursuant to any medical order. A pharmacist or pharmacist intern shall retain the professional right to refuse to dispense.(4) Except as otherwise provided in sections 28-414 and 28-414.01, a practitioner or the practitioner's agent may transmit a medical order to a pharmacist or pharmacist intern and an authorized refill to a pharmacist, pharmacist intern, or pharmacy technician by the following means: (a) In writing, (b) orally, (c) by facsimile transmission of a written medical order or electronic transmission of a medical order signed by the practitioner, or (d) by facsimile transmission of a written medical order or electronic transmission of a medical order which is not signed by the practitioner. Such an unsigned medical order shall be verified with the practitioner.(5)(a) Except as otherwise provided in sections 28-414 and 28-414.01, any medical order transmitted by facsimile or electronic transmission shall:(i) Be transmitted by the practitioner or the practitioner's agent directly to a pharmacist or pharmacist intern in a licensed pharmacy of the patient's choice; and any authorized refill transmitted by facsimile or electronic transmission shall be transmitted by the practitioner or the practitioner's agent directly to a pharmacist, pharmacist intern, or pharmacy technician. No intervening person shall be permitted access to the medical order to alter such order or the licensed pharmacy chosen by the patient. Such medical order may be transmitted through a third-party intermediary who shall facilitate the transmission of the order from the practitioner or practitioner's agent to the pharmacy;(ii) Identify the transmitter's telephone number or other suitable information necessary to contact the transmitter for written or oral confirmation, the time and date of the transmission, the identity of the pharmacy intended to receive the transmission, and other information as required by law; and(iii) Serve as the original medical order if all other requirements of this subsection are satisfied.(b) Medical orders transmitted by electronic transmission shall be signed by the practitioner either with an electronic signature for legend drugs which are not controlled substances or a digital signature for legend drugs which are controlled substances.(6) The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of any medical order transmitted by facsimile or electronic transmission.(7) The quantity of drug indicated in a medical order for a resident of a long-term care facility shall be sixty days unless otherwise limited by the prescribing practitioner.Source  Laws 2001, LB 398,  35;  Laws 2005, LB 382,  7;   R.S.Supp.,2006,  71-1,146.01;  Laws 2007, LB463,  966;  Laws 2014, LB811,  26;  Laws 2015, LB37,  48;  Laws 2017, LB166,  16;  Laws 2018, LB731,  74;  Laws 2021, LB583,  5.  
38-2871.  Prescription information; transfer; requirements.(1) Original prescription information for any controlled substances listed in Schedule III, IV, or V of section 28-405 and other prescription drugs or devices not listed in section 28-405 may be transferred between pharmacies for the purpose of refill dispensing on a one-time basis, except that pharmacies electronically sharing a real-time, online database may transfer up to the maximum refills permitted by law and as authorized by the prescribing practitioner on the prescription. Transfers are subject to the following:(a) The transfer is communicated directly between two pharmacists or pharmacist interns except when the pharmacies can use a real-time, online database;(b) The transferring pharmacist or pharmacist intern indicates void on the record of the prescription;(c) The transferring pharmacist or pharmacist intern indicates on the record of the prescription the name, the address, and, if a controlled substance, the Drug Enforcement Administration number of the pharmacy to which the information was transferred, the name of the pharmacist or pharmacist intern receiving the information, the date of transfer, and the name of the transferring pharmacist or pharmacist intern;(d) The receiving pharmacist or pharmacist intern indicates on the record of the transferred prescription that the prescription is transferred;(e) The transferred prescription includes the following information:(i) The date of issuance of the original prescription;(ii) The original number of refills authorized;(iii) The date of original dispensing;(iv) The number of valid refills remaining;(v) The date and location of last refill; and(vi) The name, the address, and, if a controlled substance, the Drug Enforcement Administration number of the pharmacy from which the transfer was made, the name of the pharmacist or pharmacist intern transferring the information, the original prescription number, and the date of transfer; and(f) Both the original and transferred prescriptions must be maintained by the transferring and receiving pharmacy for a period of five years from the date of transfer.(2) Nothing in this section shall prevent a pharmacist from forwarding an original prescription for a noncontrolled substance to another pharmacy at the request of the patient or the patients caregiver. An original prescription for a controlled substance shall not be forwarded to another pharmacy unless permitted under 21 C.F.R. 1306.25.Source  Laws 2001, LB 398,  36;   R.S.1943, (2003),  71-1,146.02;  Laws 2007, LB463,  967;  Laws 2009, LB195,  50;  Laws 2016, LB567,  1.  
38-2872.  Delegated dispensing agreements; authorized.A pharmacist may delegate certain specified dispensing tasks and functions under specified conditions and limitations to another person by entering into a delegated dispensing agreement which serves as the basis for a delegated dispensing permit. A delegated dispensing agreement shall include the address of the site where the dispensing will occur, the name and license number of each pharmacist who will assume the responsibilities of the delegating pharmacist, the name and signature of any individual who will be dispensing pursuant to such agreement, the manner in which inspections must be conducted and documented by the delegating pharmacist, and any other information required by the board. A delegated dispensing agreement shall not become effective until a delegated dispensing permit based upon such agreement is issued by the department, with the recommendation of the board, pursuant to section 38-2873.Source  Laws 2001, LB 398,  47;   R.S.1943, (2003),  71-1,147.62;  Laws 2007, LB463,  968. 
38-2873.  Delegated dispensing permit; requirements.(1) Any person who has entered into a delegated dispensing agreement pursuant to section 38-2872 may apply to the department for a delegated dispensing permit. An applicant shall apply at least thirty days prior to the anticipated date for commencing delegated dispensing activities. Each applicant shall (a) file an application as prescribed by the department and a copy of the delegated dispensing agreement and (b) pay any fees required by the department. A hospital applying for a delegated dispensing permit shall not be required to pay an application fee if it has a pharmacy license under the Health Care Facility Licensure Act.(2) The department shall issue or renew a delegated dispensing permit to an applicant if the department, with the recommendation of the board, determines that:(a) The application and delegated dispensing agreement comply with the Pharmacy Practice Act;(b) The public health and welfare is protected and public convenience and necessity is promoted by the issuance of such permit. If the applicant is a hospital, public health clinic, or dialysis drug or device distributor, the department shall find that the public health and welfare is protected and public convenience and necessity is promoted. For any other applicant, the department may, in its discretion, require the submission of documentation to demonstrate that the public health and welfare is protected and public convenience and necessity is promoted by the issuance of the delegated dispensing permit; and(c) The applicant has complied with any inspection requirements pursuant to section 38-2874.(3) In addition to the requirements of subsection (2) of this section, a public health clinic (a) shall apply for a separate delegated dispensing permit for each clinic maintained on separate premises even though such clinic is operated under the same management as another clinic and (b) shall not apply for a separate delegated dispensing permit to operate an ancillary facility. For purposes of this subsection, ancillary facility means a delegated dispensing site which offers intermittent services, which is staffed by personnel from a public health clinic for which a delegated dispensing permit has been issued, and at which no legend drugs or devices are stored.(4) A delegated dispensing permit shall not be transferable. Such permit shall expire annually on July 1 unless renewed by the department. The department, with the recommendation of the board, may adopt and promulgate rules and regulations to reinstate expired permits upon payment of a late fee.Source  Laws 2001, LB 398,  48;   R.S.1943, (2003),  71-1,147.63;  Laws 2007, LB463,  969;  Laws 2009, LB604,  10. Cross References  Health Care Facility Licensure Act, see section 71-401.
38-2874.  Delegated dispensing site; inspection; requirements; fees.(1) Before a delegated dispensing permit may be issued by the department, with the recommendation of the board, a pharmacy inspector of the board shall conduct an onsite inspection of the delegated dispensing site. A hospital applying for a delegated dispensing permit shall not be subject to an initial inspection or inspection fees pursuant to this subsection if the delegated dispensing site was inspected by the department pursuant to licensure under the Health Care Facility Licensure Act.(2) Each permittee shall have the delegated dispensing site inspected at least once on an annual basis. Such inspection may be conducted by self-inspection or other compliance assurance modalities, when approved by the board, as authorized in the rules and regulations of the department. A hospital with a delegated dispensing permit shall not be subject to annual inspections or inspection fees pursuant to this subsection if the delegated dispensing site was inspected by the department pursuant to licensure under the Health Care Facility Licensure Act.(3) Any applicant or permittee who fails to meet the requirements of the board or department to dispense drugs or devices pursuant to a delegated dispensing permit shall, prior to dispensing (a) have the delegated dispensing site reinspected by a pharmacy inspector of the board and (b) pay any reinspection fees.(4) The department, with the recommendation of the board, shall set inspection fees by rule and regulation not to exceed the fees established for pharmacy inspections required to obtain a pharmacy license under the Health Care Facility Licensure Act. The department shall remit inspection fees to the State Treasurer for credit to the Professional and Occupational Credentialing Cash Fund.Source  Laws 2001, LB 398,  49;  Laws 2003, LB 242,  54;   R.S.1943, (2003),  71-1,147.64;  Laws 2007, LB463,  970. Cross References  Health Care Facility Licensure Act, see section 71-401.
38-2875.  Delegated dispensing permit; complaint; investigation; costs.If a complaint is filed against a delegated dispensing permittee or any staff member, volunteer, or consultant in association with work performed under a delegated dispensing permit and if the complaint is found to be valid, the cost of investigating the complaint and any followup inspections shall be calculated by the board based upon the actual costs incurred and the cost shall be borne by the permittee being investigated. All costs collected by the department shall be remitted to the State Treasurer for credit to the Professional and Occupational Credentialing Cash Fund. If the complaint is not found to be valid, the cost of the investigation shall be paid from the fund.Source  Laws 1994, LB 900,  12;  Laws 1998, LB 1073,  67;  Laws 2001, LB 398,  50;  Laws 2003, LB 242,  53;   R.S.1943, (2003),  71-1,147.42;  Laws 2007, LB463,  971. 
38-2876.  Delegated dispensing permit; disciplinary actions.The department, with the recommendation of the board, may deny an application for a delegated dispensing permit, revoke, limit, or suspend a delegated dispensing permit, or refuse renewal of a delegated dispensing permit for a violation of section 38-178 or 38-179 or for any violation of the Pharmacy Practice Act and any rules and regulations adopted and promulgated by the department, with the recommendation of the board, pursuant to the act.Source  Laws 1994, LB 900,  13;  Laws 1998, LB 1073,  68;  Laws 2001, LB 398,  51;   R.S.1943, (2003),  71-1,147.43;  Laws 2007, LB463,  972. 
38-2877.  Delegated dispensing permit; denial or disciplinary actions; notice; hearing; procedure.(1) If the department, with the recommendation of the board, determines to deny an application for a delegated dispensing permit or to revoke, limit, suspend, or refuse renewal of a delegated dispensing permit, the department shall send to the applicant or permittee, by certified mail, a notice setting forth the particular reasons for the determination. The denial, limitation, suspension, revocation, or refusal of renewal shall become final thirty days after the mailing of the notice unless the applicant or permittee, within such thirty-day period, requests a hearing in writing. The applicant or permittee shall be given a fair hearing before the department and may present such evidence as may be proper. On the basis of such evidence, the determination involved shall be affirmed or set aside, and a copy of such decision setting forth the finding of facts and the particular reasons upon which it is based shall be sent by certified mail to the applicant or permittee. The decision shall become final thirty days after a copy of such decision is mailed unless the applicant or permittee within such thirty-day period appeals the decision pursuant to section 38-2879.(2) The procedure governing hearings authorized by this section shall be in accordance with rules and regulations adopted and promulgated by the department. A full and complete record shall be kept of all proceedings. Witnesses may be subpoenaed by either party and shall be allowed a fee at a rate prescribed by the rules and regulations adopted and promulgated by the department. The proceedings shall be summary in nature and triable as equity actions. Affidavits may be received in evidence in the discretion of the director. The department shall have the power to administer oaths, to subpoena witnesses and compel their attendance, and to issue subpoenas duces tecum and require the production of books, accounts, and documents in the same manner and to the same extent as the district courts of the state. Depositions may be used by either party.Source  Laws 1994, LB 900,  14;  Laws 1996, LB 1044,  466;  Laws 1998, LB 1073,  69;  Laws 2001, LB 398,  52;   R.S.1943, (2003),  71-1,147.44;  Laws 2007, LB296,  350;  Laws 2007, LB463,  973. 
38-2878.  Delegated dispensing permit; orders authorized; civil penalty.(1) Upon the completion of any hearing pursuant to section 38-2877, the director shall have the authority through entry of an order to exercise in his or her discretion any or all of the following powers:(a) Issue a censure against the permittee;(b) Place the permittee on probation;(c) Place a limitation or limitations on the permit and upon the right of the permittee to dispense drugs or devices to the extent, scope, or type of operation, for such time, and under such conditions as the director finds necessary and proper. The director shall consult with the board in all instances prior to issuing an order of limitation;(d) Impose a civil penalty not to exceed twenty thousand dollars. The amount of the civil penalty, if any, shall be based on the severity of the violation. If any violation is a repeated or continuing violation, each violation or each day a violation continues shall constitute a separate violation for the purpose of computing the applicable civil penalty, if any;(e) Enter an order of suspension of the permit;(f) Enter an order of revocation of the permit; and(g) Dismiss the action.(2) The permittee shall not dispense drugs or devices after a permit is revoked or during the time for which the permit is suspended. If a permit is suspended, the suspension shall be for a definite period of time to be fixed by the director. The permit shall be automatically reinstated upon the expiration of such period if the current renewal fees have been paid. If the permit is revoked, the revocation shall be permanent, except that at any time after the expiration of two years, application may be made for reinstatement by any permittee whose permit has been revoked as provided in section 38-148.(3) Any civil penalty assessed and unpaid under this section shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property. The department shall remit any collected civil penalty to the State Treasurer, within thirty days after receipt, for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.Source  Laws 1994, LB 900,  15;  Laws 1998, LB 1073,  70;  Laws 1999, LB 828,  126;  Laws 2001, LB 398,  53;   R.S.1943, (2003),  71-1,147.45;  Laws 2007, LB296,  351;  Laws 2007, LB463,  974. 
38-2879.  Delegated dispensing permit; revocation or suspension; procedure; appeal.(1) A petition for the revocation or suspension of a delegated dispensing permit may be filed by the Attorney General or by the county attorney in the county in which the permittee resides or is dispensing pursuant to a delegated dispensing permit. The petition shall be filed with the board and shall be entitled In the Matter of the Revocation (or suspension) of the Permit of (name of permittee) to dispense drugs and devices. It shall state the charges against the permittee with reasonable definiteness. Upon approval of such petition by the board, it shall be forwarded to the department which shall make an order fixing a time and place for hearing thereon, which shall not be less than ten days nor more than thirty days thereafter. Notice of the filing of such petition and of the time and place of hearing shall be served upon the permittee at least ten days before such hearing.(2) The notice of charges may be served by any sheriff or constable or by any person especially appointed by the department. The order of revocation or suspension of a permit shall be entered on record and the name of such permittee stricken from the roster of permittees, and the permittee shall not engage in the dispensing of drugs and devices after revocation of the permit or during the time for which it is suspended.(3) Any permittee shall have the right of appeal from an order of the department denying, revoking, suspending, or refusing renewal of a delegated dispensing permit. The appeal shall be in accordance with the Administrative Procedure Act.Source  Laws 1994, LB 900,  16;  Laws 1998, LB 1073,  71;  Laws 2001, LB 398,  54;   R.S.1943, (2003),  71-1,147.46;  Laws 2007, LB463,  975. Cross References  Administrative Procedure Act, see section 84-920.
38-2880.  Delegated dispensing permit; criminal charges; when.When appropriate, the Attorney General, with the recommendation of the board, shall initiate criminal charges against pharmacists or other persons who knowingly permit individuals dispensing pursuant to a delegated dispensing permit to perform professional duties which require the expertise or professional judgment of a pharmacist.Source  Laws 1994, LB 900,  17;  Laws 2001, LB 398,  55;   R.S.1943, (2003),  71-1,147.47;  Laws 2007, LB463,  976. 
38-2881.  Delegated dispensing permit; formularies.(1) With the recommendation of the board, the director shall approve a formulary to be used by individuals dispensing pursuant to a delegated dispensing permit. A formulary shall consist of a list of drugs or devices appropriate to delegated dispensing activities authorized by the delegated dispensing permit. Except as otherwise provided in this section, if the board finds that a formulary would be unnecessary to protect the public health and welfare and promote public convenience and necessity, the board shall recommend that no formulary be approved.(2)(a) With the recommendation of the board, the director shall approve the formulary to be used by public health clinics dispensing pursuant to a delegated dispensing permit.(b) The formulary for a public health clinic shall consist of a list of drugs and devices for contraception, sexually transmitted diseases, and vaginal infections which may be dispensed and stored, patient instruction requirements which shall include directions on the use of drugs and devices, potential side effects and drug interactions, criteria for contacting the on-call pharmacist, and accompanying written patient information.(c) In no event shall the director exclude any of the provisions for patient instruction approved by the board.(d) Drugs and devices with the following characteristics shall not be eligible to be included in the formulary:(i) Controlled substances;(ii) Drugs with significant dietary interactions;(iii) Drugs with significant drug-drug interactions; and(iv) Drugs or devices with complex counseling profiles.(3)(a) With the recommendation of the board, the director shall approve a formulary to be used by dialysis drug or device distributors.(b) The formulary for a dialysis drug or device distributor shall consist of a list of drugs, solutions, supplies, and devices for the treatment of chronic kidney failure which may be dispensed and stored.(c) In no event shall the director approve for inclusion in the formulary any drug or device not approved by the board.(d) Controlled substances shall not be eligible to be included in the formulary.Source  Laws 1994, LB 900,  18;  Laws 1996, LB 1044,  467;  Laws 1998, LB 1073,  72;  Laws 2001, LB 398,  56;   R.S.1943, (2003),  71-1,147.48;  Laws 2007, LB296,  352;  Laws 2007, LB463,  977;  Laws 2009, LB154,  4. 
38-2882.  Delegated dispensing permit; delegating pharmacist; duties.(1) Each delegated dispensing permittee shall have an actively practicing Nebraska-licensed pharmacist listed as the delegating pharmacist in the delegated dispensing agreement. The delegating pharmacist shall be responsible for all activities set forth in his or her delegated dispensing agreement. The delegating pharmacist shall approve and maintain a policy and procedure manual governing those aspects of the practice of pharmacy covered by the delegated dispensing agreement.(2) The delegating pharmacist for a public health clinic or a dialysis drug or device distributor shall be physically in the clinic or distributor's facility at least once every thirty days. The delegating pharmacist shall conduct and document monthly inspections of all activities and responsibilities listed in subsection (3) of this section and under his or her delegated dispensing agreement.(3) The delegating pharmacist for a public health clinic shall be responsible for the security, environment, inventory, and record keeping of all drugs and devices received, stored, or dispensed by the public health clinic. The delegating pharmacist for a dialysis drug or device distributor shall be responsible for the distribution, record keeping, labeling, and delivery of all drugs and devices dispensed by the dialysis drug or device distributor.Source  Laws 1994, LB 900,  20;  Laws 1998, LB 1073,  74;  Laws 2001, LB 398,  57;   R.S.1943, (2003),  71-1,147.50;  Laws 2007, LB463,  978. 
38-2883.  Delegated dispensing permit; liability; when.The delegating pharmacist or the on-call pharmacist shall not be held liable for acts or omissions on the part of an individual dispensing pursuant to the delegated dispensing permit.Source  Laws 1994, LB 900,  22;  Laws 2001, LB 398,  58;   R.S.1943, (2003),  71-1,147.52;  Laws 2007, LB463,  979. 
38-2884.  Delegated dispensing permit; public health clinic; dispensing requirements.Under a delegated dispensing permit for a public health clinic, approved formulary drugs and devices may be dispensed by a public health clinic worker or a health care professional licensed in Nebraska to practice medicine and surgery or licensed in Nebraska as a registered nurse, licensed practical nurse, or physician assistant without the onsite services of a pharmacist if:(1) The initial dispensing of all prescriptions for approved formulary drugs and devices is conducted by a health care professional licensed in Nebraska to practice medicine and surgery or pharmacy or licensed in Nebraska as a registered nurse, licensed practical nurse, or physician assistant;(2) The drug or device is dispensed pursuant to a prescription written onsite by a practitioner;(3) The only prescriptions to be refilled under the delegated dispensing permit are prescriptions for contraceptives;(4) Prescriptions are accompanied by patient instructions and written information approved by the director;(5) The dispensing of authorized refills of contraceptives is done by a licensed health care professional listed in subdivision (1) of this section or by a public health clinic worker;(6) All drugs or devices are prepackaged by the manufacturer or at a public health clinic by a pharmacist into the quantity to be prescribed and dispensed at the public health clinic;(7) All drugs and devices stored, received, or dispensed under the authority of public health clinics are properly labeled at all times. For purposes of this subdivision, properly labeled means that the label affixed to the container prior to dispensing contains the following information:(a) The name of the manufacturer;(b) The lot number and expiration date from the manufacturer or, if repackaged by a pharmacist, the lot number and calculated expiration date;(c) Directions for patient use;(d) The quantity of drug in the container;(e) The name, strength, and dosage form of the drug; and(f) Auxiliary labels as needed for proper adherence to any prescription;(8) The following additional information is added to the label of each container when the drug or device is dispensed:(a) The patient's name;(b) The name of the prescribing health care professional;(c) The prescription number;(d) The date dispensed; and(e) The name and address of the public health clinic;(9) The only drugs and devices allowed to be dispensed or stored by public health clinics appear on the formulary approved pursuant to section 38-2881; and(10) At any time that dispensing is occurring from a public health clinic, the delegating pharmacist for the public health clinic or on-call pharmacist in Nebraska is available, either in person or by telephone, to answer questions from clients, staff, public health clinic workers, or volunteers. This availability shall be confirmed and documented at the beginning of each day that dispensing will occur. The delegating pharmacist or on-call pharmacist shall inform the public health clinic if he or she will not be available during the time that his or her availability is required. If a pharmacist is unavailable, no dispensing shall occur.Source  Laws 1994, LB 900,  23;  Laws 1996, LB 1044,  468;   Laws 1996, LB 1108,  18;  Laws 1998, LB 1073,  76;  Laws 2001, LB 398,  59;  Laws 2002, LB 1062,  34;   R.S.1943, (2003),  71-1,147.53;  Laws 2007, LB296,  353;  Laws 2007, LB463,  980;  Laws 2015, LB37,  49.  
38-2885.  Delegated dispensing permit; worker; qualifications.No person shall act as a public health clinic worker in a public health clinic or as a dialysis drug or device distributor worker for a dialysis drug or device distributor unless the person:(1) Is at least eighteen years of age;(2) Has earned a high school diploma or the equivalent;(3) Has completed approved training as provided in section 38-2886; and(4) Has demonstrated proficiency as provided in section 38-2887.Source  Laws 1994, LB 900,  24;  Laws 1998, LB 1073,  77;   R.S.1943, (2003),  71-1,147.54;  Laws 2007, LB463,  981. 
38-2886.  Delegated dispensing permit; workers; training; requirements; documentation.(1) A delegating pharmacist shall conduct the training of public health clinic workers. The training shall be approved in advance by the board.(2) A delegating pharmacist shall conduct training of dialysis drug or device distributor workers. The training shall be based upon the standards approved by the board.(3) The public health clinic, the dialysis drug or device distributor, and the delegating pharmacist shall be responsible to assure that approved training has occurred and is documented.Source  Laws 1994, LB 900,  25;  Laws 1998, LB 1073,  78;  Laws 2001, LB 398,  60;   R.S.1943, (2003),  71-1,147.55;  Laws 2007, LB463,  982;  Laws 2009, LB154,  5. 
38-2887.  Delegated dispensing permit; worker; proficiency demonstration; supervision; liability.(1) A public health clinic worker or dialysis drug or device distributor worker shall demonstrate proficiency to the delegating pharmacist, according to the standards approved by the board. The delegating pharmacist shall document proficiency for each worker. In addition, a public health clinic worker shall be supervised by a licensed health care professional specified in subdivision (1) of section 38-2884 for the first month that such worker is dispensing refills of contraceptives.(2) Following initial training and proficiency demonstration, the public health clinic worker or dialysis drug or device distributor worker shall demonstrate continued proficiency at least annually. A dialysis drug or device distributor worker shall attend annual training programs taught by a pharmacist. Documentation of such training shall be maintained in the worker's employee file.(3) The public health clinic or dialysis drug or device distributor for which a public health clinic worker or dialysis drug or device distributor worker is working shall be liable for acts or omissions on the part of such worker.Source  Laws 1994, LB 900,  26;   Laws 1996, LB 1108,  19;  Laws 1998, LB 1073,  79;  Laws 2001, LB 398,  61;   R.S.1943, (2003),  71-1,147.56;  Laws 2007, LB463,  983;  Laws 2015, LB37,  50.  
38-2888.  Delegated dispensing permit; licensed health care professionals; training required.A delegating pharmacist shall conduct the training of all licensed health care professionals specified in subdivision (1) of section 38-2884 and who are dispensing pursuant to the delegated dispensing permit of a public health clinic. The training shall be approved in advance by the board.Source  Laws 1994, LB 900,  27;   Laws 1996, LB 1108,  20;  Laws 1998, LB 1073,  80;  Laws 2000, LB 1115,  20;  Laws 2001, LB 398,  62;   R.S.1943, (2003),  71-1,147.57;  Laws 2007, LB463,  984;  Laws 2009, LB154,  6. 
38-2889.  Delegated dispensing permit; advisory committees; authorized.The board may appoint formulary advisory committees as deemed necessary for the determination of formularies for delegated dispensing permittees.Source  Laws 1994, LB 900,  29;  Laws 1996, LB 1044,  469;  Laws 1998, LB 1073,  82;  Laws 2001, LB 398,  63;   R.S.1943, (2003),  71-1,147.59;  Laws 2007, LB296,  354;  Laws 2007, LB463,  985;  Laws 2009, LB154,  7. 
38-2890.  Pharmacy technicians; registration; requirements; certification.(1) All pharmacy technicians employed by a health care facility licensed under the Health Care Facility Licensure Act shall be registered with the Pharmacy Technician Registry created in section 38-2893. In order to be employed as a pharmacy technician in such a health care facility, a pharmacy technician (a) shall be certified by a state or national certifying body which is approved by the board (i) by January 1, 2017, if he or she was registered with the Pharmacy Technician Registry on January 1, 2016, or (ii) within one year after being registered with the Pharmacy Technician Registry, if he or she was so registered after January 1, 2016, and (b) upon being so certified, shall maintain current certification during the time he or she is so registered.(2) To register as a pharmacy technician, an individual shall (a) be at least eighteen years of age, (b) be a high school graduate or be officially recognized by the State Department of Education as possessing the equivalent degree of education, (c) have never been convicted of any nonalcohol, drug-related misdemeanor or felony, (d) file an application with the Division of Public Health of the Department of Health and Human Services, and (e) pay the applicable fee.Source  Laws 2007, LB236,  31;   R.S.Supp.,2007,  71-1,147.65;  Laws 2015, LB37,  51;  Laws 2016, LB680,  1.  Cross References   Credentialing, general requirements and issuance procedures, see section 38-121 et seq.  Health Care Facility Licensure Act, see section 71-401. 
38-2891.01.  Pharmacy technician; validate acts, tasks, and functions of pharmacy technician; policies and procedures.(1) A pharmacy technician may validate the acts, tasks, and functions of another pharmacy technician only if:(a) Both pharmacy technicians are certified by a state or national certifying body which is approved by the board;(b) Both certified pharmacy technicians are working within the confines of a hospital preparing medications for administration in the hospital;(c) Using bar code technology, radio frequency identification technology, or similar technology to validate the accuracy of medication;(d) Validating medication that is prepackaged by the manufacturer or prepackaged and verified by a pharmacist; and(e) Acting in accordance with policies and procedures applicable in the hospital established by the pharmacist in charge.(2) The pharmacist in charge in a hospital shall establish policies and procedures for validation of medication by two or more certified pharmacy technicians before such validation process is implemented in the hospital.Source Laws 2019, LB74,  5. 
38-2891.  Pharmacy technicians; authorized tasks.(1) A pharmacy technician shall only perform tasks which do not require the professional judgment of a pharmacist and which are subject to verification to assist a pharmacist in the practice of pharmacy.(2) The functions and tasks which shall not be performed by pharmacy technicians include, but are not limited to:(a) Receiving oral medical orders from a practitioner or his or her agent except as otherwise provided in subsection (4) of section 38-2870;(b) Providing patient counseling;(c) Performing any evaluation or necessary clarification of a medical order or performing any functions other than strictly clerical functions involving a medical order;(d) Supervising or verifying the tasks and functions of pharmacy technicians;(e) Interpreting or evaluating the data contained in a patient's record maintained pursuant to section 38-2869;(f) Releasing any confidential information maintained by the pharmacy;(g) Performing any professional consultations; and(h) Drug product selection, with regard to an individual medical order, in accordance with the Nebraska Drug Product Selection Act.(3) The director shall, with the recommendation of the board, waive any of the limitations in subsection (2) of this section for purposes of a scientific study of the role of pharmacy technicians approved by the board. Such study shall be based upon providing improved patient care or enhanced pharmaceutical care. Any such waiver shall state the length of the study and shall require that all study data and results be made available to the board upon the completion of the study. Nothing in this subsection requires the board to approve any study proposed under this subsection.Source  Laws 2007, LB236,  32;   R.S.Supp.,2007,  71-1,147.66;  Laws 2007, LB247,  82;  Laws 2018, LB731,  75;  Laws 2021, LB583,  6.  Cross References  Nebraska Drug Product Selection Act, see section 38-28,108.
38-2892.  Pharmacy technicians; responsibility for supervision and performance.(1) The pharmacist in charge of a pharmacy, remote dispensing pharmacy, or hospital pharmacy employing pharmacy technicians shall be responsible for the supervision and performance of the pharmacy technicians.(2) Except as otherwise provided in the Automated Medication Systems Act, the supervision of pharmacy technicians at a pharmacy shall be performed by the pharmacist who is on duty in the facility with the pharmacy technicians or located in pharmacies that utilize a real-time, online database and have a pharmacist in all pharmacies. The supervision of pharmacy technicians at a remote dispensing pharmacy or hospital pharmacy shall be performed by the pharmacist assigned by the pharmacist in charge to be responsible for the supervision and verification of the activities of the pharmacy technicians.Source  Laws 2007, LB236,  33;   R.S.Supp.,2007,  71-1,147.67;  Laws 2015, LB37,  52;  Laws 2017, LB166,  17;  Laws 2018, LB731,  76.  Cross References  Automated Medication Systems Act, see section 71-2444.
38-2893.  Pharmacy Technician Registry; created; contents.(1) The Pharmacy Technician Registry is created. The department shall list each pharmacy technician registration in the registry. A listing in the registry shall be valid for the term of the registration and upon renewal unless such listing is refused renewal or is removed as provided in section 38-2894.(2) The registry shall contain the following information on each individual who meets the conditions set out in section 38-2890: (a) The individual's full name; (b) information necessary to identify the individual; and (c) any other information as the department may require by rule and regulation.Source  Laws 2007, LB236,  34;   R.S.Supp.,2007,  71-1,147.68;  Laws 2009, LB288,  2. 
38-2894.  Pharmacy technician; registration; disciplinary measures; procedure; Licensee Assistance Program; participation.(1) A registration to practice as a pharmacy technician may be denied, refused renewal, removed, or suspended or have other disciplinary measures taken against it by the department, with the recommendation of the board, for failure to meet the requirements of or for violation of any of the provisions of subdivisions (1) through (18) and (20) through (26) of section 38-178 and sections 38-2890 to 38-2897 or the rules and regulations adopted under such sections.(2) If the department proposes to deny, refuse renewal of, or remove or suspend a registration, it shall send the applicant or registrant a notice setting forth the action to be taken and the reasons for the determination. The denial, refusal to renew, removal, or suspension shall become final thirty days after mailing the notice unless the applicant or registrant gives written notice to the department of his or her desire for an informal conference or for a formal hearing.(3) Notice may be served by any method specified in section 25-505.01, or the department may permit substitute or constructive service as provided in section 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in section 25-505.01.(4) Pharmacy technicians may participate in the Licensee Assistance Program described in section 38-175.Source  Laws 2007, LB236,  35;   R.S.Supp.,2007,  71-1,147.69;  Laws 2007, LB247,  83;  Laws 2009, LB288,  3;  Laws 2019, LB449,  5;  Laws 2022, LB752,  23.   Effective Date: July 21, 2022  
38-2895.  Pharmacy technician; discipline against supervising pharmacist; enforcement orders.(1) If a pharmacy technician performs functions requiring professional judgment and licensure as a pharmacist or performs functions without supervision and verification and such acts are known to the pharmacist supervising the pharmacy technician or the pharmacist in charge or are of such a nature that they should have been known to a reasonable person, such acts may be considered acts of unprofessional conduct on the part of the pharmacist supervising the pharmacy technician or the pharmacist in charge pursuant to section 38-178, and disciplinary measures may be taken against such pharmacist supervising the pharmacy technician or the pharmacist in charge pursuant to the Uniform Credentialing Act.(2) Acts described in subsection (1) of this section may be grounds for the department, with the recommendation of the board, to apply to the district court in the judicial district in which the pharmacy is located for an order to cease and desist from the performance of any unauthorized acts. On or at any time after such application the court may, in its discretion, issue an order restraining such pharmacy or its agents or employees from the performance of unauthorized acts. After a hearing the court shall either grant or deny the application. Such order shall continue until the court, after a hearing, finds the basis for such order has been removed.Source  Laws 2007, LB236,  36;   R.S.Supp.,2007,  71-1,147.70;  Laws 2007, LB247,  84;  Laws 2015, LB37,  53.  
38-2896.  Pharmacy technician; reapplication for registration; lifting of disciplinary sanction.A person whose registration has been denied, refused renewal, removed, or suspended from the Pharmacy Technician Registry may reapply for registration or for lifting of the disciplinary sanction at any time in accordance with the rules and regulations adopted and promulgated by the department.Source  Laws 2007, LB236,  37;   R.S.Supp.,2007,  71-1,147.71. 
38-2897.  Duty to report impaired practitioner; immunity.(1) The requirement to file a report under subsection (1) of section 38-1,125 shall not apply to pharmacist interns or pharmacy technicians, except that a pharmacy technician shall, within thirty days after having first-hand knowledge of facts giving him or her reason to believe that any person in his or her profession, or any person in another profession under the regulatory provisions of the department, may be practicing while his or her ability to practice is impaired by alcohol, controlled substances, or narcotic drugs, report to the department in such manner and form as the department may require. A report made to the department under this section shall be confidential. The identity of any person making such report or providing information leading to the making of such report shall be confidential.(2) A pharmacy technician making a report to the department under this section, except for self-reporting, shall be completely immune from criminal or civil liability of any nature, whether direct or derivative, for filing a report or for disclosure of documents, records, or other information to the department under this section. The immunity granted under this section shall not apply to any person causing damage or injury by his or her willful, wanton, or grossly negligent act of commission or omission.(3) A report submitted by a professional liability insurance company on behalf of a credential holder within the thirty-day period prescribed in this section shall be sufficient to satisfy the credential holder's reporting requirement under this section.(4) Persons who are members of committees established under the Health Care Quality Improvement Act, the Patient Safety Improvement Act, or section 25-12,123 or witnesses before such committees shall not be required to report under this section. Any person who is a witness before such a committee shall not be excused from reporting matters of first-hand knowledge that would otherwise be reportable under this section only because he or she attended or testified before such committee.(5) Documents from original sources shall not be construed as immune from discovery or use in actions under this section.Source  Laws 2007, LB236,  38;   R.S.Supp.,2007,  71-1,147.72;  Laws 2017, LB166,  18.  Cross References   Health Care Quality Improvement Act, see section 71-7904.  Patient Safety Improvement Act, see section 71-8701. 
38-2898.  Fees.The department shall establish and collect fees for credentialing under the Pharmacy Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  988. 
38-2899.  Rules and regulations.The department, with the recommendation of the board, shall adopt and promulgate rules and regulations as deemed necessary to implement the Mail Service Pharmacy Licensure Act, the Pharmacy Practice Act, and the Uniform Controlled Substances Act. The minimum standards and requirements for the practice of pharmacy, including dispensing pursuant to a delegated dispensing permit, shall be consistent with the minimum standards and requirements established by the department for pharmacy licenses under the Health Care Facility Licensure Act.Source  Laws 2001, LB 398,  27;  Laws 2003, LB 667,  4;  Laws 2005, LB 538,  20;   R.S.Supp.,2006,  71-1,148;  Laws 2007, LB463,  989;  Laws 2015, LB37,  54.  Cross References   Health Care Facility Licensure Act, see section 71-401.  Mail Service Pharmacy Licensure Act, see section 71-2406.  Uniform Controlled Substances Act, see section 28-401.01. 
38-2901.  Act, how cited.Sections 38-2901 to 38-2929 shall be known and may be cited as the Physical Therapy Practice Act.Source  Laws 2006, LB 994,  118;   R.S.Supp.,2006,  71-1,362;  Laws 2007, LB463,  994. 
38-2902.  Purpose of act.The purpose of the Physical Therapy Practice Act is to update and recodify statutes relating to the practice of physical therapy. Nothing in the act shall be construed to expand the scope of practice of physical therapy as it existed prior to July 14, 2006.Source  Laws 2006, LB 994,  119;   R.S.Supp.,2006,  71-1,363;  Laws 2007, LB463,  995. 
38-2903.  Definitions, where found.For purposes of the Physical Therapy Practice Act, the definitions found in sections 38-2904 to 38-2918 apply.Source  Laws 2006, LB 994,  120;   R.S.Supp.,2006,  71-1,364;  Laws 2007, LB463,  996. 
38-2904.  Approved educational program, defined.Approved educational program means a program for the education and training of physical therapists and physical therapist assistants approved by the board pursuant to section 38-2926.Source  Laws 2006, LB 994,  121;   R.S.Supp.,2006,  71-1,365;  Laws 2007, LB463,  997. 
38-2905.  Board, defined.Board means the Board of Physical Therapy.Source  Laws 2006, LB 994,  122;   R.S.Supp.,2006,  71-1,366;  Laws 2007, LB463,  998. 
38-2906.  Direct supervision, defined.Direct supervision means supervision in which the supervising practitioner is physically present and immediately available and does not include supervision provided by means of telecommunication.Source  Laws 2006, LB 994,  124;   R.S.Supp.,2006,  71-1,368;  Laws 2007, LB463,  999. 
38-2907.  Evaluation, defined.Evaluation means the process of making clinical judgments based on data gathered from examination of a patient.Source  Laws 2006, LB 994,  125;   R.S.Supp.,2006,  71-1,369;  Laws 2007, LB463,  1000. 
38-2908.  General supervision, defined.General supervision means supervision either onsite or by means of telecommunication.Source  Laws 2006, LB 994,  126;   R.S.Supp.,2006,  71-1,370;  Laws 2007, LB463,  1001. 
38-2909.  Jurisdiction of the United States, defined.Jurisdiction of the United States means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any American territory.Source  Laws 2006, LB 994,  127;   R.S.Supp.,2006,  71-1,371;  Laws 2007, LB463,  1002. 
38-2910.  Mobilization or manual therapy, defined.Mobilization or manual therapy means a group of techniques comprising a continuum of skilled passive movements to the joints or related soft tissues, or both, throughout the normal physiological range of motion that are applied at varying speeds and amplitudes, without limitation.Source  Laws 2006, LB 994,  128;   R.S.Supp.,2006,  71-1,372;  Laws 2007, LB463,  1003. 
38-2911.  Non-treatment-related tasks, defined.Non-treatment-related tasks means clerical, housekeeping, facility maintenance, or patient transportation services related to the practice of physical therapy.Source  Laws 2006, LB 994,  129;   R.S.Supp.,2006,  71-1,373;  Laws 2007, LB463,  1004. 
38-2912.  Physical therapist, defined.Physical therapist means a person licensed to practice physical therapy under the Physical Therapy Practice Act.Source  Laws 2006, LB 994,  130;   R.S.Supp.,2006,  71-1,374;  Laws 2007, LB463,  1005. 
38-2913.  Physical therapist assistant, defined.Physical therapist assistant means a person certified as a physical therapist assistant under the Physical Therapy Practice Act.Source  Laws 2006, LB 994,  131;   R.S.Supp.,2006,  71-1,375;  Laws 2007, LB463,  1006. 
38-2914.  Physical therapy or physiotherapy, defined.Physical therapy or physiotherapy means:(1) Examining, evaluating, and testing individuals with mechanical, physiological, and developmental impairments, functional limitations, and disabilities or other conditions related to health and movement and, through analysis of the evaluative process, developing a plan of therapeutic intervention and prognosis while assessing the ongoing effects of the intervention;(2) Alleviating impairment, functional limitation, or disabilities by designing, implementing, or modifying therapeutic interventions which may include any of the following: Therapeutic exercise; functional training in home, community, or work integration or reintegration related to physical movement and mobility; therapeutic massage; mobilization or manual therapy; recommendation, application, and fabrication of assistive, adaptive, protective, and supportive devices and equipment; airway clearance techniques; integumentary protection techniques; nonsurgical debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; and patient-related instruction; but which does not include the making of a medical diagnosis;(3) Purchasing, storing, and administering topical and aerosol medication in compliance with applicable rules and regulations of the Board of Pharmacy regarding the storage of such medication;(4) Reducing the risk of injury, impairment, functional limitation, or disability, including the promotion and maintenance of fitness, health, and wellness; and(5) Engaging in administration, consultation, education, and research.Source  Laws 2006, LB 994,  132;   R.S.Supp.,2006,  71-1,376;  Laws 2007, LB463,  1007. 
38-2915.  Physical therapy aide, defined.Physical therapy aide means a person who is trained under the direction of a physical therapist and who performs treatment-related and non-treatment-related tasks.Source  Laws 2006, LB 994,  133;   R.S.Supp.,2006,  71-1,377;  Laws 2007, LB463,  1008. 
38-2916.  Student, defined.Student means a person enrolled in an approved educational program.Source  Laws 2006, LB 994,  134;   R.S.Supp.,2006,  71-1,378;  Laws 2007, LB463,  1009. 
38-2917.  Testing, defined.Testing means standard methods and techniques used to gather data about a patient. Testing includes surface electromyography and, subject to approval of the board, fine wire electromyography. Testing excludes diagnostic needle electromyography.Source  Laws 2006, LB 994,  135;   R.S.Supp.,2006,  71-1,379;  Laws 2007, LB463,  1010. 
38-2918.  Treatment-related tasks, defined.Treatment-related tasks means activities related to the practice of physical therapy that do not require the clinical decisionmaking of a physical therapist or the clinical problem solving of a physical therapist assistant.Source  Laws 2006, LB 994,  136;   R.S.Supp.,2006,  71-1,380;  Laws 2007, LB463,  1011. 
38-2919.  License or certificate required.(1) No person may practice physical therapy, hold oneself out as a physical therapist or physiotherapist, or use the abbreviation PT in this state without being licensed by the department. No person may practice as a physical therapist assistant, hold oneself out as a physical therapist assistant, or use the abbreviation PTA in this state without being certified by the department.(2) A physical therapist may use the title physical therapist or physiotherapist and the abbreviation PT in connection with his or her name or place of business. A physical therapist assistant may use the title physical therapist assistant and the abbreviation PTA in connection with his or her name.(3) No person who offers or provides services to another or bills another for services shall characterize such services as physical therapy or physiotherapy unless such services are provided by a physical therapist or a physical therapist assistant acting under the general supervision of a physical therapist.Source  Laws 2006, LB 994,  137;   R.S.Supp.,2006,  71-1,381;  Laws 2007, LB463,  1012. 
38-2920.  Exemptions.The following classes of persons shall not be construed to be engaged in the unauthorized practice of physical therapy:(1) A member of another profession who is credentialed by the department and who is acting within the scope of practice of his or her profession;(2) A student in an approved educational program who is performing physical therapy or related services within the scope of such program and under the direct supervision of a physical therapist;(3) A person practicing physical therapy or as a physical therapist assistant in this state who serves in the armed forces of the United States or the United States Public Health Service or who is employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;(4) A person credentialed to practice physical therapy or as a physical therapist assistant in another jurisdiction of the United States or in another country who is teaching physical therapy or demonstrating or providing physical therapy or related services in connection with an educational program in this state;(5) A person credentialed to practice physical therapy in another jurisdiction of the United States or in another country who, by contract or employment, is providing physical therapy or related services in this state to individuals affiliated with established athletic teams, athletic organizations, or performing arts companies while such teams, organizations, or companies are present and temporarily practicing, competing, or performing in this state; or(6) A person employed by a school district, educational service unit, or other public or private educational institution or entity serving prekindergarten through twelfth grade students who is providing personal assistance services, including mobility and transfer activities, such as assisting with ambulation with and without aids; positioning in adaptive equipment; application of braces; encouraging active range-of-motion exercises; assisting with passive range-of-motion exercises; assisting with transfers with or without mechanical devices; and such other personal assistance services based on individual needs as are suitable to providing an appropriate educational program.Source  Laws 2006, LB 994,  138;   R.S.Supp.,2006,  71-1,382;  Laws 2007, LB463,  1013. 
38-2921.  Physical therapy; license; qualifications.Every applicant for a license to practice physical therapy shall:(1) Present proof of completion of an approved educational program;(2) In the case of an applicant who has been trained as a physical therapist in a foreign country, (a) present documentation of completion of a course of professional instruction substantially equivalent to an approved program accredited by the Commission on Accreditation in Physical Therapy Education or by an equivalent accrediting agency as determined by the board and (b) present proof of proficiency in the English language; and(3) Successfully complete an examination approved by the department, with the recommendation of the board.Source   Laws 1957, c. 298,  3, p. 1075;  Laws 1988, LB 1100,  140;  Laws 1990, LB 1064,  16;  Laws 1999, LB 828,  169;   R.S.1943, (2003),  71-2803;  Laws 2006, LB 994,  139;   R.S.Supp.,2006,  71-1,383;  Laws 2007, LB463,  1014. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2922.  Physical therapist assistant; certificate; qualifications.Every applicant for a certificate to practice as a physical therapist assistant shall:(1) Present proof of completion of an approved educational program; and(2) Successfully complete an examination approved by the department, with the recommendation of the board.Source  Laws 2006, LB 994,  140;   R.S.Supp.,2006,  71-1,384;  Laws 2007, LB463,  1015. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-2923.  Applicant; continuing competency requirements.An applicant for licensure to practice as a physical therapist who has met the education and examination requirements in section 38-2921 or to practice as a physical therapist assistant who has met the education and examination requirements in section 38-2922, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.Source Laws 2007, LB463,  1016. 
38-2924.  Applicant; reciprocity; continuing competency requirements; military spouse; temporary license.(1) An applicant for licensure to practice as a physical therapist or to practice as a physical therapist assistant who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  1017;  Laws 2017, LB88,  87.  
38-2925.  Fees.The department shall establish and collect fees for credentialing activities as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  1018. 
38-2926.  Approved program for education and training.The board may approve programs for physical therapy or physical therapist assistant education and training. Such approval may be based on the program's accreditation by the Commission on Accreditation in Physical Therapy Education or equivalent standards established by the board.Source   Laws 1957, c. 298,  4, p. 1076;  Laws 1988, LB 1100,  142;  Laws 1999, LB 828,  170;  Laws 2001, LB 209,  28;   R.S.1943, (2003),  71-2804;  Laws 2006, LB 994,  144;   R.S.Supp.,2006,  71-1,388;  Laws 2007, LB463,  1019. 
38-2927.  Physical therapist assistant; perform physical therapy services; when; limitations; supervising physical therapist; powers and duties.(1) A physical therapist assistant may perform physical therapy services under the general supervision of a physical therapist, except that no physical therapist assistant shall perform the following:(a) Interpretation of physician referrals;(b) Development of a plan of care;(c) Initial evaluations or reevaluation of patients;(d) Readjustment of a plan of care without consultation with the supervising physical therapist; or(e) Discharge planning for patients.(2) A physical therapist may provide general supervision for no more than two physical therapist assistants. A physical therapist shall not establish a satellite office at which a physical therapist assistant provides care without the general supervision of the physical therapist.(3) A physical therapist shall reevaluate or reexamine on a regular basis each patient receiving physical therapy services from a physical therapist assistant under the general supervision of the physical therapist.(4) A supervising physical therapist and the physical therapist assistant under general supervision shall review the plan of care on a regular basis for each patient receiving physical therapy services from the physical therapist assistant.(5) A physical therapist assistant may document physical therapy services provided by the physical therapist assistant without the signature of the supervising physical therapist.(6) A physical therapist assistant may act as a clinical instructor for physical therapist assistant students in an approved educational program.Source  Laws 1979, LB 355,  3;   R.S.1943, (2003),  71-2810;  Laws 2006, LB 994,  141;   R.S.Supp.,2006,  71-1,385;  Laws 2007, LB463,  1020. 
38-2928.  Physical therapist; duties.(1) For each patient under his or her care, a physical therapist shall:(a) Be responsible for managing all aspects of physical therapy services provided to the patient and assume legal liability for physical therapy and related services provided under his or her supervision;(b) Provide an initial evaluation and documentation of the evaluation;(c) Provide periodic reevaluation and documentation of the reevaluation;(d) Provide documentation for discharge, including the patient's response to therapeutic intervention at the time of discharge; and(e) Be responsible for accurate documentation and billing for services provided.(2) For each patient under his or her care on each date physical therapy services are provided to such patient, a physical therapist shall:(a) Provide all therapeutic interventions that require the expertise of a physical therapist; and(b) Determine the appropriate use of physical therapist assistants or physical therapy aides.Source  Laws 2006, LB 994,  142;   R.S.Supp.,2006,  71-1,386;  Laws 2007, LB463,  1021. 
38-2929.  Physical therapy aide; authorized activities.A physical therapy aide may perform treatment-related and non-treatment-related tasks under the supervision of a physical therapist or a physical therapist assistant.Source  Laws 2006, LB 994,  143;   R.S.Supp.,2006,  71-1,387;  Laws 2007, LB463,  1022. 
38-3001.  Act, how cited.Sections 38-3001 to 38-3014 shall be known and may be cited as the Podiatry Practice Act.Source  Laws 2007, LB463,  1023;  Laws 2020, LB755,  18.  
38-3002.  Definitions, where found.For purposes of the Podiatry Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3003 to 38-3005.02 apply.Source  Laws 2007, LB463,  1024;  Laws 2020, LB755,  19.  
38-3003.  Board, defined.Board means the Board of Podiatry.Source Laws 2007, LB463,  1025. 
38-3004.  Podiatrist, defined.Podiatrist means a physician of the foot, ankle, and related governing structures.Source Laws 2007, LB463,  1026. 
38-3005.01.  Supervising podiatrist, defined.Supervising podiatrist means a licensed podiatrist who supervises a physician assistant under a collaborative agreement.Source Laws 2020, LB755,  20. 
38-3005.02.  Supervision, defined.Supervision means the ready availability of the supervising podiatrist for consultation and collaboration on the activities of the physician assistant.Source Laws 2020, LB755,  21. 
38-3005.  Practice of podiatry, defined.Practice of podiatry means the diagnosis or medical, physical, or surgical treatment of the ailments of the human foot, ankle, and related governing structures except (1) the amputation of the forefoot, (2) the general medical treatment of any systemic disease causing manifestations in the foot, and (3) the administration of anesthetics other than local.Source Laws 2007, LB463,  1027. 
38-3006.  Practice of podiatry.The following persons shall be deemed to be practicing podiatry: Persons who publicly profess to be podiatrists or who publicly profess to assume the duties incident to the practice of podiatry.Source   Laws 1927, c. 167,  72, p. 473;   C.S.1929,  71-1001;   R.S.1943,  71-173;   Laws 1947, c. 228,  1, p. 723;   Laws 1961, c. 337,  9, p. 1055;  Laws 1974, LB 778,  1;   Laws 1976, LB 25,  1;  Laws 1983, LB 541,  1;  Laws 2001, LB 25,  2;   R.S.1943, (2003),  71-173;  Laws 2007, LB463,  1028. 
38-3007.  Podiatry; practice; persons excepted.The Podiatry Practice Act shall not be construed to include (1) licensed physicians and surgeons or licensed osteopathic physicians, (2) physicians and surgeons who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment, (3) students who have not graduated from a school of podiatry and are enrolled in an approved and accredited school of podiatry when the services performed are a part of the course of study and are under the direct supervision of a licensed podiatrist, or (4) graduates of a school of podiatry currently enrolled in a postgraduate residency program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association.Source   Laws 1927, c. 167,  73, p. 473;   C.S.1929,  71-1002;   R.S.1943,  71-174;  Laws 1989, LB 342,  13;  Laws 1990, LB 1064,  10;  Laws 1995, LB 173,  1;   R.S.1943, (2003),  71-174;  Laws 2007, LB463,  1029. 
38-3008.  Podiatry; license; qualifications.Every applicant for an initial license to practice podiatry shall (1) present proof of graduation from a school of chiropody or podiatry approved by the board, (2) present proof of completion of a minimum one-year postgraduate residency program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association, (3) pass a written examination which consists of (a) parts I and II of the examination given by the National Board of Podiatric Medical Examiners and (b) the written examination approved by the Board of Podiatry, and (4) present proof satisfactory to the board that he or she, within two years immediately preceding the application for licensure, (a) has been in the active practice of the profession of podiatry under a license in another state or territory of the United States or the District of Columbia for a period of one year, (b) has completed at least one year of a postgraduate residency program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association, or (c) has completed continuing competency in podiatry approved by the board.Source   Laws 1927, c. 167,  74, p. 473;   C.S.1929,  71-1003;   R.S.1943,  71-175;   Laws 1961, c. 337,  10, p. 1055;   Laws 1967, c. 438,  5, p. 1351;  Laws 1988, LB 1100,  28;  Laws 1990, LB 1064,  11;  Laws 1995, LB 173,  2;  Laws 1999, LB 828,  61;  Laws 2003, LB 242,  33;   R.S.1943, (2003),  71-175;  Laws 2007, LB463,  1030. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-3009.  Fees.The department shall establish and collect fees for credentialing under the Podiatry Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  1031. 
38-301.  Act, how cited.Sections 38-301 to 38-321 shall be known and may be cited as the Alcohol and Drug Counseling Practice Act.Source Laws 2007, LB463,  152. 
38-3010.  Schools of podiatry; approval; requirements.No school of podiatry shall be approved by the board unless the school is accredited by the Council on Podiatric Medical Education of the American Podiatric Medical Association.Source   Laws 1927, c. 167,  75, p. 474;   C.S.1929,  71-1004;   R.S.1943,  71-176;   Laws 1947, c. 228,  2, p. 724;   Laws 1961, c. 337,  11, p. 1056;   Laws 1967, c. 438,  6, p. 1352;  Laws 1973, LB 52,  1;  Laws 1995, LB 173,  3;   R.S.1943, (2003),  71-176;  Laws 2007, LB463,  1032. 
38-3011.  Podiatry; surgery; restrictions.A podiatrist shall not perform surgery on the ankle other than in a licensed hospital or ambulatory surgical center, and a podiatrist who performs surgery on the ankle in a licensed hospital or ambulatory surgical center shall have successfully completed an advanced postdoctoral surgical residency program of at least one year's duration which is recognized as suitable for that purpose by the board.No podiatrist initially licensed in this state on or after September 1, 2001, shall perform surgery on the ankle unless such person has successfully completed an advanced postdoctoral surgical residency program of at least two years' duration which is recognized as suitable for that purpose by the board.Source  Laws 2001, LB 25,  3;   R.S.1943, (2003),  71-174.02;  Laws 2007, LB463,  1033. 
38-3012.  Employee of licensed podiatrist; radiography practices; requirements.(1) A person employed exclusively in the office or clinic of a licensed podiatrist shall not perform any of the functions described in section 38-1916 as a part of such employment unless the person is (a) licensed as a limited radiographer under the Medical Radiography Practice Act or (b) certified as provided in this section.(2) The department, with the recommendation of the board, may certify a person to perform medical radiography on the anatomical regions of the ankle and foot if such person (a) has completed a fifteen-hour course of instruction, approved by the board, on radiation hygiene and podiatric radiological practices, including radiation health and safety, lower extremity anatomy, physics, concepts, physiology, techniques, positioning, equipment maintenance, and minimization of radiation exposure, and (b) passed a competency examination approved by the board. A person who has not passed the competency examination after three attempts shall successfully complete a remedial course of instruction in medical radiography, approved by the board, prior to any further attempts to pass the competency examination.Source  Laws 1995, LB 406,  39;  Laws 1999, LB 828,  63;  Laws 2003, LB 245,  12;   R.S.1943, (2003),  71-176.01;  Laws 2007, LB463,  1034. Cross References  Medical Radiography Practice Act, see section 38-1901.
38-3013.  Physician assistants; services performed; collaborative agreement; supervision; requirements.Under a collaborative agreement with a supervising podiatrist, a physician assistant may perform services that (1) are delegated by and provided under the supervision of a licensed podiatrist who meets the requirements of section 38-3014, (2) are appropriate to the level of education, experience, and training of the physician assistant, (3) form a component of the supervising podiatrist's scope of practice, (4) are medical services for which the physician assistant has been prepared by education, experience, and training and that the physician assistant is competent to perform within the scope of practice of the supervising podiatrist, and (5) are not otherwise prohibited by law. A physician assistant shall have at least one supervising podiatrist for each employer.Source Laws 2020, LB755,  22. 
38-3014.  Physician assistants; supervision; supervising podiatrist; requirements; collaborative agreement.(1) To supervise a physician assistant, a podiatrist shall:(a) Be licensed to practice podiatry under the Podiatry Practice Act;(b) Have no restriction imposed by the board on such podiatrist's ability to supervise a physician assistant; and(c) Maintain a collaborative agreement with the physician assistant.(2) The podiatrist shall keep the collaborative agreement on file at the podiatrist's primary practice site, shall keep a copy of the collaborative agreement on file at each practice site where the physician assistant provides podiatry services, and shall make the collaborative agreement available to the board and the department upon request.(3) Supervision of a physician assistant by a supervising podiatrist shall be continuous but shall not require the physical presence of the supervising podiatrist at the time and place that the services are rendered. A physician assistant may render services in a setting that is geographically remote from the supervising podiatrist.(4) A supervising podiatrist may supervise no more than four physician assistants at any one time. The board may consider an application for waiver of this limit and may waive the limit upon a showing that the supervising podiatrist meets the minimum requirements for the waiver. The department may adopt and promulgate rules and regulations establishing minimum requirements for such waivers.Source Laws 2020, LB755,  23. 
38-302.  Definitions, where found.For purposes of the Alcohol and Drug Counseling Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-303 to 38-309 apply.Source  Laws 2004, LB 1083,  115;   R.S.Supp.,2006,  71-1,351;  Laws 2007, LB463,  153. 
38-303.  Alcohol and drug counseling, defined.Alcohol and drug counseling means providing or performing the core functions of an alcohol and drug counselor for remuneration.Source Laws 2007, LB463,  154. 
38-304.  Alcohol and drug counselor, defined.Alcohol and drug counselor means a person engaged in alcohol and drug counseling.Source Laws 2007, LB463,  155. 
38-305.  Alcohol or drug abuse, defined.Alcohol or drug abuse means the abuse of alcohol or other drugs which have significant mood or perception changing capacities, which are likely to be physiologically or psychologically addictive, and the use of which have negative physical, social, or psychological consequences.Source Laws 2007, LB463,  156. 
38-306.  Alcohol or drug dependence, defined.Alcohol or drug dependence means cognitive, behavioral, and psychological symptoms indicating the continued use of alcohol or other drugs despite significant alcohol or drug-related problems.Source Laws 2007, LB463,  157. 
38-307.  Alcohol or drug disorder, defined.Alcohol or drug disorder means a substance-related disorder as defined by the department in rules and regulations substantially similar with the definitions of the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders.Source Laws 2007, LB463,  158. 
38-308.  Board, defined.Board means the Board of Alcohol and Drug Counseling.Source Laws 2007, LB463,  159. 
38-309.  Core functions, defined.Core functions means the following twelve activities an alcohol and drug counselor performs in the role of counselor: Screening, intake, orientation, assessment, treatment planning, counseling (individual, group, and significant others), case management, crisis intervention, client education, referral, reports and record keeping, and consultation with other professionals in regard to client treatment and services.Source Laws 2007, LB463,  160. 
38-310.  Membership on board; qualifications.Membership on the board shall consist of seven professional members and two public members appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165. Three of the professional members shall be licensed alcohol and drug counselors who may also be licensed as psychologists or mental health practitioners, three of the professional members shall be licensed alcohol and drug counselors who are not licensed as psychologists or mental health practitioners, and one of the professional members shall be a psychiatrist, psychologist, or mental health practitioner.Source Laws 2007, LB463,  161. 
38-3101.  Act, how cited.Sections 38-3101 to 38-3133 shall be known and may be cited as the Psychology Practice Act.Source  Laws 2007, LB463,  1035;  Laws 2018, LB1034,  44.  
38-3102.  Definitions, where found.For purposes of the Psychology Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3103 to 38-3110 apply.Source  Laws 1994, LB 1210,  63;  Laws 1999, LB 366,  10;   R.S.1943, (2003),  71-1,206.01;  Laws 2007, LB463,  1036. 
38-3103.  Board, defined.Board means the Board of Psychology.Source  Laws 1994, LB 1210,  64;  Laws 1999, LB 828,  136;   R.S.1943, (2003),  71-1,206.02;  Laws 2007, LB463,  1037. 
38-3104.  Client or patient, defined.Client or patient means a recipient of psychological services within the context of a professional relationship. In the case of individuals with legal guardians, including minors and incompetent adults, the legal guardian shall also be considered a client or patient for decisionmaking purposes.Source  Laws 1994, LB 1210,  65;   R.S.1943, (2003),  71-1,206.03;  Laws 2007, LB463,  1038. 
38-3105.  Code of conduct, defined.Code of conduct means that set of regulatory rules of professional conduct which has been adopted by the board to protect the public welfare by providing rules that govern a professional's behavior in the professional relationship.Source  Laws 1994, LB 1210,  66;   R.S.1943, (2003),  71-1,206.04;  Laws 2007, LB463,  1039. 
38-3106.  Institution of higher education, defined.Institution of higher education means a university, professional school, or other institution of higher learning that:(1) In the United States, is accredited by an accrediting organization recognized by the United States Department of Education;(2) In Canada, holds a membership in the Association of Universities and Colleges of Canada; or(3) In other countries, is accredited by the respective official organization having such authority.Source  Laws 1994, LB 1210,  68;   R.S.1943, (2003),  71-1,206.06;  Laws 2007, LB463,  1040;  Laws 2021, LB528,  11.  
38-3107.  Mental and emotional disorder, defined.Mental and emotional disorder means a clinically significant behavioral or psychological syndrome or pattern that occurs in a person and is associated with present distress or disability or with significantly increased risk of suffering death, pain, disability, or an important loss of freedom. Such disorders may take many forms and have varying causes but must be considered a manifestation of behavioral, psychological, or biological dysfunction in the person. Reasonable descriptions of the kinds and degrees of mental and emotional disorders may be found in the revisions of accepted nosologies such as the International Classification of Diseases and the Diagnostic and Statistical Manual of Mental Disorders.Source  Laws 1994, LB 1210,  69;   R.S.1943, (2003),  71-1,206.07;  Laws 2007, LB463,  1041. 
38-3108.  Practice of psychology, defined.(1) Practice of psychology means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health.(2) The practice of psychology includes, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and psychophysiological and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorders, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness, accident, injury, or disability; psychoeducational evaluation, therapy, remediation, and consultation; and supervision of qualified individuals performing services specified in this section.(3) Psychological services may be rendered to individuals, families, groups, organizations, institutions, and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.Source  Laws 1994, LB 1210,  70;   R.S.1943, (2003),  71-1,206.08;  Laws 2007, LB463,  1042. 
38-3109.  Psychologist, defined.Psychologist means a person licensed to engage in the practice of psychology in this or another jurisdiction. The terms certified, registered, chartered, or any other term chosen by a jurisdiction to authorize the autonomous practice of psychology shall be considered equivalent terms.Source  Laws 1994, LB 1210,  71;   R.S.1943, (2003),  71-1,206.09;  Laws 2007, LB463,  1043. 
38-311.  Scope of practice.(1) The scope of practice for alcohol and drug counseling is the application of general counseling theories and treatment methods adapted to specific addiction theory and research for the express purpose of treating any alcohol or drug abuse, dependence, or disorder. The practice of alcohol and drug counseling consists of the following performance areas which encompass the twelve core functions: Clinical evaluation; treatment planning; counseling; education; documentation; and professional and ethical standards.(2) The performance area of clinical evaluation consists of screening and assessment of alcohol and drug problems, screening of other presenting problems for which referral may be necessary, and diagnosis of alcohol and drug disorders. Clinical evaluation does not include mental health assessment or treatment. An alcohol and drug counselor shall refer a person with co-occurring mental disorders unless such person is under the care of, or previously assessed or diagnosed by, an appropriate practitioner within a reasonable amount of time.(3) The performance area of treatment planning consists of case management, including implementing the treatment plan, consulting, and continuing assessment and treatment planning; referral; and client advocacy.(4) The performance area of counseling consists of individual counseling, group counseling, and family or significant other counseling.(5) The performance area of education consists of education for clients, family of clients, and the community.Source  Laws 2004, LB 1083,  116;   R.S.Supp.,2006,  71-1,352;  Laws 2007, LB463,  162. 
38-3110.  Representation as a psychologist, defined.Representation as a psychologist means that the person uses any title or description of services which incorporates the words psychology, psychological, or psychologist or which implies that he or she possesses expert qualification in any area of psychology or that the person offers to individuals or to groups of individuals services defined as the practice of psychology.Source  Laws 1994, LB 1210,  72;   R.S.1943, (2003),  71-1,206.10;  Laws 2007, LB463,  1044. 
38-3111.  Psychology; references; how construed.(1) Unless otherwise expressly stated, references to licensed psychologists in the Nebraska Mental Health Commitment Act, in the Psychology Practice Act, in the Sex Offender Commitment Act, and in section 44-513 means only psychologists licensed to practice psychology in this state under section 38-3114 or under similar provisions of the Psychology Interjurisdictional Compact and does not mean persons holding a special license under section 38-3116 or holding a provisional license under the Psychology Practice Act.(2) Any reference to a person certified to practice clinical psychology under the law in effect immediately prior to September 1, 1994, and any equivalent reference under the law of another jurisdiction, including, but not limited to, certified clinical psychologist, health care practitioner in psychology, or certified health care provider, shall be construed to refer to a psychologist licensed under the Uniform Credentialing Act except for persons licensed under section 38-3116 or holding a provisional license under the Psychology Practice Act.Source  Laws 1994, LB 1210,  76;  Laws 1999, LB 366,  12;  Laws 2006, LB 1199,  32;   R.S.Supp.,2006,  71-1,206.14;  Laws 2007, LB463,  1045;  Laws 2018, LB1034,  45.  Cross References   Nebraska Mental Health Commitment Act, see section 71-901.  Psychology Interjurisdictional Compact, see section 38-3901.  Sex Offender Commitment Act, see section 71-1201. 
38-3112.  Board; membership; qualifications.The board shall consist of five professional members and two public members appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165, except that two of the five years of experience for professional members may have been served in teaching or research.Source Laws 2007, LB463,  1046. 
38-3113.  Other practices and activities; act, how construed.Nothing in the Psychology Practice Act shall be construed to prevent:(1) The teaching of psychology, the conduct of psychological research, or the provision of psychological services or consultation to organizations or institutions if such teaching, research, or service does not involve the delivery or supervision of direct psychological services to individuals or groups of individuals who are themselves, rather than a third party, the intended beneficiaries of such services, without regard to the source or extent of payment for services rendered. Nothing in the act shall prevent the provision of expert testimony by psychologists who are otherwise exempted by the act. Persons holding a doctoral degree in psychology from an institution of higher education may use the title psychologist in conjunction with the activities permitted by this subdivision;(2) Members of other recognized professions that are licensed, certified, or regulated under the laws of this state from rendering services consistent with their professional training and code of ethics and within the scope of practice as set out in the statutes regulating their professional practice if they do not represent themselves to be psychologists;(3) Duly recognized members of the clergy from functioning in their ministerial capacity if they do not represent themselves to be psychologists or their services as psychological;(4) Persons who are certified as school psychologists by the State Board of Education from using the title school psychologist and practicing psychology as defined in the Psychology Practice Act if such practice is restricted to regular employment within a setting under the jurisdiction of the State Board of Education. Such individuals shall be employees of the educational setting and not independent contractors providing psychological services to educational settings; or(5) Any of the following persons from engaging in activities defined as the practice of psychology if they do not represent themselves by the title psychologist, if they do not use terms other than psychological trainee, psychological intern, psychological resident, or psychological assistant to refer to themselves, and if they perform their activities under the supervision and responsibility of a psychologist in accordance with the rules and regulations adopted and promulgated under the Psychology Practice Act:(a) A matriculated graduate student in psychology whose activities constitute a part of the course of study for a graduate degree in psychology at an institution of higher education;(b) An individual pursuing postdoctoral training or experience in psychology, including persons seeking to fulfill the requirements for licensure under the act; or(c) An individual with a master's degree in clinical, counseling, or educational psychology or an educational specialist degree in school psychology who administers and scores and may develop interpretations of psychological testing under the supervision of a psychologist. Such individuals shall be deemed to be conducting their duties as an extension of the legal and professional authority of the supervising psychologist and shall not independently provide interpretive information or treatment recommendations to clients or other health care professionals prior to obtaining appropriate supervision. The department, with the recommendation of the board, may adopt and promulgate rules and regulations governing the conduct and supervision of persons referred to in this subdivision, including the number of such persons that may be supervised by a licensed psychologist. Persons who have carried out the duties described in this subdivision as part of their employment in institutions accredited by the Department of Health and Human Services, the State Department of Education, or the Department of Correctional Services for a period of two years prior to September 1, 1994, may use the title psychologist associate in the context of their employment in such settings. Use of the title shall be restricted to duties described in this subdivision, and the title shall be used in its entirety. Partial or abbreviated use of the title and use of the title beyond what is specifically authorized in this subdivision shall constitute the unlicensed practice of psychology.Source  Laws 1994, LB 1210,  87;  Laws 1996, LB 1044,  475;  Laws 1999, LB 366,  13;   R.S.1943, (2003),  71-1,206.25;  Laws 2007, LB463,  1047. 
38-3114.  Applicant for license; qualifications.An applicant for licensure as a psychologist shall:(1) Possess a doctoral degree from a program of graduate study in professional psychology from an institution of higher education. The degree shall be obtained from a program of graduate study in psychology that meets the standards of accreditation adopted by the American Psychological Association. Any applicant from a doctoral program in psychology that does not meet such standards shall present a certificate of retraining from a program of respecialization that does meet such standards;(2) Prior to taking the examination, demonstrate that he or she has completed two years of supervised professional experience. One year of such experience shall be an internship meeting the standards of accreditation adopted by the American Psychological Association, and one year shall be supervised postdoctoral experience. The criteria for appropriate supervision shall be determined by the board. Postdoctoral experience shall be compatible with the knowledge and skills acquired during formal doctoral or postdoctoral education in accordance with professional requirements and relevant to the intended area of practice; and(3) Pass an examination. The board shall approve and the board or department shall administer examinations to qualified applicants on at least an annual basis. The board shall determine the subject matter and scope of the examination and shall require a written examination, an oral examination, or both a written examination and an oral examination of each candidate for licensure. The board may approve a national standardized examination and any examination developed by the board.Source  Laws 1994, LB 1210,  77;   R.S.1943, (2003),  71-1,206.15;  Laws 2007, LB463,  1048. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-3115.  Waiver of examination; when.The department may waive all or portions of the examination required by section 38-3114 (1) if a psychologist has been licensed in another jurisdiction and if the requirements for licensure in that jurisdiction are equal to or exceed the requirements for licensure in Nebraska, (2) for psychologists meeting the requirements of section 38-3117, or (3) for an applicant who is board-certified in an area of professional psychology by the American Board of Professional Psychology.Source  Laws 1994, LB 1210,  78;   R.S.1943, (2003),  71-1,206.16;  Laws 2007, LB463,  1049. 
38-3116.  Special license; supervisory relationship; application; contents; use of title; disclosure.(1) Any psychological practice that involves the diagnosis and treatment of major mental and emotional disorders by a person holding a special license shall be done under the supervision of a licensed psychologist as determined by the board. A psychologist holding a special license shall not supervise mental health practitioners or independently evaluate persons under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act.(2) An application for a supervisory relationship shall be submitted to the department. The application shall contain:(a) A general description of the supervisee's practice and the plan of supervision;(b) A statement by the supervisor that he or she has the necessary experience and training to supervise this area of practice; and(c) A statement by the supervisor that he or she accepts the legal and professional responsibility for the supervisee's practice with individuals having major mental and emotional disorders.(3) Psychologists practicing with special licenses may continue to use the title licensed psychologist but shall disclose supervisory relationships to clients or patients for whom supervision is required and to third-party payors when relevant. Psychologists who wish to continue supervisory relationships existing immediately prior to September 1, 1994, with qualified physicians may do so if a letter as described in this section as it existed prior to December 1, 2008, was received by the board within three months after September 1, 1994.Source  Laws 1994, LB 1210,  80;  Laws 1995, LB 406,  19;  Laws 1996, LB 1044,  474;  Laws 2006, LB 1199,  33;   R.S.Supp.,2006,  71-1,206.18;  Laws 2007, LB296,  358;  Laws 2007, LB463,  1050. Cross References   Credentialing, general requirements and issuance procedures, see section 38-121 et seq.  Nebraska Mental Health Commitment Act, see section 71-901.  Sex Offender Commitment Act, see section 71-1201. 
38-3117.  Applicant with prior experience; issuance of license; conditions.Notwithstanding section 38-3114, the department shall license an applicant who:(1) Has at least twenty years of licensure to practice psychology in a United States or Canadian jurisdiction when the license was based on a doctoral degree;(2) Has had no disciplinary sanction during the entire period of licensure; and(3) Has passed the Nebraska board-developed examination.Source  Laws 1994, LB 1210,  82;   R.S.1943, (2003),  71-1,206.20;  Laws 2007, LB463,  1051. 
38-3118.  Reciprocal license; conditions.Notwithstanding section 38-3114, the department may issue a license as a psychologist to any individual who qualifies for such a license pursuant to an agreement of reciprocity entered into by the department, with the recommendation of the board, with the board or boards of another jurisdiction or multiple jurisdictions.Source  Laws 1994, LB 1210,  83;   R.S.1943, (2003),  71-1,206.21;  Laws 2007, LB463,  1052. 
38-3119.  Temporary practice permitted; when.Nothing in the Psychology Practice Act shall be construed to prohibit the practice of psychology in this state by a person holding a doctoral degree in psychology from an institution of higher education who is licensed as a psychologist under the laws of another jurisdiction if the requirements for a license in the other jurisdiction are equal to or exceed the requirements for licensure in Nebraska and if the person provides no more than an aggregate of thirty days of professional services as a psychologist per year as defined in the rules and regulations. Psychologists practicing under this section shall notify the department of the nature and location of their practice and provide evidence of their licensure in another jurisdiction.Upon determination that the applicant has met the requirements of this section, the department shall issue a letter permitting the practice. An individual's permission to practice under this section may be revoked if it is determined by the department that he or she has engaged in conduct defined as illegal, unprofessional, or unethical under the statutes, rules, or regulations governing the practice of psychology in Nebraska.Source  Laws 1994, LB 1210,  84;   R.S.1943, (2003),  71-1,206.22;  Laws 2007, LB463,  1053. 
38-312.  License required; exceptions.No person shall engage in alcohol and drug counseling or hold himself or herself out as an alcohol and drug counselor unless he or she is licensed for such purpose pursuant to the Uniform Credentialing Act, except that this section shall not be construed to prevent:(1) Qualified members of other professions who are credentialed by this state from practice of any alcohol and drug counseling consistent with the scope of practice of their respective professions;(2) Teaching or the conduct of research related to alcohol and drug counseling with organizations or institutions if such teaching, research, or consultation does not involve the delivery or supervision of alcohol and drug counseling to individuals or groups of individuals who are themselves, rather than a third party, the intended beneficiaries of such services;(3) The delivery of alcohol and drug counseling by:(a) Students, interns, or residents whose activities constitute a part of the course of study for medicine, psychology, nursing, school psychology, social work, clinical social work, counseling, marriage and family therapy, alcohol and drug counseling, compulsive gambling counseling, or other health care or mental health service professions; or(b) Individuals seeking to fulfill postgraduate requirements for licensure when those individuals are supervised by a licensed professional consistent with the applicable regulations of the appropriate professional board;(4) Duly recognized members of the clergy from providing alcohol and drug counseling in the course of their ministerial duties and consistent with the codes of ethics of their profession if they do not represent themselves to be alcohol and drug counselors;(5) The incidental exchange of advice or support by persons who do not represent themselves as engaging in alcohol and drug counseling, including participation in self-help groups when the leaders of such groups receive no compensation for their participation and do not represent themselves as alcohol and drug counselors or their services as alcohol and drug counseling;(6) Any person providing emergency crisis intervention or referral services; or(7) Staff employed in a program designated by an agency of state government to provide rehabilitation and support services to individuals with alcohol or drug disorders from completing a rehabilitation assessment or preparing, implementing, and evaluating an individual rehabilitation plan.Source  Laws 2004, LB 1083,  117;   R.S.Supp.,2006,  71-1,353;  Laws 2007, LB463,  163. 
38-3120.  Temporary practice pending licensure permitted; when; military spouse; temporary license.(1) A psychologist licensed under the laws of another jurisdiction may be authorized by the department to practice psychology for a maximum of one year if the psychologist has made application to the department for licensure and has met the educational and experience requirements for licensure in Nebraska, if the requirements for licensure in the former jurisdiction are equal to or exceed the requirements for licensure in Nebraska, and if the psychologist is not the subject of a past or pending disciplinary action in another jurisdiction. Denial of licensure shall terminate this authorization.(2) An applicant for licensure as a psychologist who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 1994, LB 1210,  85;   R.S.1943, (2003),  71-1,206.23;  Laws 2007, LB463,  1054;  Laws 2017, LB88,  88.  
38-3121.  Reciprocity.The department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to practice as a psychologist to a person who meets the requirements of the Psychology Practice Act or substantially equivalent requirements as determined by the department, with the recommendation of the board.Source Laws 2007, LB463,  1055. 
38-3122.  Provisional license; requirements.A person who needs to obtain the required one year of supervised postdoctoral experience in psychology pursuant to subdivision (2) of section 38-3114 shall obtain a provisional license to practice psychology. An applicant for a provisional license to practice psychology shall:(1) Have a doctoral degree from an institution of higher education in a program of graduate study in professional psychology that meets the standards of accreditation adopted by the American Psychological Association or its equivalent. If the program is not accredited by the American Psychological Association, it is the responsibility of the applicant to provide evidence of equivalence. Any applicant from a program that does not meet such standards shall present a certificate of retraining from a program of respecialization that does meet such standards;(2) Have completed one year of supervised professional experience in an internship as provided in subdivision (2) of section 38-3114;(3) Apply prior to beginning the year of registered supervised postdoctoral experience; and(4) Submit to the department:(a) An official transcript showing proof of a doctoral degree in psychology from an institution of higher education;(b) A certified copy of the applicant's birth certificate or other evidence of having attained the age of nineteen years; and(c) A registration of supervisory relationship pursuant to section 38-3116.Source  Laws 1999, LB 366,  1;   R.S.1943, (2003),  71-1,206.32;  Laws 2007, LB463,  1056. 
38-3123.  Provisional license; approve or deny application.The department shall approve or deny a complete application for a provisional license to practice psychology within one hundred fifty days after receipt of the application.Source  Laws 1999, LB 366,  2;   R.S.1943, (2003),  71-1,206.33;  Laws 2007, LB463,  1057. 
38-3124.  Provisional license; title; duties.A psychologist practicing with a provisional license shall use the title Provisionally Licensed Psychologist. A provisionally licensed psychologist shall disclose supervisory relationships to clients or patients for whom supervision is required and to third parties when relevant. A provisionally licensed psychologist shall not supervise other mental health professionals or independently evaluate persons under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act.Source  Laws 1999, LB 366,  3;  Laws 2006, LB 1199,  34;   R.S.Supp.,2006,  71-1,206.34;  Laws 2007, LB463,  1058. Cross References   Nebraska Mental Health Commitment Act, see section 71-901.  Sex Offender Commitment Act, see section 71-1201. 
38-3125.  Provisional license; expiration.A provisional license to practice psychology expires upon receipt of a license to practice psychology or two years after the date of issuance, whichever occurs first.Source  Laws 1999, LB 366,  4;   R.S.1943, (2003),  71-1,206.35;  Laws 2007, LB463,  1059. 
38-3126.  Fees.The department shall establish and collect fees for credentialing under the Psychology Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  1060. 
38-3127.  Additional grounds for disciplinary action.In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a credential subject to the Psychology Practice Act may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee fails to disclose the information required by section 38-3124.Source Laws 2007, LB463,  1061. 
38-3128.  Limitation of practice; board; duties.The board shall ensure through rules and regulations and enforcement that psychologists limit their practice to demonstrated areas of competence as documented by relevant professional education, training, and experience.Source  Laws 1994, LB 1210,  86;   R.S.1943, (2003),  71-1,206.24;  Laws 2007, LB463,  1062. 
38-3129.  Code of conduct.A psychologist and anyone under his or her supervision shall conduct his or her professional activities in conformity with the code of conduct.Source  Laws 1994, LB 1210,  88;   R.S.1943, (2003),  71-1,206.26;  Laws 2007, LB463,  1063. 
38-313.  License; application; provisional license.(1) A person may apply for a license as an alcohol and drug counselor if he or she meets the requirements provided in section 38-316.(2) A person may apply for a license as a provisional alcohol and drug counselor which permits such person to practice and acquire the supervised clinical work experience required for licensure as an alcohol and drug counselor. Provisional status may be granted once and held for a time period not to exceed six years, except that if an individual does not complete the supervised clinical work experience required for licensure within the specified six-year period due to unforeseen circumstances as determined by the department, with the recommendation of the board, the individual may apply for one additional provisional license. An individual who is so licensed shall not render services without clinical supervision. An individual who holds provisional licensure shall inform all clients that he or she holds a provisional certification and is practicing under supervision and shall identify the supervisor. An applicant shall meet the requirements provided in section 38-314.Source  Laws 2004, LB 1083,  118;   R.S.Supp.,2006,  71-1,354;  Laws 2007, LB463,  164. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-3130.  Representation as a psychologist; unlawful practice; violation; penalty.(1) It shall be a violation of the Psychology Practice Act for any person not licensed in accordance with the act to represent himself or herself as a psychologist. It shall be a violation of the act for any person not licensed in accordance with the act to engage in the practice of psychology whether practicing as an individual, firm, partnership, limited liability company, corporation, agency, or other entity.(2) Any person who represents himself or herself as a psychologist in violation of the act or who engages in the practice of psychology in violation of the act shall be guilty of a Class II misdemeanor. Each day of violation shall constitute a separate offense.(3) Any person filing or attempting to file, as his or her own, a diploma or license of another or a forged affidavit of identification shall be guilty of a Class IV felony.Source  Laws 1994, LB 1210,  89;  Laws 1999, LB 366,  14;   R.S.1943, (2003),  71-1,206.27;  Laws 2007, LB463,  1064. 
38-3131.  Confidentiality; privilege; exceptions.(1) The confidential relations and communications between psychologists and their clients and patients shall be on the same basis as those between physicians and their clients and patients as provided in section 27-504.(2) In judicial proceedings, whether civil, criminal, or juvenile, in legislative and administrative proceedings, and in proceedings preliminary and ancillary thereto, a client or patient, or his or her legal guardian or personal representative, may refuse to disclose or may prevent the disclosure of confidential information, including information contained in administrative records, communicated to a psychologist, or to a person reasonably believed by the client or patient to be a psychologist, or the psychologist's or person's agents, for the purpose of diagnosis, evaluation, or treatment of any mental and emotional disorder. In the absence of evidence to the contrary, the psychologist shall be presumed to be authorized to claim the privilege on the client's or patient's behalf.(3) This privilege may not be claimed by the client or patient, or on his or her behalf by authorized persons, in the following circumstances:(a) When abuse or harmful neglect of children, the elderly, or disabled or incompetent individuals is known or reasonably suspected;(b) When the validity of a will of a former client or patient of the psychologist is contested;(c) When such information is necessary for the psychologist to defend against a malpractice action brought by the client or patient;(d) When an immediate threat of physical violence against a readily identifiable victim is disclosed to the psychologist;(e) When an immediate threat of self-inflicted injury is disclosed to the psychologist;(f) When the client or patient, by alleging mental or emotional damages in litigation, puts his or her mental state in issue;(g) When the client or patient is examined pursuant to court order;(h) When the purpose of the proceeding is to substantiate and collect on a claim for mental or emotional health services rendered to the client or patient or any other cause of action arising out of the professional relationship; or(i) In the context of investigations and hearings brought by the client or patient and conducted by the department, when violations of the Psychology Practice Act are at issue.Source  Laws 1994, LB 1210,  91;  Laws 1999, LB 366,  16;   R.S.1943, (2003),  71-1,206.29;  Laws 2007, LB463,  1065. Annotations This section does not nullify the rule set forth in section 27-504(2)(a). In re Interest of Dennis W., 14 Neb. App. 827, 717 N.W.2d 488 (2006).
38-3132.  Duty to warn; limitation; immunity.(1) No monetary liability and no cause of action shall arise against any psychologist for failing to warn of and protect from a client's or patient's threatened violent behavior or failing to predict and warn of and protect from a client's or patient's violent behavior except when the client or patient has communicated to the psychologist a serious threat of physical violence against a reasonably identifiable victim or victims.(2) The duty to warn of or to take reasonable precautions to provide protection from violent behavior shall arise only under the limited circumstances specified in subsection (1) of this section. The duty shall be discharged by the psychologist if reasonable efforts are made to communicate the threat to the victim or victims and to a law enforcement agency.(3) No monetary liability and no cause of action shall arise against any person who is a psychologist for a confidence disclosed to third parties in an effort to discharge a duty arising under subsection (1) of this section in accordance with subsection (2) of this section.Source  Laws 1994, LB 1210,  92;   R.S.1943, (2003),  71-1,206.30;  Laws 2007, LB463,  1066. Annotations A psychologist is not liable for failing to warn of a patient's threatened violent behavior where the patient communicated a serious threat of physical violence to persons at random in a city with 300,000 or more inhabitants. Holloway v. State, 293 Neb. 12, 875 N.W.2d 435 (2016).
38-3133.  Administrator of Psychology Interjurisdictional Compact; duties.The chairperson of the board or his or her designee shall serve as the administrator of the Psychology Interjurisdictional Compact for the State of Nebraska. The administrator shall give notice of withdrawal to the executive heads of all other party states within thirty days after the effective date of any statute repealing the compact enacted by the Legislature pursuant to Article XIII of the compact.Source Laws 2018, LB1034,  46. Cross References  Psychology Interjurisdictional Compact, see section 38-3901.
38-314.  Provisional alcohol and drug counselor; license requirements.To be licensed to practice as a provisional alcohol and drug counselor, an applicant shall:(1) Have a high school diploma or its equivalent;(2) Have two hundred seventy hours of education related to the knowledge and skills of alcohol and drug counseling which shall include:(a) A minimum of forty-five hours in counseling theories and techniques coursework;(b) A minimum of forty-five hours in group counseling coursework;(c) A minimum of thirty hours in human growth and development coursework;(d) A minimum of fifteen hours in professional ethics and issues coursework;(e) A minimum of thirty hours in alcohol and drug assessment, case planning, and management coursework;(f) A minimum of thirty hours in multicultural counseling coursework;(g) A minimum of forty-five hours in medical and psychosocial aspects of alcohol and drug use, abuse, and addiction coursework; and(h) A minimum of thirty hours in clinical treatment issues in chemical dependency coursework; and(3) Have supervised practical training which shall:(a) Include performing a minimum of three hundred hours in the counselor core functions in a work setting where alcohol and drug counseling is provided;(b) Be a formal, systematic process that focuses on skill development and integration of knowledge;(c) Include training hours documented by performance date and core function performance areas; and(d) Include the performance of all counselor core functions with no single function performed less than ten hours.Source  Laws 2004, LB 1083,  119;   R.S.Supp.,2006,  71-1,355;  Laws 2007, LB463,  165. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-315.  Practical training supervisor; requirements; duties.(1)(a) The practical training supervisor for supervised practical training required under section 38-314 shall hold one of the following credentials:(i) Licensure as an alcohol and drug counselor;(ii) If the practical training is acquired outside of Nebraska, a reciprocity level alcohol and drug counselor credential issued by a member jurisdiction of the International Certification and Reciprocity Consortium, Alcohol and Other Drug Abuse, Inc., or its successor; or(iii) Licensure as a physician or psychologist under the Uniform Credentialing Act, or an equivalent credential from another jurisdiction, and sufficient training as determined by the Board of Medicine and Surgery for physicians or the Board of Psychologists for psychologists, in consultation with the Board of Alcohol and Drug Counseling, and adopted and promulgated by the department in rules and regulations.(b) The practical training supervisor shall not be a family member.(c) The credential requirement of this subsection applies to the work setting supervisor and not to a practicum coordinator or instructor of a postsecondary educational institution.(2) The practical training supervisor shall assume responsibility for the performance of the individual in training and shall be onsite at the work setting when core function activities are performed by the individual in training. A minimum of one hour of evaluative face-to-face supervision for each ten hours of core function performance shall be documented. Supervisory methods shall include, as a minimum, individual supervisory sessions, formal case staffings, and conjoint, cotherapy sessions. Supervision shall be directed towards teaching the knowledge and skills of professional alcohol and drug counseling.Source  Laws 2004, LB 1083,  120;  Laws 2005, LB 551,  1;   R.S.Supp.,2006,  71-1,356;  Laws 2007, LB463,  166. 
38-316.  Alcohol and drug counselor; license requirements.(1) To be licensed to practice as an alcohol and drug counselor, an applicant shall meet the requirements for licensure as a provisional alcohol and drug counselor under section 38-314, shall receive a passing score on an examination approved by the board, and shall have six thousand hours of supervised clinical work experience providing alcohol and drug counseling services to alcohol and other drug clients for remuneration. The experience shall be polydrug counseling experience.(2) The experience shall include carrying a client caseload as the primary alcohol and drug counselor performing the core functions of assessment, treatment planning, counseling, case management, referral, reports and record keeping, and consultation with other professionals for those clients. The experience shall also include responsibility for performance of the five remaining core functions although these core functions need not be performed by the applicant with each client in their caseload.(3) Experience that shall not count towards licensure shall include, but not be limited to:(a) Providing services to individuals who do not have a diagnosis of alcohol and drug abuse or dependence such as prevention, intervention, and codependency services or other mental health disorder counseling services, except that this shall not exclude counseling services provided to a client's significant others when provided in the context of treatment for the diagnosed alcohol or drug client; and(b) Providing services when the experience does not include primary case responsibility for alcohol or drug treatment or does not include responsibility for the performance of all of the core functions.(4) The maximum number of hours of experience that may be accrued are forty hours per week or two thousand hours per year.(5)(a) A postsecondary educational degree may be substituted for part of the supervised clinical work experience. The degree shall be from an accredited postsecondary educational institution or the educational program.(b) An associate's degree in addictions or chemical dependency may be substituted for one thousand hours of supervised clinical work experience.(c) A bachelor's degree with a major in counseling, addictions, social work, sociology, or psychology may be substituted for two thousand hours of supervised clinical work experience.(d) A master's degree or higher in counseling, addictions, social work, sociology, or psychology may be substituted for four thousand hours of supervised clinical work experience.(e) A substitution shall not be made for more than one degree.Source  Laws 2004, LB 1083,  121;   R.S.Supp.,2006,  71-1,357;  Laws 2007, LB463,  167;  Laws 2021, LB528,  6.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-317.  Clinical supervisor; requirements; duties.(1)(a) The clinical supervisor for supervised clinical work experience under section 38-316 shall hold one of the following credentials:(i) Licensure as an alcohol and drug counselor;(ii) If the clinical work is acquired outside of Nebraska, a reciprocity level alcohol and drug counselor credential issued by a member jurisdiction of the International Certification and Reciprocity Consortium, Alcohol and Other Drug Abuse, Inc., or its successor;(iii) The highest level alcohol and drug counselor credential issued by a jurisdiction that is not a member of the International Certification and Reciprocity Consortium, Alcohol and Other Drug Abuse, Inc., or its successor if the credential is based on education, experience, and examination that is substantially similar to the license issued in this state as determined by the board; or(iv) Licensure as a physician or psychologist under the Uniform Credentialing Act, or an equivalent credential from another jurisdiction, and sufficient training as determined by the Board of Medicine and Surgery for physicians or the Board of Psychologists for psychologists, in consultation with the Board of Alcohol and Drug Counseling, and adopted and promulgated by the department in rules and regulations.(b) The clinical supervisor shall be formally affiliated with the program or agency in which the work experience is gained.(c) The clinical supervisor shall not be a family member.(2) There shall be one hour of evaluative face-to-face clinical supervision for each forty hours of paid alcohol and drug counseling work experience. The format for supervision shall be either one-on-one or small group. Methods of supervision may include case review and discussion or direct observation of a counselor's clinical work.Source  Laws 2004, LB 1083,  122;  Laws 2005, LB 551,  2;   R.S.Supp.,2006,  71-1,358;  Laws 2007, LB463,  168. 
38-318.  Licensure; substitute requirements.(1) An individual who is licensed as a provisional alcohol and drug counselor at the time of application for licensure as an alcohol and drug counselor is deemed to have met the requirements of a high school diploma or its equivalent, the two hundred seventy hours of education related to alcohol and drug counseling, and the supervised practical training requirement.(2) An applicant who is licensed as a provisional mental health practitioner or a mental health practitioner or who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact at the time of application for licensure is deemed to have met the requirements of subdivisions (2)(a), (b), (c), (d), and (f) of section 38-314.Source  Laws 2004, LB 1083,  123;   R.S.Supp.,2006,  71-1,359;  Laws 2007, LB463,  169;  Laws 2022, LB752,  9.   Effective Date: July 21, 2022  Cross References  Licensed Professional Counselors Interstate Compact, see section 38-4201.
38-319.  Reciprocity; military spouse; temporary license. The department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to an individual who (1) meets the requirements of the Alcohol and Drug Counseling Practice Act, (2) meets substantially equivalent requirements as determined by the department, with the recommendation of the board, or (3) holds a license or certification that is current in another jurisdiction that authorizes the applicant to provide alcohol and drug counseling, has at least two hundred seventy hours of alcohol and drug counseling education, has at least three years of full-time alcohol and drug counseling practice following initial licensure or certification in the other jurisdiction, and has passed an alcohol and drug counseling examination. An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  170;  Laws 2017, LB88,  36;  Laws 2018, LB1034,  6.  
38-320.  Fees.The department shall establish and collect fees for initial licensure and renewal under the Alcohol and Drug Counseling Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  171. 
38-3201.  Act, how cited.Sections 38-3201 to 38-3216 shall be known and may be cited as the Respiratory Care Practice Act.Source Laws 2007, LB463,  1067. 
38-3202.  Definitions, where found.For purposes of the Respiratory Care Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3203 to 38-3206 apply.Source Laws 2007, LB463,  1068. 
38-3203.  Board, defined.Board means the Board of Respiratory Care Practice.Source Laws 2007, LB463,  1069. 
38-3204.  Medical director, defined.Medical director means a licensed physician who has the qualifications as described in section 38-3214.Source Laws 2007, LB463,  1070. 
38-3205.  Respiratory care, defined.Respiratory care means the health specialty responsible for the treatment, management, diagnostic testing, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. Respiratory care is not limited to a hospital setting and includes the therapeutic and diagnostic management and maintenance of medical gases, administering apparatus, humidification and aerosols, ventilatory management, postural drainage, chest physiotherapy and breathing exercises, cardiopulmonary resuscitation and rehabilitation, and maintenance and insertion of lines, drains, and artificial and nonartificial airways without cutting tissues. Respiratory care also includes the administration of all pharmacologic, diagnostic, and therapeutic agents for the treatment and diagnosis of cardiopulmonary disease for which the respiratory care practitioner has been professionally trained or has obtained advance education or certification, including specific testing techniques employed in respiratory care to assist in diagnosis, monitoring, treatment, and research of how specific cardiopulmonary disease affects the patient. Such techniques include management of ventilatory volumes, pressures, and flows, measurement of physiologic partial pressures, pulmonary function testing, hemodynamic insertion of lines, and related physiological monitoring of the cardiopulmonary system.Source  Laws 2007, LB463,  1071;  Laws 2022, LB752,  24.   Effective Date: July 21, 2022  
38-3206.  Respiratory care practitioner, defined.Respiratory care practitioner means:(1) Any person employed in the practice of respiratory care who has the knowledge and skill necessary to administer respiratory care to patients of all ages with varied cardiopulmonary diseases and to patients in need of critical care and who is capable of serving as a resource to the physician and other health professionals in relation to the technical aspects of respiratory care including effective and safe methods for administering respiratory care; and(2) A person capable of supervising, directing, or teaching less skilled personnel in the provision of respiratory care services.Source  Laws 1986, LB 277,  9;  Laws 1999, LB 828,  138;  Laws 2003, LB 242,  61;   R.S.1943, (2003),  71-1,227;  Laws 2007, LB463,  1072. 
38-3207.  Board; membership; qualifications.Membership on the board shall consist of two respiratory care practitioners, one physician, and one public member.Source Laws 2007, LB463,  1073. 
38-3208.  Practices not requiring licensure.The Respiratory Care Practice Act shall not prohibit:(1) The practice of respiratory care which is an integral part of the program of study by students enrolled in approved respiratory care education programs;(2) The gratuitous care, including the practice of respiratory care, of the ill by a friend or member of the family or by a person who is not licensed to practice respiratory care if such person does not represent himself or herself as a respiratory care practitioner;(3) The practice of respiratory care by nurses, physicians, physician assistants, physical therapists, or any other professional required to be licensed under the Uniform Credentialing Act when such practice is within the scope of practice for which that person is licensed to practice in this state;(4) The practice of any respiratory care practitioner of this state or any other state or territory while employed by the federal government or any bureau or division thereof while in the discharge of his or her official duties;(5) Techniques defined as pulmonary function testing and the administration of aerosol and inhalant medications to the cardiorespiratory system as it relates to pulmonary function technology administered by a registered pulmonary function technologist credentialed by the National Board for Respiratory Care or a certified pulmonary function technologist credentialed by the National Board for Respiratory Care; or(6) The performance of oxygen therapy or the initiation of noninvasive positive pressure ventilation by a registered polysomnographic technologist relating to the study of sleep disorders if such procedures are performed or initiated under the supervision of a licensed physician at a facility accredited by the American Academy of Sleep Medicine.Source  Laws 1986, LB 277,  17;  Laws 1997, LB 622,  83;  Laws 2003, LB 242,  64;  Laws 2003, LB 667,  5;   R.S.1943, (2003),  71-1,235;  Laws 2007, LB463,  1074;  Laws 2018, LB731,  78.  
38-3209.  License; application; requirements.(1) An applicant for a license to practice respiratory care shall submit to the department written evidence that the applicant has completed a respiratory care educational program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care or its successor or by an accrediting agency approved by the board.(2) In order to be licensed, initial applicants shall pass an examination approved by the board.Source  Laws 1986, LB 277,  13;  Laws 2002, LB 1062,  38;   R.S.1943, (2003),  71-1,231;  Laws 2007, LB463,  1075. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-321.  Rules and regulations.The department, with the recommendation of the board, shall adopt and promulgate rules and regulations to administer the Alcohol and Drug Counseling Practice Act, including rules and regulations governing:(1) Ways of clearly identifying students, interns, and other persons providing alcohol and drug counseling under supervision;(2) The rights of persons receiving alcohol and drug counseling;(3) The rights of clients to gain access to their records, except that records relating to substance abuse may be withheld from a client if an alcohol and drug counselor determines, in his or her professional opinion, that release of the records to the client would not be in the best interest of the client or would pose a threat to another person, unless the release of the records is required by court order;(4) The contents and methods of distribution of disclosure statements to clients of alcohol and drug counselors; and(5) Standards of professional conduct and a code of ethics.Source  Laws 2004, LB 1083,  125;   R.S.Supp.,2006,  71-1,361;  Laws 2007, LB463,  172;  Laws 2018, LB1034,  7.  
38-3210.  Practicing respiratory care practitioners; license issued; conditions.The department, with the recommendation of the board, shall issue a license to perform respiratory care to an applicant who, on or before July 17, 1986, has passed the Certified Respiratory Therapy Technician or Registered Respiratory Therapist examination administered by the National Board for Respiratory Care or the appropriate accrediting agency acceptable to the board.Source  Laws 1986, LB 277,  15;  Laws 1988, LB 1100,  84;  Laws 2003, LB 245,  15;   R.S.1943, (2003),  71-1,233;  Laws 2007, LB463,  1076. 
38-3211.  Applicant for licensure; continuing competency requirements.An applicant for licensure to practice respiratory care who has met the education and examination requirements in section 38-3209, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.Source Laws 2007, LB463,  1077. 
38-3212.  Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.(1) An applicant for licensure to practice respiratory care who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  1078;  Laws 2017, LB88,  89.  
38-3213.  Fees.The department shall establish and collect fees for credentialing under the Respiratory Care Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  1079. 
38-3214.  Respiratory care service; requirements.Any health care facility or home care agency providing inpatient or outpatient respiratory care service shall designate a medical director, who shall be a licensed physician who has special interest and knowledge in the diagnosis and treatment of respiratory problems. Such physician shall (1) be an active medical staff member of a licensed health care facility, (2) whenever possible be qualified by special training or experience in the management of acute and chronic respiratory disorders, and (3) be competent to monitor and assess the quality, safety, and appropriateness of the respiratory care services which are being provided. The medical director shall be accessible to and assure the competency of respiratory care practitioners and shall require that respiratory care be ordered by a licensed physician, a licensed physician assistant, a nurse practitioner as defined in section 38-2312, or a certified registered nurse anesthetist as defined in section 38-704, who has medical responsibility for any patient that needs such care.Source  Laws 1986, LB 277,  11;   R.S.1943, (2003),  71-1,229;  Laws 2007, LB463,  1080;  Laws 2012, LB788,  1. 
38-3215.  Practice of respiratory care; limitations.The practice of respiratory care shall be performed only under the direction of a medical director and upon the order of a licensed physician, a licensed physician assistant, a nurse practitioner as defined in section 38-2312, or a certified registered nurse anesthetist as defined in section 38-704.Source  Laws 1986, LB 277,  12;   R.S.1943, (2003),  71-1,230;  Laws 2007, LB463,  1081;  Laws 2012, LB788,  2. 
38-3216.  Respiratory care practitioner; subject to facility rules and regulations; when.In the event a respiratory care practitioner renders respiratory care in a hospital or health care facility, he or she shall be subject to the rules and regulations of that facility. Such rules and regulations may include, but not be limited to, reasonable requirements that the respiratory care practitioner maintain professional liability insurance with such coverage and limits as may be established by the hospital or other health care facility upon the recommendation of the medical staff.Source  Laws 1986, LB 277,  18;   R.S.1943, (2003),  71-1,236;  Laws 2007, LB463,  1082. 
38-3301.  Act, how cited.Sections 38-3301 to 38-3335 shall be known and may be cited as the Veterinary Medicine and Surgery Practice Act.Source   Laws 1967, c. 439,  1, p. 1353;  Laws 1988, LB 1100,  54;  Laws 2000, LB 833,  3;   R.S.1943, (2003),  71-1,153;  Laws 2007, LB463,  1083;  Laws 2009, LB463,  2;  Laws 2011, LB687,  2;  Laws 2018, LB596,  1.  
38-3302.  Definitions, where found.For purposes of the Veterinary Medicine and Surgery Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3303 to 38-3318 apply.Source  Laws 2007, LB463,  1084;  Laws 2009, LB463,  3;  Laws 2018, LB596,  2.  
38-3303.  Accredited school of veterinary medicine, defined.Accredited school of veterinary medicine means:(1) One approved by the board;(2) A veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent; and(3) One that conforms to the standards required for accreditation by the American Veterinary Medical Association.Source Laws 2007, LB463,  1085. 
38-3304.  Animal, defined.Animal means any animal other than man and includes birds, fish, and reptiles, wild or domestic, living or dead, except domestic poultry.Source Laws 2007, LB463,  1086. 
38-3305.  Approved veterinary technician program, defined.Approved veterinary technician program means:(1) One approved by the board;(2) A school or college that offers the degree of Veterinary Technician, a degree in veterinary technology, or the equivalent; and(3) One that conforms to the standards required for accreditation by the American Veterinary Medical Association.Source Laws 2007, LB463,  1087. 
38-3306.  Board, defined.Board means the Board of Veterinary Medicine and Surgery.Source Laws 2007, LB463,  1088. 
38-3307.01.  Health care therapy, defined.Health care therapy means health care activities that require the exercise of judgment for which licensure is required under the Uniform Credentialing Act.Source Laws 2009, LB463,  4.
38-3307.02.  Equine, cat, and dog massage practice, defined.Equine, cat, and dog massage practice means the application of hands-on massage techniques for the purpose of increasing circulation, relaxing muscle spasms, relieving tension, enhancing muscle tone, and increasing range of motion in equines, cats, and dogs.Source Laws 2018, LB596,  3. 
38-3307.  Direct supervision, defined.Direct supervision means that the supervisor is on the premises and is available to the veterinary technician or unlicensed assistant who is treating the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task.Source Laws 2007, LB463,  1089. 
38-3308.  Immediate supervision, defined.Immediate supervision means that the supervisor is on the premises and is in direct eyesight and hearing range of the animal and the veterinary technician or unlicensed assistant who is treating the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task.Source Laws 2007, LB463,  1090. 
38-3309.01.  Licensed animal therapist, defined.Licensed animal therapist means an individual who (1) has and maintains an undisciplined license under the Uniform Credentialing Act for a health care profession other than veterinary medicine and surgery, (2) has met the standards for additional training regarding the performance of that health care profession on animals as required by rules and regulations adopted and promulgated by the department upon the recommendation of the board, and (3) is licensed as an animal therapist by the department.Source Laws 2009, LB463,  5.
38-3309.  Indirect supervision, defined.Indirect supervision means that the supervisor is not on the premises but is easily accessible and has given written or oral instructions for treatment of the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task.Source Laws 2007, LB463,  1091. 
38-3310.  Licensed veterinarian, defined.Licensed veterinarian means a person who is validly and currently licensed to practice veterinary medicine and surgery in this state.Source Laws 2007, LB463,  1092. 
38-3311.  Licensed veterinary technician, defined.Licensed veterinary technician means an individual who is validly and currently licensed as a veterinary technician in this state.Source Laws 2007, LB463,  1093. 
38-3312.  Practice of veterinary medicine and surgery, defined.Practice of veterinary medicine and surgery means:(1) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for testing for pregnancy or fertility or for correcting sterility or infertility. The acts described in this subdivision shall not be done without a valid veterinarian-client-patient relationship;(2) To render advice or recommendation with regard to any act described in subdivision (1) of this section;(3) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subdivision (1) of this section; and(4) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in subdivision (1) of this section.Source Laws 2007, LB463,  1094. 
38-3313.  Supervisor, defined.Supervisor means a licensed veterinarian or licensed veterinary technician as required by statute or rule or regulation for the particular delegated task being performed by a veterinary technician or unlicensed assistant.Source Laws 2007, LB463,  1095. 
38-3314.  Unlicensed assistant, defined.Unlicensed assistant means an individual who is not a licensed veterinarian, a licensed veterinary technician, or a licensed animal therapist and who is working in veterinary medicine. Unlicensed assistant does not include a person engaged in equine, cat, and dog massage practice.Source  Laws 2007, LB463,  1096;  Laws 2009, LB463,  6;  Laws 2018, LB596,  4.  
38-3315.  Veterinarian, defined.Veterinarian means a person who has received a degree of Doctor of Veterinary Medicine from an accredited school of veterinary medicine or its equivalent.Source Laws 2007, LB463,  1097. 
38-3316.  Veterinarian-client-patient relationship, defined.Veterinarian-client-patient relationship means that:(1) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, and the client has agreed to follow the veterinarian's instructions;(2) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and(3) The veterinarian is readily available or has arranged for emergency coverage and for followup evaluation in the event of adverse reactions or the failure of the treatment regimen.Source Laws 2007, LB463,  1098. 
38-3317.  Veterinary medicine and surgery, defined.Veterinary medicine and surgery includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.Source Laws 2007, LB463,  1099. Annotations Given its ordinary meaning, dentistry, as used in this section, includes procedures performed in an animal's mouth. State ex rel. Dept. of Health v. Jeffrey, 247 Neb. 100, 525 N.W.2d 193 (1994).
38-3318.  Veterinary technician, defined.Veterinary technician means an individual who has received a degree in veterinary technology from an approved veterinary technician program or its equivalent.Source Laws 2007, LB463,  1100. 
38-3319.  Board; membership; qualifications.The board shall consist of five members, including three licensed veterinarians, one licensed veterinary technician, and one public member.Source Laws 2007, LB463,  1101. 
38-3320.  Board; purpose.The purpose of the board is to: (1) Provide for the health, safety, and welfare of the citizens; (2) insure that veterinarians and veterinary technicians serving the public meet minimum standards of proficiency and competency; (3) insure that schools of veterinary medicine and surgery and veterinary technician programs meet the educational needs of the students and qualify students to serve the public in a safe and efficient manner; and (4) control the field of veterinary medicine and surgery in the interest of consumer protection.Source  Laws 1979, LB 96,  1;  Laws 1999, LB 828,  127;  Laws 2000, LB 833,  2;   R.S.1943, (2003)  71-1,152.01;  Laws 2007, LB463,  1102. 
38-3321.  Veterinarian; veterinary technician; animal therapist; license; required; exceptions.No person may practice veterinary medicine and surgery in the state who is not a licensed veterinarian, no person may perform delegated animal health care tasks in the state who is not a licensed veterinary technician or an unlicensed assistant performing such tasks within the limits established under subdivision (2) of section 38-3326, and no person may perform health care therapy on animals in the state who is not a licensed animal therapist. The Veterinary Medicine and Surgery Practice Act shall not be construed to prohibit:(1) An employee of the federal, state, or local government from performing his or her official duties;(2) A person who is a student in a veterinary school from performing duties or actions assigned by his or her instructors or from working under the direct supervision of a licensed veterinarian;(3) A person who is a student in an approved veterinary technician program from performing duties or actions assigned by his or her instructors or from working under the direct supervision of a licensed veterinarian or a licensed veterinary technician;(4) Any merchant or manufacturer from selling feed or feeds whether medicated or nonmedicated;(5) A veterinarian regularly licensed in another state from consulting with a licensed veterinarian in this state;(6) Any merchant or manufacturer from selling from his or her established place of business medicines, appliances, or other products used in the prevention or treatment of animal diseases or any merchant or manufacturer's representative from conducting educational meetings to explain the use of his or her products or from investigating and advising on problems developing from the use of his or her products;(7) An owner of livestock or a bona fide farm or ranch employee from performing any act of vaccination, surgery, pregnancy testing, retrievable transplantation of embryos on bovine, including recovering, freezing, and transferring embryos on bovine, or the administration of drugs in the treatment of domestic animals under his or her custody or ownership nor the exchange of services between persons or bona fide employees who are principally farm or ranch operators or employees in the performance of these acts;(8) A member of the faculty of a veterinary school or veterinary science department from performing his or her regular functions, or a person lecturing or giving instructions or demonstrations at a veterinary school or veterinary science department or in connection with a continuing competency activity;(9) Any person from selling or applying any pesticide, insecticide, or herbicide;(10) Any person from engaging in bona fide scientific research which reasonably requires experimentation involving animals;(11) Any person from treating or in any manner caring for domestic chickens, turkeys, or waterfowl, which are specifically exempted from the Veterinary Medicine and Surgery Practice Act;(12) Any person from performing dehorning or castrating livestock, not to include equidae.For purposes of the Veterinary Medicine and Surgery Practice Act, castration shall be limited to the removal or destruction of male testes;(13) Any person who holds a valid credential in the State of Nebraska in a health care profession or occupation regulated under the Uniform Credentialing Act from consulting with a licensed veterinarian or performing collaborative animal health care tasks on an animal under the care of such veterinarian if all such tasks are performed under the immediate supervision of such veterinarian;(14) A person from performing a retrievable transplantation of embryos on bovine, including recovering, freezing, and transferring embryos on bovine, if the procedure is being performed by a person who (a) holds a doctorate degree in animal science with an emphasis in reproductive physiology from an accredited college or university and (b) has and can show proof of valid professional liability insurance; or(15) Any person engaging solely in equine, cat, and dog massage practice.Source   Laws 1967, c. 439,  3, p. 1354;  Laws 1986, LB 926,  47;  Laws 1988, LB 1100,  56;  Laws 2002, LB 1021,  23;  Laws 2004, LB 1005,  18;  Laws 2005, LB 301,  11;   R.S.Supp.,2006,  71-1,155;  Laws 2007, LB463,  1103;  Laws 2008, LB928,  13;  Laws 2009, LB463,  7;  Laws 2012, LB686,  1;  Laws 2018, LB596,  5.  Annotations Subsection (6) of this section applies to owners or bona fide farm or ranch employees who work on their own animals, not another person's animals, unless an exchange of services is involved. State ex rel. Dept. of Health v. Jeffrey, 247 Neb. 100, 525 N.W.2d 193 (1994).
38-3322.  Veterinary medicine and surgery; license; application; qualifications.Each applicant for a license to practice veterinary medicine and surgery in this state shall present to the department:(1) Proof that the applicant is a graduate of an accredited school of veterinary medicine or holds a certificate issued by an entity that determines educational equivalence approved by the board indicating that the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited college of veterinary medicine;(2) Proof that the applicant has passed an examination approved by the board; and(3) Such other information and proof as the department, with the recommendation of the board, may require by rule and regulation.Source   Laws 1967, c. 439,  6, p. 1358;  Laws 1974, LB 811,  15;  Laws 1975, LB 255,  1;  Laws 1987, LB 473,  26;  Laws 1988, LB 1100,  58;  Laws 2000, LB 833,  8;  Laws 2002, LB 1062,  35;  Laws 2003, LB 242,  55;   R.S.1943, (2003),  71-1,158;  Laws 2007, LB463,  1104. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-3323.  Veterinary medicine and surgery; license; validity.Any person holding a valid license to practice veterinary medicine and surgery in this state on October 23, 1967, shall be recognized as a licensed veterinarian and shall be entitled to retain such status so long as he or she complies with the Veterinary Medicine and Surgery Practice Act and the provisions of the Uniform Credentialing Act relating to veterinary medicine and surgery.Source   Laws 1967, c. 439,  5, p. 1358;  Laws 1988, LB 1100,  57;   R.S.1943, (2003),  71-1,157;  Laws 2007, LB463,  1105. 
38-3324.  Board; disciplinary actions; grounds.A license to practice veterinary medicine and surgery may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee is guilty of any of the acts or offenses specified in sections 38-178 and 38-179 and for any of the following reasons:(1) Fraud or dishonesty in the application or reporting of any test for disease in animals;(2) Failure to keep veterinary premises and equipment in a clean and sanitary condition;(3) Failure to report, as required by law, or making false report of, any contagious or infectious disease;(4) Dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates; or(5) Cruelty to animals.Source   Laws 1967, c. 439,  11, p. 1361;  Laws 1988, LB 1100,  62;   R.S.1943, (2003),  71-1,163;  Laws 2007, LB463,  1106. 
38-3325.  Veterinary technician; license; requirements; temporary license.(1) To be a licensed veterinary technician in this state, an individual shall (a) be a graduate of an approved veterinary technician program and (b) receive a passing score on a national examination approved by the board.(2) The department may grant a temporary license to practice as a veterinary technician for up to one year upon application by:(a) A graduate of an approved veterinary technician program pending passage of the national examination approved by the board; or(b) A person lawfully authorized to practice as a veterinary technician in another state pending completion of the application for a license under the Veterinary Medicine and Surgery Practice Act.Source  Laws 2000, LB 833,  6;  Laws 2002, LB 1021,  25;  Laws 2003, LB 242,  57;   R.S.1943, (2003),  71-1,165;  Laws 2007, LB463,  1107;  Laws 2016, LB908,  1.  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-3326.  Veterinary technicians; rules and regulations.The department, with the recommendation of the board, shall adopt and promulgate rules and regulations providing for (1) licensure of veterinary technicians meeting the requirements of section 38-3325 and (2) standards for the level of supervision required for particular delegated animal health care tasks and which determine which tasks may be performed by a licensed veterinary technician and by unlicensed assistants. The level of supervision may be immediate supervision, direct supervision, or indirect supervision as determined by the department, with the recommendation of the board, based upon the complexity and requirements of the task.Source  Laws 2000, LB 833,  7;  Laws 2003, LB 242,  58;  Laws 2003, LB 245,  14;   R.S.1943, (2003),  71-1,166;  Laws 2007, LB463,  1108. 
38-3327.  Applicant; reciprocity; requirements; military spouse; temporary license.(1) An applicant for a license to practice veterinary medicine and surgery based on a license in another state or territory of the United States, the District of Columbia, or a Canadian province shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice of such profession at least one of the three years immediately preceding the application under a license in another state or territory of the United States, the District of Columbia, or a Canadian province.(2) An applicant for a license to practice as a licensed veterinary technician based on a license in another state or territory of the United States, the District of Columbia, or a Canadian province shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice of such profession at least one of the three years immediately preceding the application under a license in another state or territory of the United States, the District of Columbia, or a Canadian province.(3) An applicant who is a military spouse may apply for a temporary license to practice veterinary medicine and surgery or to practice as a licensed veterinary technician as provided in section 38-129.01.Source  Laws 2007, LB463,  1109;  Laws 2017, LB88,  90.  
38-3328.  Fees.The department shall establish and collect fees for credentialing under the Veterinary Medicine and Surgery Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  1110. 
38-3329.  Advertising; offer of services; limitation.(1) Only a licensed veterinarian may advertise or offer his or her services in a manner calculated to lead others to believe that he or she is a licensed veterinarian.(2) Only a licensed veterinary technician may advertise or offer his or her services in a manner calculated to lead others to believe that he or she is a licensed veterinary technician.Source Laws 2007, LB463,  1111. 
38-3330.  Disclosure of information; restrictions.(1) Unless required by any state or local law for contagious or infectious disease reporting or other public health and safety purpose, no veterinarian licensed under the Veterinary Medicine and Surgery Practice Act shall be required to disclose any information concerning the veterinarian's care of an animal except under a written authorization or other waiver by the veterinarian's client or pursuant to a court order or a subpoena. A veterinarian who releases information under a written authorization or other waiver by the client or pursuant to a court order or a subpoena is not liable to the client or any other person.(2) The privilege provided by this section is waived to the extent that the veterinarian's client or the owner of the animal places the veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any civil or criminal proceeding.(3) The privilege provided by this section is waived to the extent and for purposes of notifying any owner or manager of cattle that have a significant risk for exposure to bovine trichomoniasis. A veterinarian who releases information about the risk for exposure to bovine trichomoniasis is not liable to the client or any other person.(4) For purposes of this section, veterinarian includes the employees or agents of the licensed veterinarian while acting for or on behalf of such veterinarian.Source  Laws 2000, LB 833,  5;   R.S.1943, (2003),  71-1,164;  Laws 2007, LB463,  1112;  Laws 2013, LB423,  3. 
38-3331.  Civil penalty; recovery; lien.(1) In addition to the remedies authorized in section 38-140 or 38-1,124, a person who engages in the practice of veterinary medicine and surgery without being licensed or otherwise authorized to do so under the Veterinary Medicine and Surgery Practice Act shall be subject to a civil penalty of not less than one thousand 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 the second or subsequent offense. If a violation continues after notification, this constitutes a separate offense.(2) The civil penalties 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.(3) Any civil penalty assessed and unpaid under this section shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property. The department may also collect in such action attorney's fees and costs incurred in the collection of the civil penalty. The department shall, within thirty days after receipt, transmit any collected civil penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska.Source Laws 2009, LB463,  8.
38-3332.  Animal therapist; license; application; qualifications.Each applicant for a license as an animal therapist in this state shall present to the department:(1) Proof that the applicant holds and maintains an undisciplined license under the Uniform Credentialing Act for a health care profession other than veterinary medicine and surgery;(2) Proof that the applicant has met the standards for additional training regarding the performance of that health care profession on animals as required by rules and regulations adopted and promulgated by the department upon the recommendation of the board; and(3) Such other information and proof as the department, with the recommendation of the board, may require by rule and regulation.Source Laws 2009, LB463,  9.
38-3333.  Animal therapist; health care therapy; conditions; letter of referral; liability.(1) A licensed animal therapist may perform health care therapy on an animal only if:(a) The health care therapy is consistent with the licensed animal therapist's training required for the license referred to under subdivision (1) of section 38-3332;(b) The owner of the animal presents to the licensed animal therapist a prior letter of referral for health care therapy that includes a veterinary medical diagnosis and evaluation completed by a licensed veterinarian who has a veterinarian-client-patient relationship with the owner and the animal and has made the diagnosis and evaluation within ninety days immediately preceding the date of the initiation of the health care therapy; and(c) The licensed animal therapist provides health care therapy reports at least monthly to the referring veterinarian, except that a report is not required for any month in which health care therapy was not provided.(2) A licensed veterinarian who prepares a letter of referral for health care therapy by a licensed animal therapist shall not be liable for damages caused to the animal as a result of the health care therapy performed by the licensed animal therapist.Source Laws 2009, LB463,  10.
38-3334.  Animal therapist; additional disciplinary grounds.In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a license to practice as a licensed animal therapist may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee is subjected to disciplinary measures with regard to his or her license referred to under subdivision (1) of section 38-3332.Source Laws 2009, LB463,  11.
38-3335.  Veterinarian locum tenens; issuance; requirements; term.When circumstances indicate a need for the issuance of a veterinarian locum tenens in the State of Nebraska, the department, with the recommendation of the board, may issue a veterinarian locum tenens to an individual who holds an active license to practice veterinary medicine and surgery in another state if the requirements regarding education and examination for licensure in that state are equal to or exceed the requirements regarding education and examination for licensure in Nebraska. A veterinarian locum tenens may be issued for a period not to exceed ninety days in any twelve-month period.Source Laws 2011, LB687,  3.
38-3401.  Act, how cited.Sections 38-3401 to 38-3425 shall be known and may be cited as the Genetic Counseling Practice Act.Source Laws 2012, LB831,  1.
38-3402.  Definitions, where found.For purposes of the Genetic Counseling Practice Act, the definitions found in sections 38-3403 to 38-3414 shall apply.Source Laws 2012, LB831,  2.
38-3403.  Active candidate, defined.Active candidate means an individual who has (1) met the requirements established by the national genetic counseling board to take the national certification examination in general genetics or genetic counseling and (2) been granted active candidate status by the national genetic counseling board.Source Laws 2012, LB831,  3.
38-3404.  Certification examination, defined.Certification examination means the examination offered by either the national genetic counseling board or the national medical genetics board.Source Laws 2012, LB831,  4.
38-3405.  Genetic counseling, defined.Genetic counseling means the provision of services described in section 38-3415.Source Laws 2012, LB831,  5.
38-3406.  Genetic counseling intern, defined.Genetic counseling intern means a student enrolled in a genetic counseling program accredited by the national genetic counseling board.Source Laws 2012, LB831,  6.
38-3407.  Genetic counselor, defined.Genetic counselor means an individual licensed under the Genetic Counseling Practice Act.Source Laws 2012, LB831,  7.
38-3408.  National genetic counseling board, defined.National genetic counseling board means the American Board of Genetic Counseling or its successor or equivalent.Source Laws 2012, LB831,  8.
38-3409.  National medical genetics board, defined.National medical genetics board means the American Board of Medical Genetics or its successor or equivalent.Source Laws 2012, LB831,  9.
38-3410.  Physician, defined.Physician means an individual licensed under the Medicine and Surgery Practice Act to practice medicine and surgery or osteopathic medicine and surgery.Source Laws 2012, LB831,  10.Cross References  Medicine and Surgery Practice Act, see section 38-2001.
38-3411.  Qualified supervisor, defined.Qualified supervisor means a genetic counselor or a physician.Source Laws 2012, LB831,  11.
38-3412.  State board, defined.State board means the Board of Medicine and Surgery.Source Laws 2012, LB831,  12.
38-3413.  Supervisee, defined.Supervisee means an individual holding a provisional license issued under section 38-3420.Source Laws 2012, LB831,  13.
38-3414.  Supervision, defined.Supervision means the overall responsibility to assess the work of a supervisee, including regular meetings and chart review by a qualified supervisor pursuant to an annual supervision contract signed by the qualified supervisor and the supervisee which is on file with both parties. The presence of a qualified supervisor is not required during the performance of services by the supervisee.Source Laws 2012, LB831,  14.
38-3415.  Scope of practice.The scope of practice of a genetic counselor is:(1) Obtaining and evaluating individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his or her offspring, and other family members;(2) Discussing features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic or medical conditions and diseases;(3) Identifying and coordinating of genetic laboratory tests and other diagnostic studies as appropriate for the genetic assessment;(4) Integrating genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases;(5) Explaining the clinical implications of genetic laboratory tests and other diagnostic studies and their results;(6) Evaluating the client's or family's responses to genetic or medical conditions identified by the genetic assessment or risk of recurrence and providing client-centered counseling and anticipatory guidance;(7) Identifying and utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy; and(8) Providing written documentation of medical, genetic, and counseling information for families and health care professionals.Source Laws 2012, LB831,  15.
38-3416.  License required.Except as provided in the Genetic Counseling Practice Act, on and after January 1, 2013, no individual shall engage in the practice of genetic counseling unless he or she is licensed under the act.Source Laws 2012, LB831,  16.
38-3417.  Act; persons exempt.The Genetic Counseling Practice Act does not apply to:(1) An individual licensed under the Uniform Credentialing Act to practice a profession other than genetic counseling when acting within the scope of his or her profession and doing work of a nature consistent with his or her training, except that such individual shall not hold himself or herself out to the public as a genetic counselor;(2) An individual employed by the United States Government or an agency thereof to provide genetic counseling if he or she provides genetic counseling solely under the direction and control of the organization by which he or she is employed;(3) A genetic counseling intern if genetic counseling performed by the genetic counseling intern is an integral part of the course of study and is performed under the direct supervision of a genetic counselor who is on duty and available in the assigned patient care area and if the genetic counseling intern is designated by the title genetic counseling intern; or(4) An individual certified by the national genetic counseling board or the national medical genetics board to provide genetic counseling who permanently resides outside the state and is providing consulting services within the state for a period of two months or less.Source Laws 2012, LB831,  17.
38-3418.  Applicant; certification required.Except as provided in section 38-3420, an applicant for licensure as a genetic counselor shall provide satisfactory evidence that he or she is certified as a genetic counselor by either the national genetic counseling board or the national medical genetics board.Source Laws 2012, LB831,  18.Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-3419.  Reciprocity; individual practicing before January 1, 2013; licensure; qualification; military spouse; temporary license.(1) The department, with the recommendation of the state board, may issue a license under the Genetic Counseling Practice Act based on licensure in another jurisdiction to an individual who meets the requirements of the Genetic Counseling Practice Act or substantially equivalent requirements as determined by the department, with the recommendation of the state board.(2) An individual practicing genetic counseling in Nebraska before January 1, 2013, may apply for licensure under the act if, on or before July 1, 2013, he or she:(a) Provides satisfactory evidence to the state board that he or she (i) has practiced genetic counseling for a minimum of ten years preceding January 1, 2013, (ii) has a postbaccalaureate degree at the master's level or higher in genetics or a related field of study, and (iii) has never failed the certification examination;(b) Submits three letters of recommendation from at least one individual practicing genetic counseling who qualifies for licensure under the Genetic Counseling Practice Act and either a clinical geneticist or medical geneticist certified by the national medical genetics board. An individual submitting a letter of recommendation shall have worked with the applicant in an employment setting during at least five of the ten years preceding submission of the letter and be able to attest to the applicant's competency in providing genetic counseling; and(c) Provides documentation of attending approved continuing education programs within the five years preceding application.(3) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2012, LB831,  19;  Laws 2017, LB88,  91.  
38-3420.  Provisional license; requirements; renewal; expiration; conditions; application for extension; requirements.(1) The department, on the recommendation of the state board, may issue a provisional license to practice genetic counseling to an individual who meets all of the requirements for licensure under the Genetic Counseling Practice Act except for certification and who has been granted active candidate status. Such license shall be valid for one year from the date of issuance and may be renewed for one additional year if the applicant fails the certification examination one time. The provisional license shall expire automatically upon the earliest of the following:(a) Issuance of a license as a genetic counselor under the Genetic Counseling Practice Act;(b) Thirty days after the applicant fails to pass the complete certification examination; or(c) The date printed on the provisional license.(2) An application for extension of a provisional license shall be signed by a qualified supervisor. A provisional licensee shall work at all times under the supervision of a qualified supervisor.Source Laws 2012, LB831,  20.
38-3421.  License required; use of titles prohibited.On and after January 1, 2013, no individual shall hold himself or herself out as a genetic counselor unless he or she is licensed in accordance with the Genetic Counseling Practice Act. An individual who is not so licensed may not use, in connection with his or her name or place of business, the title genetic counselor, licensed genetic counselor, gene counselor, genetic consultant, or genetic associate, or any words, letters, abbreviations, or insignia indicating or implying that he or she holds a license under the act.Source Laws 2012, LB831,  21.
38-3422.  Rules and regulations.The department shall adopt and promulgate rules and regulations as it may deem necessary with reference to the conditions under which the practice of genetic counseling shall be carried on. The department shall have the power to enforce the Genetic Counseling Practice Act.Source Laws 2012, LB831,  22.
38-3423.  Fees.The department shall establish and collect fees for credentialing under the Genetic Counseling Practice Act as provided in sections 38-151 to 38-157.Source Laws 2012, LB831,  23.
38-3424.  Abortion counseling or referral; act; how construed; refusal to participate in counseling or referral; how treated.The Genetic Counseling Practice Act shall not be construed to require any genetic counselor to counsel or refer for abortion, and licensing of a genetic counselor shall not be contingent upon his or her participation in counseling or referral with respect to abortion. The refusal of a genetic counselor to participate in counseling or referral with respect to abortion shall not form the basis for any claim of damages on account of the refusal or for any disciplinary or recriminatory action against the genetic counselor if the genetic counselor informs the patient that the genetic counselor will not participate in counseling or referral with respect to abortion and offers to direct the patient to the online directory of licensed genetic counselors maintained by the department.Source Laws 2012, LB831,  24.
38-3425.  Department; maintain directory.The department shall maintain an online directory of all genetic counselors licensed by the department.Source Laws 2012, LB831,  25.
38-3501.  Act, how cited.Sections 38-3501 to 38-3517 shall be known and may be cited as the Surgical First Assistant Practice Act.Source Laws 2016, LB721,  1. 
38-3502.  Legislative findings.The Legislature finds that:(1) Surgical assisting is an established health profession in Nebraska;(2) Surgical first assistants aid in ensuring a safe surgical environment by maximizing patient safety by using appropriate techniques for processes, including, but not limited to, maintaining hemostasis, proper patient positioning, clear visualization of the operative site, proper closure of the operative site, and correct dressing of a wound; and(3) It is necessary to encourage the most effective utilization of the skills of surgical first assistants by enabling them to perform tasks delegated by a licensed physician.Source Laws 2016, LB721,  2. 
38-3503.  Definitions, where found.For purposes of the Surgical First Assistant Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3504 to 38-3510 apply.Source Laws 2016, LB721,  3. 
38-3504.  Approved certifying body, defined.Approved certifying body means a national certification organization which is approved by the board, certifies qualified surgical first assistants, has eligibility requirements related to education and practice, and offers an examination in an area of practice which meets guidelines and tests approved by the board.Source Laws 2016, LB721,  4. 
38-3505.  Approved surgical first assistant education program, defined.Approved surgical first assistant education program means a program accredited by the Commission on Accreditation of Allied Health Education Programs or the Accrediting Bureau of Health Education Schools or other accreditation entity approved by the board.Source Laws 2016, LB721,  5. 
38-3506.  Board, defined.Board means the Board of Medicine and Surgery.Source Laws 2016, LB721,  6. 
38-3507.  Licensed surgical first assistant, defined.Licensed surgical first assistant means a person licensed to practice surgical assisting under the Surgical First Assistant Practice Act.Source Laws 2016, LB721,  7. 
38-3508.  Personal supervision by a physician, defined.Personal supervision by a physician means the physical attendance of a physician in the room during the performance of a surgical procedure.Source Laws 2016, LB721,  8. 
38-3509.  Surgical assisting, defined.Surgical assisting means the practice of promoting patient safety through provision of primary assistance to the primary surgeon during a surgical procedure.Source Laws 2016, LB721,  9. 
38-3510.  Surgical first assistant, defined.Surgical first assistant means a person who meets the requirements of section 38-3512.Source Laws 2016, LB721,  10. 
38-3511.  Licensed surgical first assistant; activities authorized.A licensed surgical first assistant may engage in the practice of surgical assisting, including, but not limited to, the following:(1) Assisting in the intraoperative care of a surgical patient;(2) Positioning the patient;(3) Preparing and draping the patient for the surgical procedure;(4) Providing visualization of the operative site;(5) Assisting with hemostasis;(6) Assisting with closure of body planes, including the following:(a) Inserting running or interrupted subcutaneous sutures with absorbable or nonabsorbable material;(b) Utilizing subcuticular closure technique with or without adhesive skin closure strips; and(c) Closing skin with method indicated by surgeon, including, but not limited to, suture and staples;(7) Applying appropriate wound dressings;(8) Providing assistance in securing drainage systems to tissue;(9) Preparing specimens, such as grafts; and(10) Performing other tasks during a surgical procedure delegated by and under the personal supervision of a physician appropriate to the level of competence of the surgical first assistant.Source Laws 2016, LB721,  11. 
38-3512.  Applicant; education and examination requirements; waiver; when.(1) An applicant for licensure under the Surgical First Assistant Practice Act shall:(a) Be certified as a surgical first assistant by an approved certifying body;(b) Have successfully completed an approved surgical first assistant education program approved by the board or other experiential or training program as approved by the board;(c) Have passed a nationally recognized surgical first assistant examination adopted by the board; and(d) Have a high school diploma or the equivalent as determined by the board.(2) The department may waive the education and examination requirements under the Surgical First Assistant Practice Act for an applicant who:(a) By January 1, 2017, submits demonstrated evidence satisfactory to the board that he or she has been functioning as a surgical first assistant as his or her primary function in a licensed health care facility within the last five years prior to September 1, 2016;(b) By January 1, 2017, submits evidence of holding a current certification as a surgical first assistant issued by an approved certifying body; or(c) Submits evidence of holding a credential as a surgical first assistant issued by another state or territory of the United States or the District of Columbia which has standards substantially equivalent to those of this state.Source Laws 2016, LB721,  12. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-3513.  Act; how construed.The Surgical First Assistant Practice Act shall not be construed to:(1) Prohibit any nurse practitioner, registered nurse, physician, or physician assistant credentialed to practice under the Uniform Credentialing Act from engaging in the practice for which he or she is credentialed; or(2) Prohibit any student enrolled in a bona fide surgical first assistant training program recognized by the board from performing those duties which are necessary for the student's course of study, if the duties are performed under the personal supervision of a physician.Source Laws 2016, LB721,  13. 
38-3514.  Right to use title and abbreviation.A person holding an active license as a licensed certified surgical first assistant has the right to use the title licensed surgical first assistant and the abbreviation L.S.F.A.Source Laws 2016, LB721,  14. 
38-3515.  Fees.The department shall establish and collect fees for initial licensure and renewal under the Surgical First Assistant Practice Act as provided in sections 38-151 to 38-157.Source Laws 2016, LB721,  15. 
38-3516.  Personal supervision of physician.A licensed surgical first assistant shall perform delegated functions only under the personal supervision of a physician.Source Laws 2016, LB721,  16. 
38-3517.  Board; duties; department; duties.(1) The board shall, pursuant to section 38-126: (a) Recommend to the department the issuance of licenses to practice surgical assisting under the Surgical First Assistant Practice Act; (b) investigate and adopt standards based on national standards for surgical assisting and implement changes as needed to carry out the act; and (c) provide for distribution of information regarding practice of licensed surgical first assistants.(2) The department shall: (a) Receive and investigate complaints, conduct hearings, and impose disciplinary actions in relation to complaints against licensed surgical first assistants under the Uniform Credentialing Act; and (b) perform other duties as required under the Surgical First Assistant Practice Act and Uniform Credentialing Act.Source Laws 2016, LB721,  17. 
38-3601.  Compact; citation.Sections 38-3601 to 38-3625 shall be known and may be cited as the Interstate Medical Licensure Compact.Source Laws 2017, LB88,  1. 
38-3602.  Purposes of Interstate Medical Licensure Compact.The purposes of the Interstate Medical Licensure Compact are, through means of joint and cooperative action among the member states of the compact (1) to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and that provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients, (2) to create another pathway for licensure that does not otherwise change a state's existing medicine and surgery practice act, (3) to adopt the prevailing standard for licensure, affirm that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and require the physician to be under the jurisdiction of the state medical board where the patient is located, (4) to ensure that state medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact, and (5) to create the Interstate Medical Licensure Compact Commission.Source Laws 2017, LB88,  2. 
38-3603.  Terms, defined.For purposes of the Interstate Medical Licensure Compact:(a) Bylaws means those bylaws established by the interstate commission pursuant to section 38-3612 for its governance or for directing and controlling its actions and conduct;(b) Commissioner means the voting representative appointed by each member board pursuant to section 38-3612;(c) Conviction means a finding by a court that an individual is guilty of a criminal offense through adjudication or entry of a plea of guilty or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board;(d) Expedited license means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact;(e) Interstate commission means the interstate commission created pursuant to section 38-3612;(f) License means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization;(g) Medicine and surgery practice act means laws and regulations governing the practice of medicine within a member state;(h) Member board means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government;(i) Member state means a state that has enacted the compact;(j) Practice of medicine means the clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the medicine and surgery practice act of a member state;(k) Physician means any person who:(1) Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent;(2) Passed each component of the United States Medical Licensing Examination or the Comprehensive Osteopathic Medical Licensing Examination within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;(3) Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;(4) Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's Bureau of Osteopathic Specialists;(5) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;(6) Has never been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;(7) Has never had a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license;(8) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and(9) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction;(l) Offense means a felony, gross misdemeanor, or crime of moral turpitude;(m) Rule means a written statement by the interstate commission promulgated pursuant to section 38-3613 that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the interstate commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule;(n) State means any state, commonwealth, district, or territory of the United States; and(o) State of principal license means a member state where a physician holds a license to practice medicine and which has been designated as such by the physician for purposes of registration and participation in the compact.Source Laws 2017, LB88,  3. 
38-3604.  Physician; expedited license; eligibility requirements; failure to meet requirements; effect.(a) A physician must meet the eligibility requirements as defined in subdivision (k) of section 38-3603 to receive an expedited license under the terms and provisions of the Interstate Medical Licensure Compact.(b) A physician who does not meet the requirements of subdivision (k) of section 38-3603 may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.Source Laws 2017, LB88,  4. 
38-3605.  Physician; designate state of principal license.(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Interstate Medical Licensure Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:(1) The state of primary residence for the physician;(2) The state where at least twenty-five percent of the practice of medicine occurs;(3) The location of the physician's employer;(4) If no state qualifies under subdivision (1), (2), or (3) of this subsection, the state designated as state of residence for purpose of federal income tax.(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a) of this section.(c) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.Source Laws 2017, LB88,  5. 
38-3606.  Physician; file application; member board; duties; criminal background check; fees; issuance of license.(a) A physician seeking licensure through the Interstate Medical Licensure Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.(b) Upon receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physicians eligibility, to the interstate commission.(i) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the interstate commission through rule, shall not be subject to additional primary source verification where already primary source verified by the state of principal license.(ii) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, perform a criminal background check of an applicant, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. 731.202.(iii) Appeal on the determination of eligibility shall be made to the member state where the application was filed and shall be subject to the law of that state.(c) Upon verification in subsection (b) of this section, physicians eligible for an expedited license shall complete the registration process established by the interstate commission to receive a license in a member state selected pursuant to subsection (a) of this section, including the payment of any applicable fees.(d) After receiving verification of eligibility under subsection (b) of this section and any fees under subsection (c) of this section, a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the medicine and surgery practice act and all applicable laws and regulations of the issuing member board and member state.(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.(f) An expedited license obtained through the compact shall be terminated if a physician fails to maintain a license in the state of principal licensure for a nondisciplinary reason, without redesignation of a new state of principal licensure.(g) The interstate commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.Source Laws 2017, LB88,  6. 
38-3607.  Fee; rules.(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Interstate Medical Licensure Compact.(b) The interstate commission is authorized to develop rules regarding fees for expedited licenses.Source Laws 2017, LB88,  7. 
38-3608.  Physician; renewal of expedited license; renewal process; fees; rules.(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician:(1) Maintains a full and unrestricted license in a state of principal license;(2) Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.(c) The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.(d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member board shall renew the physician's license.(e) Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.(f) The interstate commission is authorized to develop rules to address renewal of licenses obtained through the Interstate Medical Licensure Compact.Source Laws 2017, LB88,  8. 
38-3609.  Database; contents; public action or complaints; member boards; duties; confidentiality.(a) The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under section 38-3606.(b) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Interstate Medical Licensure Compact.(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) of this section to the interstate commission.(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.(f) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.(g) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.Source Laws 2017, LB88,  9. 
38-3610.  Member board; joint investigations; powers.(a) Licensure and disciplinary records of physicians are deemed investigative.(b) In addition to the authority granted to a member board by its respective medicine and surgery practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.(c) A subpoena issued by a member state shall be enforceable in other member states.(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Interstate Medical Licensure Compact.(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.Source Laws 2017, LB88,  10. 
38-3611.  Disciplinary action; unprofessional conduct; reinstatement of license; procedure.(a) Any disciplinary action taken by any member board against a physician licensed through the Interstate Medical Licensure Compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medicine and surgery practice act or regulations in that state.(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physicians license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medicine and surgery practice act of that state.(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:(i) Impose the same or lesser sanction against the physician so long as such sanctions are consistent with the medicine and surgery practice act of that state; or(ii) Pursue separate disciplinary action against the physician under its respective medicine and surgery practice act, regardless of the action taken in other member states.(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license issued to the physician by any other member board shall be suspended, automatically and immediately without further action necessary by the other member board, for ninety days upon entry of the order by the disciplining board, to permit the member board to investigate the basis for the action under the medicine and surgery practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety-day suspension period in a manner consistent with the medicine and surgery practice act of that state.Source Laws 2017, LB88,  11. 
38-3612.  Interstate Medical Licensure Compact Commission; created; representatives; qualifications; meetings; notice; minutes; executive committee.(a) The member states hereby create the Interstate Medical Licensure Compact Commission.(b) The purpose of the interstate commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function.(c) The interstate commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the compact, and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact.(d) The interstate commission shall consist of two voting representatives appointed by each member state who shall serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner shall be:(1) A physician appointed to a member board;(2) An executive director, executive secretary, or similar executive of a member board; or(3) A member of the public appointed to a member board.(e) The interstate commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting upon the request of a majority of the member states.(f) The bylaws may provide for meetings of the interstate commission to be conducted by telecommunication or electronic communication.(g) Each commissioner participating at a meeting of the interstate commission is entitled to one vote. A majority of commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner shall not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (d) of this section.(h) The interstate commission shall provide public notice of all meetings and all meetings shall be open to the public. The interstate commission may close a meeting, in full or in portion, where it determines by a two-thirds vote of the commissioners present that an open meeting would be likely to:(1) Relate solely to the internal personnel practices and procedures of the interstate commission;(2) Discuss matters specifically exempted from disclosure by federal statute;(3) Discuss trade secrets, commercial, or financial information that is privileged or confidential;(4) Involve accusing a person of a crime, or formally censuring a person;(5) Discuss information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;(6) Discuss investigative records compiled for law enforcement purposes; or(7) Specifically relate to the participation in a civil action or other legal proceeding.(i) The interstate commission shall keep minutes which shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.(j) The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by its rules, available to the public for inspection.(k) The interstate commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact including enforcement and compliance with the provisions of the compact, its bylaws and rules, and other such duties as necessary.(l) The interstate commission may establish other committees for governance and administration of the compact.Source Laws 2017, LB88,  12. 
38-3613.  Interstate commission; duty and power.The interstate commission shall have the duty and power to:(a) Oversee and maintain the administration of the Interstate Medical Licensure Compact;(b) Promulgate rules which shall be binding to the extent and in the manner provided for in the compact;(c) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;(d) Enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process;(e) Establish and appoint committees including, but not limited to, an executive committee as required by section 38-3612, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties;(f) Pay, or provide for the payment of, the expenses related to the establishment, organization, and ongoing activities of the interstate commission;(g) Establish and maintain one or more offices;(h) Borrow, accept, hire, or contract for services of personnel;(i) Purchase and maintain insurance and bonds;(j) Employ an executive director who shall have such powers to employ, select or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;(k) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;(l) Accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the interstate commission;(m) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;(o) Establish a budget and make expenditures;(p) Adopt a seal and bylaws governing the management and operation of the interstate commission;(q) Report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission;(r) Coordinate education, training, and public awareness regarding the compact, its implementation, and its operation;(s) Maintain records in accordance with the bylaws;(t) Seek and obtain trademarks, copyrights, and patents; and(u) Perform such functions as may be necessary or appropriate to achieve the purposes of the compact.Source Laws 2017, LB88,  13. 
38-3614.  Annual assessment; levy; rule; audit.(a) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.(b) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.(c) The interstate commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.(d) The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.Source Laws 2017, LB88,  14. 
38-3615.  Interstate commission; adopt bylaws; officers; immunity; duty to defend; hold harmless.(a) The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Interstate Medical Licensure Compact within twelve months of the first interstate commission meeting.(b) The interstate commission shall elect or appoint annually from among its commissioners a chairperson, a vice-chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson's absence or disability, the vice-chairperson, shall preside at all meetings of the interstate commission.(c) Officers selected in subsection (b) of this section shall serve without remuneration from the interstate commission.(d) The officers and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of interstate commission employment, duties, or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.(1) The liability of the executive director and employees of the interstate commission or representatives of the interstate commission, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such persons state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.(2) The interstate commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an interstate commission representative, shall defend such interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.(3) To the extent not covered by the state involved, member state, or the interstate commission, the representatives or employees of the interstate commission shall be held harmless in the amount of a settlement or judgment, including attorneys fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of interstate commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.Source Laws 2017, LB88,  15. 
38-3616.  Rules; promulgation; judicial review.(a) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Interstate Medical Licensure Compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.(b) Rules deemed appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the Revised Model State Administrative Procedure Act of 2010 and subsequent amendments thereto.(c) Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.Source Laws 2017, LB88,  16. 
38-3617.  Enforcement of Interstate Medical Licensure Compact; interstate commission; receive service of process.(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Interstate Medical Licensure Compact and shall take all actions necessary and appropriate to effectuate the compacts purposes and intent. The provisions of the compact and the rules promulgated under the compact shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.(b) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact which may affect the powers, responsibilities or actions of the interstate commission.(c) The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact, or promulgated rules.Source Laws 2017, LB88,  17. 
38-3618.  Interstate commission; enforcement powers; initiate legal action; remedies available.(a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Interstate Medical Licensure Compact.(b) The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States District Court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.(c) The remedies in the compact shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.Source Laws 2017, LB88,  18. 
38-3619.  Grounds for default; notice; failure to cure; termination from compact; costs; appeal.(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Interstate Medical Licensure Compact, or the rules and bylaws of the interstate commission promulgated under the compact.(b) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the interstate commission shall:(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default; and(2) Provide remedial training and specific technical assistance regarding the default.(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.(e) The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.(f) The member state which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.(g) The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.(h) The defaulting state may appeal the action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.Source Laws 2017, LB88,  19. 
38-3620.  Disputes; interstate commission; duties; rules.(a) The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the Interstate Medical Licensure Compact and which may arise among member states or member boards.(b) The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.Source Laws 2017, LB88,  20. 
38-3621.  Eligibility to become member state; when compact effective; amendments to compact.(a) Any state is eligible to become a member state of the Interstate Medical Licensure Compact.(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.(c) The governors of nonmember states, or their designees, shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.(d) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.Source Laws 2017, LB88,  21. 
38-3622.  Withdrawal from Interstate Medical Licensure Compact; procedure; responsibilities; reinstatement; rules.(a) Once effective, the Interstate Medical Licensure Compact shall continue in force and remain binding upon each and every member state, except that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.(b) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.(c) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.(d) The interstate commission shall notify the other member states of the withdrawing states intent to withdraw within sixty days of its receipt of notice provided under subsection (c) of this section.(e) The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.(g) The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.Source Laws 2017, LB88,  22. 
38-3623.  Dissolution of Interstate Medical Licensure Compact; effect.(a) The Interstate Medical Licensure Compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.Source Laws 2017, LB88,  23. 
38-3624.  Severability; construction.(a) The provisions of the Interstate Medical Licensure Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.(b) The provisions of the compact shall be liberally construed to effectuate its purposes.(c) Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.Source Laws 2017, LB88,  24. 
38-3625.  Effect on other laws of member state.(a) Nothing in the Interstate Medical Licensure Compact prevents the enforcement of any other law of a member state that is not inconsistent with the compact.(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.(c) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.(d) All agreements between the interstate commission and the member states are binding in accordance with their terms.(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.Source Laws 2017, LB88,  25. 
38-3701.  Act, how cited.Sections 38-3701 to 38-3707 shall be known and may be cited as the Dialysis Patient Care Technician Registration Act.Source Laws 2017, LB255,  1. 
38-3702.  Purpose of act.The purpose of the Dialysis Patient Care Technician Registration Act is to ensure the health, safety, and welfare of the public by providing for the accurate, cost-effective, efficient, and safe utilization of dialysis patient care technicians in the administration of hemodialysis. The act applies to dialysis facilities in which hemodialysis is provided.Source Laws 2017, LB255,  2. 
38-3703.  Terms, defined.For purposes of the Dialysis Patient Care Technician Registration Act:(1) Dialysis patient care technician means a person who meets the requirements of section 38-3705; and(2) Facility means a health care facility as defined in section 71-413 providing hemodialysis services.Source Laws 2017, LB255,  3. 
38-3704.  Dialysis patient care technician; powers.A dialysis patient care technician may administer hemodialysis under the authority of a registered nurse licensed pursuant to the Nurse Practice Act who may delegate tasks based on nursing judgment to a dialysis patient care technician based on the technicians education, knowledge, training, and skill.Source Laws 2017, LB255,  4. Cross References  Nurse Practice Act, see section 38-2201.
38-3705.  Dialysis patient care technician; qualifications.The minimum requirements for a dialysis patient care technician are as follows: (1) Possession of a high school diploma or a general educational development certificate, (2) training which follows national recommendations for dialysis patient care technicians and is conducted primarily in the work setting, (3) obtaining national certification by successful passage of a certification examination within eighteen months after becoming employed as a dialysis patient care technician, and (4) recertification at intervals required by the organization providing the certification examination including no fewer than thirty and no more than forty patient contact hours since the previous certification or recertification.Source Laws 2017, LB255,  5. 
38-3706.  Dialysis patient care technician; registration; application; fee; duties; licensure as nurse; effect.(1) To register as a dialysis patient care technician, an individual shall (a) possess a high school diploma or a general educational development certificate, (b) demonstrate that he or she is (i) employed as a dialysis patient care technician or (ii) enrolled in a training course as described in subdivision (2) of section 38-3705, (c) file an application with the department, and (d) pay the applicable fee.(2) An applicant or a dialysis patient care technician shall report to the department, in writing, any conviction for a felony or misdemeanor. A conviction is not a disqualification for placement on the registry unless it relates to the standards identified in section 38-3705 or it reflects on the moral character of the applicant or dialysis patient care technician.(3) An applicant or a dialysis patient care technician may report any pardon or setting aside of a conviction to the department. If a pardon or setting aside has been obtained, the conviction for which it was obtained shall not be maintained on the Dialysis Patient Care Technician Registry.(4) If a person registered as a dialysis patient care technician becomes licensed as a registered nurse or licensed practical nurse, his or her registration as a dialysis patient care technician becomes null and void as of the date of licensure as a registered nurse or a licensed practical nurse.Source Laws 2017, LB255,  6. 
38-3707.  Dialysis Patient Care Technician Registry; contents.(1) The department shall list each dialysis patient care technician registration on the Dialysis Patient Care Technician Registry. A listing in the registry shall be valid for the term of the registration and upon renewal unless such listing is refused renewal or is removed.(2) The registry shall contain the following information on each registrant: (a) The individuals full name; (b) any conviction of a felony or misdemeanor reported to the department; (c) a certificate showing completion of a nationally recognized training program; and (d) a certificate of completion of a nationally commercially available dialysis patient care technician certification examination.(3) Nothing in the Dialysis Patient Care Technician Registration Act shall be construed to require a dialysis patient care technician to register in the Medication Aide Registry.Source Laws 2017, LB255,  7. Cross References  Medication Aide Registry, see section 71-6727.
38-3801.  EMS Personnel Licensure Interstate Compact.The State of Nebraska adopts the EMS Personnel Licensure Interstate Compact in the form substantially as follows:ARTICLE 1. PURPOSEIn order to protect the public through verification of competency and ensure accountability for patient-care-related activities, all states license emergency medical services personnel, such as emergency medical technicians, advanced emergency medical technicians, and paramedics. The EMS Personnel Licensure Interstate Compact is intended to facilitate the day-to-day movement of emergency medical services personnel across state boundaries in the performance of their emergency medical services duties as assigned by an appropriate authority and authorize state emergency medical services offices to afford immediate legal recognition to emergency medical services personnel licensed in a member state. This compact recognizes that states have a vested interest in protecting the public's health and safety through their licensing and regulation of emergency medical services personnel and that such state regulation shared among the member states will best protect public health and safety. This compact is designed to achieve the following purposes and objectives:1. Increase public access to emergency medical services personnel;2. Enhance the states' ability to protect the public's health and safety, especially patient safety;3. Encourage the cooperation of member states in the areas of emergency medical services personnel licensure and regulation;4. Support licensing of military members who are separating from an active duty tour and their spouses;5. Facilitate the exchange of information between member states regarding emergency medical services personnel licensure, adverse action, and significant investigatory information;6. Promote compliance with the laws governing emergency medical services personnel practice in each member state; and7. Invest all member states with the authority to hold emergency medical services personnel accountable through the mutual recognition of member state licenses.ARTICLE 2. DEFINITIONSIn the EMS Personnel Licensure Interstate Compact:A. Advanced emergency medical technician (AEMT) means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.B. Adverse action means any administrative, civil, equitable, or criminal action permitted by a state's laws which may be imposed against licensed EMS personnel by a state EMS authority or state court, including, but not limited to, actions against an individual's license such as revocation, suspension, probation, consent agreement, monitoring, or other limitation or encumbrance on the individual's practice, letters of reprimand or admonition, fines, criminal convictions, and state court judgments enforcing adverse actions by the state EMS authority.C. Alternative program means a voluntary, nondisciplinary substance abuse recovery program approved by a state EMS authority.D. Certification means the successful verification of entry-level cognitive and psychomotor competency using a reliable, validated, and legally defensible examination.E. Commission means the national administrative body of which all states that have enacted the compact are members.F. Emergency medical services (EMS) means services provided by emergency medical services personnel.G. Emergency medical services (EMS) personnel includes emergency medical technicians, advanced emergency medical technicians, and paramedics.H. Emergency medical technician (EMT) means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.I. Home state means a member state where an individual is licensed to practice emergency medical services.J. License means the authorization by a state for an individual to practice as an EMT, an AEMT, or a paramedic.K. Medical director means a physician licensed in a member state who is accountable for the care delivered by EMS personnel.L. Member state means a state that has enacted the EMS Personnel Licensure Interstate Compact.M. Privilege to practice means an individual's authority to deliver emergency medical services in remote states as authorized under this compact.N. Paramedic means an individual licensed with cognitive knowledge and a scope of practice that corresponds to that level in the National EMS Education Standards and National EMS Scope of Practice Model.O. Remote state means a member state in which an individual is not licensed.P. Restricted means the outcome of an adverse action that limits a license or the privilege to practice.Q. Rule means a written statement by the commission promulgated pursuant to Article 12 of this compact that is of general applicability; implements, interprets, or prescribes a policy or provision of this compact; or is an organizational, procedural, or practice requirement of the commission and has the force and effect of statutory law in a member state and includes the amendment, repeal, or suspension of an existing rule.R. Scope of practice means defined parameters of various duties or services that may be provided by an individual with specific credentials. Whether regulated by rule, statute, or court decision, it tends to represent the limits of services an individual may perform.S. Significant investigatory information means:1. Investigative information that a state EMS authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proved true, would result in the imposition of an adverse action on a license or privilege to practice; or2. Investigative information that indicates that the individual represents an immediate threat to public health and safety regardless of whether the individual has been notified and had an opportunity to respond.T. State means any state, commonwealth, district, or territory of the United States.U. State EMS authority means the board, office, or other agency with the legislative mandate to license EMS personnel.ARTICLE 3. HOME STATE LICENSUREA. Any member state in which an individual holds a current license shall be deemed a home state for purposes of the EMS Personnel Licensure Interstate Compact.B. Any member state may require an individual to obtain and retain a license to be authorized to practice in the member state under circumstances not authorized by the privilege to practice under the terms of this compact.C. A home state's license authorizes an individual to practice in a remote state under the privilege to practice only if the home state:1. Currently requires the use of the National Registry of Emergency Medical Technicians examination as a condition of issuing initial licenses at the EMT and paramedic levels;2. Has a mechanism in place for receiving and investigating complaints about individuals;3. Notifies the commission, in compliance with the terms of this compact, of any adverse action or significant investigatory information regarding an individual;4. No later than five years after activation of this compact, requires a criminal background check of all applicants for initial licensure, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation with the exception of federal employees who have suitability determination in accordance with 5 C.F.R. 731.202 and submit documentation of such as promulgated in the rules of the commission; and5. Complies with the rules of the commission.ARTICLE 4. COMPACT PRIVILEGE TO PRACTICEA. Member states shall recognize the privilege to practice of an individual license in another member state that is in conformance with Article 3 of the EMS Personnel Licensure Interstate Compact.B. To exercise the privilege to practice under the terms and provisions of this compact, an individual must:1. Be at least eighteen years of age;2. Possess a current unrestricted license in a member state as an EMT, AEMT, paramedic, or state recognized and licensed level with a scope of practice and authority between EMT and paramedic; and3. Practice under the supervision of a medical director.C. An individual providing patient care in a remote state under the privilege to practice shall function within the scope of practice authorized by the home state unless and until modified by an appropriate authority in the remote state as may be defined in the rules of the commission.D. Except as provided in section C of this Article, an individual practicing in a remote state will be subject to the remote state's authority and laws. A remote state may, in accordance with due process and that state's laws, restrict, suspend, or revoke an individual's privilege to practice in the remote state and may take any other necessary actions to protect the health and safety of its citizens. If a remote state takes action, it shall promptly notify the home state and the commission.E. If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.F. If an individual's privilege to practice in any remote state is restricted, suspended, or revoked, the individual shall not be eligible to practice in any remote state until the individual's privilege to practice is restored.ARTICLE 5. CONDITIONS OF PRACTICE IN A REMOTE STATEAn individual may practice in a remote state under a privilege to practice only in the performance of the individual's EMS duties as assigned by an appropriate authority, as defined in the rules of the commission, and under the following circumstances:1. The individual originates a patient transport in a home state and transports the patient to a remote state;2. The individual originates in the home state and enters a remote state to pick up a patient and provide care and transport of the patient to the home state;3. The individual enters a remote state to provide patient care or transport within that remote state;4. The individual enters a remote state to pick up a patient and provide care and transport to a third member state;5. Other conditions as determined by rules promulgated by the commission.ARTICLE 6. RELATIONSHIP TO EMERGENCY MANAGEMENT ASSISTANCE COMPACTUpon a member state's governor's declaration of a state of emergency or disaster that activates the Emergency Management Assistance Compact, all relevant terms and provisions of the compact shall apply and to the extent any terms or provisions of the EMS Personnel Licensure Interstate Compact conflict with the Emergency Management Assistance Compact, the terms of the Emergency Management Assistance Compact shall prevail with respect to any individual practicing in the remote state in response to such declaration.ARTICLE 7. VETERANS, SERVICE MEMBERS SEPARATING FROM ACTIVE DUTY MILITARY, AND THEIR SPOUSESA. Member states shall consider a veteran, an active military service member, and a member of the National Guard and Reserves separating from an active duty tour, and a spouse thereof, who holds a current valid and unrestricted National Registry of Emergency Medical Technicians certification at or above the level of the state license being sought as satisfying the minimum training and examination requirements for such licensure.B. Member states shall expedite the processing of licensure applications submitted by veterans, active military service members, and members of the National Guard and Reserves separating from an active duty tour and their spouses.C. All individuals functioning with a privilege to practice under this Article remain subject to the adverse actions provisions of Article 8 of the EMS Personnel Licensure Interstate Compact.ARTICLE 8. ADVERSE ACTIONSA. A home state shall have exclusive power to impose adverse action against an individual's license issued by the home state.B. If an individual's license in any home state is restricted or suspended, the individual shall not be eligible to practice in a remote state under the privilege to practice until the individual's home state license is restored.1. All home state adverse action orders shall include a statement that the individual's compact privileges are inactive. The order may allow the individual to practice in remote states with prior written authorization from the state EMS authority of both the home state and the remote state.2. An individual currently subject to adverse action in the home state shall not practice in any remote state without prior written authorization from the state EMS authority of both the home state and the remote state.C. A member state shall report adverse actions and any occurrences that the individual's compact privileges are restricted, suspended, or revoked to the commission in accordance with the rules of the commission.D. A remote state may take adverse action on an individual's privilege to practice within that state.E. Any member state may take adverse action against an individual's privilege to practice in that state based on the factual findings of another member state, so long as each state follows its own procedures for imposing such adverse action.F. A home state's state EMS authority shall investigate and take appropriate action with respect to reported conduct in a remote state as it would if such conduct had occurred within the home state. In such cases, the home state's law shall control in determining the appropriate adverse action.G. Nothing in the EMS Personnel Licensure Interstate Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state's laws. Member states must require individuals who enter any alternative programs to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.ARTICLE 9. ADDITIONAL POWERS INVESTED IN A MEMBER STATE'S STATE EMS AUTHORITYA member state's state EMS authority, in addition to any other powers granted under state law, is authorized under the EMS Personnel Licensure Interstate Compact to:1. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a member state's state EMS authority for the attendance and testimony of witnesses, or the production of evidence from another member state, shall be enforced in the remote state by any court of competent jurisdiction, according to that court's practice and procedure in considering subpoenas issued in its own proceedings. The issuing state EMS authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence is located; and2. Issue cease and desist orders to restrict, suspend, or revoke an individual's privilege to practice in the state.ARTICLE 10. ESTABLISHMENT OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICEA. The member states hereby create and establish a joint public agency known as the Interstate Commission for EMS Personnel Practice.1. The commission is a body politic and an instrumentality of the member states.2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.3. Nothing in the EMS Personnel Licensure Interstate Compact shall be construed to be a waiver of sovereign immunity.B. Membership, Voting, and Meetings1. Each member state shall have and be limited to one delegate. The responsible official of the state EMS authority or his or her designee shall be the delegate to this compact for each member state. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. Any vacancy occurring in the commission shall be filled in accordance with the laws of the member state in which the vacancy exists. In the event that more than one board, office, or other agency with the legislative mandate to license EMS personnel at and above the level of EMT exists, the Governor of the member state will determine which entity will be responsible for assigning the delegate.2. Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.3. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.4. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article 12 of this compact.5. The commission may convene in a closed, nonpublic meeting if the commission must discuss:a. Noncompliance of a member state with its obligations under this compact;b. The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures;c. Current, threatened, or reasonably anticipated litigation;d. Negotiation of contracts for the purchase or sale of goods, services, or real estate;e. Accusing any person of a crime or formally censuring any person;f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;h. Disclosure of investigatory records compiled for law enforcement purposes;i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; orj. Matters specifically exempted from disclosure by federal or member state statute.6. If a meeting, or portion of a meeting, is closed pursuant to this Article, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons for the actions, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.C. The commission shall, by a majority vote of the delegates, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including, but not limited to:1. Establishing the fiscal year of the commission;2. Providing reasonable standards and procedures:a. For the establishment and meetings of other committees; andb. Governing any general or specific delegation of any authority or function of the commission;3. Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings, and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals, and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the membership votes to close a meeting in whole or in part. As soon as practicable, the commission must make public a copy of the vote to close the meeting revealing the vote of each member with no proxy votes allowed;4. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission;5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar laws of any member state, the bylaws shall exclusively govern the personnel policies and programs of the commission;6. Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees;7. Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations;8. The commission shall publish its bylaws and file a copy thereof, and a copy of any amendment thereto, with the appropriate agency or officer in each of the member states, if any.9. The commission shall maintain its financial records in accordance with the bylaws.10. The commission shall meet and take such actions as are consistent with this compact and the bylaws.D. The commission shall have the following powers:1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the force and effect of law and shall be binding in all member states;2. To bring and prosecute legal proceedings or actions in the name of the commission. The standing of any state EMS authority or other regulatory body responsible for EMS personnel licensure to sue or be sued under applicable law shall not be affected;3. To purchase and maintain insurance and bonds;4. To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this compact, and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same. At all times the commission shall strive to avoid any appearance of impropriety or conflict of interest;7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed. At all times the commission shall strive to avoid any appearance of impropriety;8. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;9. To establish a budget and make expenditures;10. To borrow money;11. To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws;12. To provide and receive information from, and to cooperate with, law enforcement agencies;13. To adopt and use an official seal; and14. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of EMS personnel licensure and practice.E. Financing of the Commission1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.2. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.3. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.4. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any of the member states, except by and with the authority of the member state.5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.F. Qualified Immunity, Defense, and Indemnification1. The members, officers, executive director, employees, and representatives of the commission shall have no greater liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties, or responsibilities, than a state employee would have under the same or similar circumstances. Nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.2. The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities. Nothing in this paragraph shall be construed to prohibit that person from retaining his or her own counsel. The commission shall provide such defense if the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.3. The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, if the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.ARTICLE 11. COORDINATED DATABASEA. The commission shall provide for the development and maintenance of a coordinated database and reporting system containing licensure, adverse action, and significant investigatory information on all licensed individuals in member states.B. A member state shall submit a uniform data set to the coordinated database on all individuals to whom the EMS Personnel Licensure Interstate Compact is applicable as required by the rules of the commission, including:1. Identifying information;2. Licensure data;3. Significant investigatory information;4. Adverse actions against an individual's license;5. An indicator that an individual's privilege to practice is restricted, suspended, or revoked;6. Nonconfidential information related to alternative program participation;7. Any denial of application for licensure, and the reason for such denial; and8. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.C. The coordinated database administrator shall promptly notify all member states of any adverse action taken against, or significant investigative information on, any individual in a member state.D. Member states contributing information to the coordinated database may designate information that may not be shared with the public without the express permission of the contributing state.E. Any information submitted to the coordinated database that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the coordinated database.ARTICLE 12. RULEMAKINGA. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the EMS Personnel Licensure Interstate Compact, then such rule shall have no further force and effect in any member state.C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.D. Prior to promulgation and adoption of a final rule or rules by the commission, and at least sixty days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:1. On the website of the commission; and2. On the website of each member state's state EMS authority or the publication in which each state would otherwise publish proposed rules.E. The notice of proposed rulemaking shall include:1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;2. The text of the proposed rule or amendment and the reason for the proposed rule;3. A request for comments on the proposed rule from any interested person; and4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.F. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.G. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:1. At least twenty-five persons;2. A governmental subdivision or agency; or3. An association having at least twenty-five members.H. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing.1. All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the commission from making a transcript or recording of the hearing if it so chooses.4. Nothing in this Article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this Article.I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received.J. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.K. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.L. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing. The usual rulemaking procedures provided in this compact and in this Article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For purposes of this paragraph, an emergency rule is one that must be adopted immediately in order to:1. Meet an imminent threat to public health, safety, or welfare;2. Prevent a loss of commission or member state funds;3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or4. Protect public health and safety.M. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.ARTICLE 13. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENTA. Oversight1. The executive, legislative, and judicial branches of state government in each member state shall enforce the EMS Personnel Licensure Interstate Compact and take all actions necessary and appropriate to effectuate this compact's purposes and intent. This compact and the rules promulgated under this compact shall have standing as statutory law.2. All courts shall take judicial notice of this compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.3. The commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.B. Default, Technical Assistance, and Termination1. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the commission; andb. Provide remedial training and specific technical assistance regarding the default.2. If a state in default fails to cure the default, the defaulting state may be terminated from this compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.3. Termination of membership in this compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature or the speaker if no such leaders exist, and each of the member states.4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.5. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this compact, unless agreed upon in writing between the commission and the defaulting state.6. The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.C. Dispute Resolution1. Upon request by a member state, the commission shall attempt to resolve disputes related to this compact that arise among member states and between member and nonmember states.2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.D. Enforcement1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.2. By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with this compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.3. The remedies in this Article shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.ARTICLE 14. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR EMS PERSONNEL PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTA. The EMS Personnel Licensure Interstate Compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of this compact.B. Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.C. Any member state may withdraw from this compact by enacting a statute repealing the same.1. A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.2. Withdrawal shall not affect the continuing requirement of the withdrawing state's state EMS authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal.D. Nothing contained in this compact shall be construed to invalidate or prevent any EMS personnel licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with this compact.E. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.ARTICLE 15. CONSTRUCTION AND SEVERABILITYThe EMS Personnel Licensure Interstate Compact shall be liberally construed so as to effectuate the purposes thereof. If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states. Nothing in this compact supersedes state law or rules related to licensure of EMS agencies.Source Laws 2018, LB1034,  69. Cross References  Emergency Management Assistance Compact, see section 1-124, Appendix, Nebraska Revised Statutes, Volume 2A.
38-3901.  Psychology Interjurisdictional Compact.The State of Nebraska adopts the Psychology Interjurisdictional Compact substantially as follows:ARTICLE IPURPOSEStates license psychologists in order to protect the public through verification of education, training, and experience and ensure accountability for professional practice.The Psychology Interjurisdictional Compact is intended to regulate the day-to-day practice of telepsychology, the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority.The Compact is intended to regulate the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for thirty days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority.The Compact is intended to authorize state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state.The Compact recognizes that states have a vested interest in protecting the publics health and safety through licensing and regulation of psychologists and that such state regulation will best protect public health and safety.The Compact does not apply when a psychologist is licensed in both the home and receiving states.The Compact does not apply to permanent in-person, face-to-face practice; it does allow for authorization of temporary psychological practice.Consistent with these principles, the Compact is designed to achieve the following purposes and objectives:1. Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services into a state which the psychologist is not licensed to practice psychology;2. Enhance the states ability to protect the publics health and safety, especially client or patient safety;3. Encourage the cooperation of compact states in the areas of psychology licensure and regulation;4. Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history;5. Promote compliance with the laws governing psychological practice in each compact state; and6. Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.ARTICLE IIDEFINITIONSA. Adverse action means any action taken by a state psychology regulatory authority which finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.B. Association of State and Provincial Psychology Boards means the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.C. Authority to practice interjurisdictional telepsychology means a licensed psychologists authority to practice telepsychology, within the limits authorized under the Psychology Interjurisdictional Compact, in another compact state.D. Bylaws means those bylaws established by the Commission pursuant to Article X for its governance, or for directing and controlling its actions and conduct.E. Client or patient means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, and/or consulting services.F. Commission means the Psychology Interjurisdictional Compact Commission which is the national administration of which all compact states are members.G. Commissioner means the voting representative appointed by each state psychology regulatory authority pursuant to Article X.H. Compact state means a state, the District of Columbia, or a United States territory that has enacted the Compact and which has not withdrawn pursuant to Article XIII, subsection C or been terminated pursuant to Article XII, subsection B.I. Coordinated Licensure Information System means an integrated process for collecting, storing, and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.J. Confidentiality means the principle that data or information is not made available or disclosed to unauthorized persons or processes.K. Day means any part of a day in which psychological work is performed.L. Distant state means the compact state where a psychologist is physically present, not through using telecommunications technologies, to provide temporary in-person, face-to-face psychological services.M. E.Passport means a certificate issued by the Association of State and Provincial Psychology Boards that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.N. Executive board means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.O. Home state means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychology services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.P. Identity history summary means a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.Q. In-person, face-to-face means interactions in which the psychologist and the client or patient are in the same physical space and which does not include interactions that may occur through the use of telecommunication technologies.R. Interjurisdictional Practice Certificate means a certificate issued by the Association of State and Provincial Psychology Boards that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily and verification of ones qualifications for such practice.S. License means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.T. Noncompact state means any state which is not at the time a compact state.U. Psychologist means an individual licensed for the independent practice of psychology.V. Receiving state means a compact state where the client or patient is physically located when the telepsychology services are delivered.W. Rule means a written statement by the Commission promulgated pursuant to Article XI that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal, or suspension of an existing rule.X. Significant investigatory information means:1. Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or2. Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified or had an opportunity to respond.Y. State means a state, commonwealth, territory, or possession of the United States or the District of Columbia.Z. State psychology regulatory authority means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.AA. Telepsychology means the provision of psychological services using telecommunication technologies.BB. Temporary authorization to practice means a licensed psychologist's authority to conduct temporary in-person, face-to-face practice, within the limits authorized under the Compact, in another compact state.CC. Temporary in-person, face-to-face practice means the practice of psychology in which a psychologist is physically present, not through using telecommunications technologies, in the distant state to provide for the practice of psychology for thirty days within a calendar year and based on notification to the distant state.ARTICLE IIIHOME STATE LICENSUREA. The home state shall be a compact state where a psychologist is licensed to practice psychology.B. A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of the Psychology Interjurisdictional Compact.C. Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of the Psychology Interjurisdictional Compact.D. Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of the Compact.E. A home states license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:1. Currently requires the psychologist to hold an active E.Passport;2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;3. Notifies the Commission, in compliance with the terms of the Compact, of any adverse action or significant investigatory information regarding a licensed individual;4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than ten years after activation of the Compact; and5. Complies with the bylaws and rules of the Commission.F. A home states license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:1. Currently requires the psychologist to hold an active Interjurisdictional Practice Certificate;2. Has a mechanism in place for receiving and investigating complaints about licensed individuals;3. Notifies the Commission, in compliance with the terms of the Compact, of any adverse action or significant investigatory information regarding a licensed individual;4. Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than ten years after activation of the Compact; and5. Complies with the bylaws and rules of the Commission.ARTICLE IVCOMPACT PRIVILEGE TO PRACTICE TELEPSYCHOLOGYA. Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in the Psychology Interjurisdictional Compact.B. To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of the Compact, a psychologist licensed to practice in a compact state must:1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:a. Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees, or authorized by provincial statute or Royal Charter to grant doctoral degrees; orb. A foreign college or university deemed to be equivalent to subdivision 1a of this subsection by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services or by a recognized foreign credential evaluation service; and2. Hold a graduate degree in psychology that meets the following criteria:a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;d. The program must consist of an integrated, organized sequence of study;e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;f. The designated director of the program must be a psychologist and a member of the core faculty;g. The program must have an identifiable body of students who are matriculated in that program for a degree;h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;i. The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of fulltime graduate study for masters degrees;j. The program includes an acceptable residency as defined by the rules of the Commission.3. Possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state;4. Have no history of adverse action that violates the rules of the Commission;5. Have no criminal record history reported on an identity history summary that violates the rules of the Commission;6. Possess a current, active E.Passport;7. Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology; criminal background; and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and8. Meet other criteria as defined by the rules of the Commission.C. The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.D. A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving states authority and laws. A receiving state may, in accordance with that states due process law, limit or revoke a psychologists authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving states applicable law to protect the health and safety of the receiving states citizens. If a receiving state takes action, the state shall promptly notify the home state and the Commission.E. If a psychologists license in any home state, another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended, or otherwise limited, the E.Passport shall be revoked and therefor the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.ARTICLE VCOMPACT TEMPORARY AUTHORIZATION TO PRACTICEA. Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in the Psychology Interjurisdictional Compact.B. To exercise the temporary authorization to practice under the terms and provisions of the Compact, a psychologist licensed to practice in a compact state must:1. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:a. Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees, or authorized by provincial statute or Royal Charter to grant doctoral degrees; orb. A foreign college or university deemed to be equivalent to subdivision 1a of this subsection by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services or by a recognized foreign credential evaluation service; and2. Hold a graduate degree in psychology that meets the following criteria:a. The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;b. The psychology program must stand as a recognizable, coherent, organizational entity within the institution;c. There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;d. The program must consist of an integrated, organized sequence of study;e. There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;f. The designated director of the program must be a psychologist and a member of the core faculty;g. The program must have an identifiable body of students who are matriculated in that program for a degree;h. The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;i. The curriculum shall encompass a minimum of three academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of fulltime graduate study for masters degrees;j. The program includes an acceptable residency as defined by the rules of the Commission.3. Possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state;4. No history of adverse action that violates the rules of the Commission;5. No criminal record history that violates the rules of the Commission;6. Possess a current, active Interjurisdictional Practice Certificate;7. Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and8. Meet other criteria as defined by the rules of the Commission.C. A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.D. A psychologist practicing into a distant state under the temporary authorization to practice will be subject to the distant states authority and law. A distant state may, in accordance with that states due process law, limit or revoke a psychologists temporary authorization to practice in the distant state and may take any other necessary actions under the distant states applicable law to protect the health and safety of the distant states citizens. If a distant state takes action, the state shall promptly notify the home state and the Commission.E. If a psychologists license in any home state, another compact state, or any temporary authorization to practice in any distant state, is restricted, suspended, or otherwise limited, the Interjurisdictional Practice Certificate shall be revoked and therefor the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.ARTICLE VICONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING STATEA psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:1. The psychologist initiates a client or patient contact in a home state via telecommunications technologies with a client or patient in a receiving state;2. Other conditions regarding telepsychology as determined by rules promulgated by the Commission.ARTICLE VIIADVERSE ACTIONSA. A home state shall have the power to impose adverse action against a psychologists license issued by the home state. A distant state shall have the power to take adverse action on a psychologists temporary authorization to practice within that distant state.B. A receiving state may take adverse action on a psychologist's authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.C. If a home state takes adverse action against a psychologists license, that psychologists authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologists temporary authorization to practice is terminated and the Interjurisdictional Practice Certificate is revoked.1. All home state disciplinary orders which impose adverse action shall be reported to the Commission in accordance with the rules promulgated by the Commission. A compact state shall report adverse actions in accordance with the rules of the Commission.2. In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in-person, face-to-face practice in accordance with the rules of the Commission.3. Other actions may be imposed as determined by the rules promulgated by the Commission.D. A home states state psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home states law shall control in determining any adverse action against a psychologists license.E. A distant state's state psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization practice which occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, distant state's law shall control in determining any adverse action against a psychologists temporary authorization to practice.F. Nothing in the Psychology Interjurisdictional Compact shall override a compact states decision that a psychologists participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the compact states law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.G. No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection C of this Article.ARTICLE VIIIADDITIONAL AUTHORITIES INVESTED IN A COMPACT STATES STATE PSYCHOLOGY REGULATORY AUTHORITYIn addition to any other powers granted under state law, a compact states state psychology regulatory authority shall have the authority under the Psychology Interjurisdictional Compact to:1. Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact states state psychology regulatory authority for the attendance and testimony of witnesses, or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that courts practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage fees, and other fees required by the service statutes of the state where the witnesses or evidence are located; and2. Issue cease and desist orders, injunctive relief orders, or both to revoke a psychologists authority to practice interjurisdictional telepsychology, temporary authorization to practice, or both.3. During the course of any investigation, a psychologist may not change his or her home state licensure. A home state's state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state's state psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of the investigation, the psychologist may change his or her home state licensure. The Commission shall promptly notify the new home state of any such decisions as provided in the rules of the Commission. All information provided to the Commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal, and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by compact states.ARTICLE IXCOORDINATED LICENSURE INFORMATION SYSTEMA. The Commission shall provide for the development and maintenance of a Coordinated Licensure Information System (Coordinated Database) and reporting system containing licensure and disciplinary action information on all psychologists or individuals to whom the Psychology Interjurisdictional Compact is applicable in all compact states as defined by the rules of the Commission.B. Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the Coordinated Database on all licensees as required by the rules of the Commission, including:1. Identifying information;2. Licensure data;3. Significant investigatory information;4. Adverse actions against a psychologists license;5. An indicator that a psychologists authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked;6. Nonconfidential information related to alternative program participation information;7. Any denial of application for licensure, and the reasons for such denial; and8. Other information which may facilitate the administration of the Compact, as determined by the rules of the Commission.C. The Coordinated Database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.D. Compact states reporting information to the Coordinated Database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.E. Any information submitted to the Coordinated Database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the Coordinated Database.ARTICLE XESTABLISHMENT OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSIONA. The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.1. The Commission is a body politic and an instrumentality of the compact states.2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.3. Nothing in the Psychology Interjurisdictional Compact shall be construed to be a waiver of sovereign immunity.B. Membership, Voting, and Meetings1. The Commission shall consist of one voting representative appointed by each compact state who shall serve as that states Commissioner. The state psychology regulatory authority shall appoint the state's delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to:a. Executive director, executive secretary, or similar executive;b. Current member of the state psychology regulatory authority of a compact state; orc. Designee empowered with the appropriate delegate authority to act on behalf of the compact state.2. Any Commissioner may be removed or suspended from office as provided by the law of the state from which the Commissioner is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.3. Each Commissioner shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A Commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for Commissioners participation in meetings by telephone or other means of communication.4. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.5. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article XI.6. The Commission may convene in a closed, nonpublic meeting if the Commission must discuss:a. Noncompliance of a compact state with its obligations under the Compact;b. The employment, compensation, discipline, or other personnel matters, practices, or procedures related to specific employees or other matters related to the Commissions internal personnel practices and procedures;c. Current, threatened, or reasonably anticipated litigation against the Commission;d. Negotiation of contracts for the purchase or sale of goods, services, or real estate;e. Accusation against any person of a crime or formally censuring any person;f. Disclosure of trade secrets or commercial or financial information which is privileged or confidential;g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;h. Disclosure of investigatory records compiled for law enforcement purposes;i. Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact; orj. Matters specifically exempted from disclosure by federal and state statute.7. If a meeting, or portion of a meeting, is closed pursuant to this Article, the Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.C. The Commission shall, by a majority vote of the Commissioners, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the Compact, including, but not limited to:1. Establishing the fiscal year of the Commission;2. Providing reasonable standards and procedures:a. For the establishment and meetings of other committees; andb. Governing any general or specific delegation of any authority or function of the Commission;3. Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the publics interest, the privacy of individuals of such proceedings, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed;4. Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the Commission;5. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the Commission;6. Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees;7. Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of the Compact after the payment, reserving, or both of all of its debts and obligations;8. The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states;9. The Commission shall maintain its financial records in accordance with the bylaws; and10. The Commission shall meet and take such actions as are consistent with the provisions of the Compact and the bylaws.D. The Commission shall have the following powers:1. The authority to promulgate uniform rules to facilitate and coordinate implementation and administration of the Compact. The rules shall have the force and effect of law and shall be binding in all compact states;2. To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;3. To purchase and maintain insurance and bonds;4. To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a compact state;5. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;6. To accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety or conflict of interest;7. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;8. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;9. To establish a budget and make expenditures;10. To borrow money;11. To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in the Compact and the bylaws;12. To provide and receive information from, and to cooperate with, law enforcement agencies;13. To adopt and use an official seal; and14. To perform such other functions as may be necessary or appropriate to achieve the purposes of the Compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice, and telepsychology practice.E. The Executive BoardThe elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of the Compact.1. The Executive Board shall be comprised of six members:a. Five voting members who are elected from the current membership of the Commission by the Commission; andb. One ex officio, nonvoting member from the recognized membership organization composed of State and Provincial Psychology Regulatory Authorities.2. The ex officio member must have served as staff or member on a state psychology regulatory authority and will be selected by its respective organization.3. The Commission may remove any member of the Executive Board as provided in bylaws.4. The Executive Board shall meet at least annually.5. The Executive Board shall have the following duties and responsibilities:a. Recommend to the entire Commission changes to the rules or bylaws, changes to the Compact, fees paid by compact states such as annual dues, and any other applicable fees;b. Ensure Compact administration services are appropriately provided, contractual or otherwise;c. Prepare and recommend the budget;d. Maintain financial records on behalf of the Commission;e. Monitor Compact compliance of member states and provide compliance reports to the Commission;f. Establish additional committees as necessary; andg. Other duties as provided in rules or bylaws.F. Financing of the Commission1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.3. The Commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission which shall promulgate a rule binding upon all compact states.4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the compact states, except by and with the authority of the compact state.5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.G. Qualified Immunity, Defense, and Indemnification1. The members, officers, executive director, employees, and representatives of the Commission shall have no greater liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities, than a state employee would have under the same or similar circumstances; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.2. The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that persons intentional or willful or wanton misconduct.3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.ARTICLE XIRULEMAKINGA. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.B. If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Psychology Interjurisdictional Compact, then such rule shall have no further force and effect in any compact state.C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least sixty days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:1. On the website of the Commission; and2. On the website of each compact state's state psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.E. The notice of proposed rulemaking shall include:1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;2. The text of the proposed rule or amendment and the reason for the proposed rule;3. A request for comments on the proposed rule from any interested person; and4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.F. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:1. At least twenty-five persons who submit comments independently of each other;2. A governmental subdivision or agency; or3. A duly appointed person in an association that has at least twenty-five members.H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.3. No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.4. Nothing in this Article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this Article.I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.J. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this paragraph, an emergency rule is one that must be adopted immediately in order to:1. Meet an imminent threat to public health, safety, or welfare;2. Prevent a loss of Commission or compact state funds;3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or4. Protect public health and safety.M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.ARTICLE XIIOVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENTA. Oversight1. The executive, legislative, and judicial branches of state government in each compact state shall enforce the Psychology Interjurisdictional Compact and take all actions necessary and appropriate to effectuate the Compacts purposes and intent. The Compact and the rules promulgated under the Compact shall have standing as statutory law.2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of the Compact which may affect the powers, responsibilities, or actions of the Commission.3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, the Compact, or promulgated rules.B. Default, Technical Assistance, and Termination1. If the Commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under the Compact or the promulgated rules, the Commission shall:a. Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the default, or any other action to be taken by the Commission; andb. Provide remedial training and specific technical assistance regarding the default.2. If a state in default fails to remedy the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by the Compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the Commission to the Governor, the majority and minority leaders of the defaulting state's legislature or the Speaker if no such leaders exist, and each of the compact states.4. A compact state which has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.5. The Commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.6. The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.C. Dispute Resolution1. Upon request by a compact state, the Commission shall attempt to resolve disputes related to the Compact which arise among compact states and between compact and noncompact states.2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the Commission.D. Enforcement1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact.2. By majority vote, the Commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices against a compact state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.3. The remedies in this Article shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.ARTICLE XIIIDATE OF IMPLEMENTATION OF THE PSYCHOLOGY INTERJURISDICTIONAL COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTSA. The Psychology Interjurisdictional Compact shall come into effect on the date on which the Compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.B. Any state which joins the Compact subsequent to the Commissions initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule which has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.C. Any compact state may withdraw from this Compact by enacting a statute repealing the same.1. A compact states withdrawal shall not take effect until six months after enactment of the repealing statute.2. Withdrawal shall not affect the continuing requirement of the withdrawing states state psychology regulatory authority to comply with the investigative and adverse action reporting requirements of the Compact prior to the effective date of withdrawal.D. Nothing contained in the Compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a noncompact state which does not conflict with the Compact.E. The Compact may be amended by the compact states. No amendment to the Compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.ARTICLE XIVCONSTRUCTION AND SEVERABILITYThe Psychology Interjurisdictional Compact shall be liberally construed so as to effectuate the purposes of the Compact. If the Compact shall be held contrary to the constitution of any state which is a member of the Compact, the Compact shall remain in full force and effect as to the remaining compact states.Source Laws 2018, LB1034,  70. 
38-4001.  Physical Therapy Licensure Compact.The State of Nebraska adopts the Physical Therapy Licensure Compact in the form substantially as follows:ARTICLE IPURPOSEa. The purpose of the Physical Therapy Licensure Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient or client is located at the time of the patient or client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.b. This Compact is designed to achieve the following objectives:1. Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;2. Enhance the states ability to protect the publics health and safety;3. Encourage the cooperation of member states in regulating multistate physical therapy practice;4. Support spouses of relocating military members;5. Enhance the exchange of licensure, investigative, and disciplinary information between member states; and6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that states practice standards.ARTICLE IIDEFINITIONSAs used in the Physical Therapy Licensure Compact, and except as otherwise provided, the following definitions shall apply:1. Active duty military means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. 1209 and 1211.2. Adverse action means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.3. Alternative program means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.4. Commission means the Physical Therapy Compact Commission which is the national administrative body whose membership consists of all states that have enacted the Compact.5. Compact privilege means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient or client is located at the time of the patient or client encounter.6. Continuing competence means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work.7. Data system means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.8. Encumbered license means a license that a physical therapy licensing board has limited in any way.9. Executive board means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.10. Home state means the member state that is the licensees primary state of residence.11. Investigative information means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.12. Jurisprudence requirement means the assessment of an individuals knowledge of the laws and rules governing the practice of physical therapy in a state.13. Licensee means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.14. Member state means a state that has enacted the Compact.15. Party state means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.16. Physical therapist means an individual who is licensed by a state to practice physical therapy.17. Physical therapist assistant means an individual who is licensed or certified by a state and who assists the physical therapist in selected components of physical therapy.18. Physical therapy, physical therapy practice, and the practice of physical therapy mean the care and services provided by or under the direction and supervision of a licensed physical therapist.19. Physical therapy licensing board means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.20. Remote state means a member state, other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.21. Rule means a regulation, principle, or directive promulgated by the Commission that has the force of law.22. State means any state, commonwealth, district, or territory of the United States that regulates the practice of physical therapy.ARTICLE IIISTATE PARTICIPATION IN THE COMPACTa. To participate in the Physical Therapy Licensure Compact, a state must:1. Participate fully in the Commissions data system, including using the Commissions unique identifier as defined in rules;2. Have a mechanism in place for receiving and investigating complaints about licensees;3. Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;4. Fully implement a criminal background check requirement, within a timeframe established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with this Article;5. Comply with the rules of the Commission;6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and7. Have continuing competence requirements as a condition for license renewal.b. Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. 534 and 34 U.S.C. 40316.c. A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.d. Member states may charge a fee for granting a compact privilege.ARTICLE IVCOMPACT PRIVILEGEa. To exercise the compact privilege under the terms and provisions of the Physical Therapy Licensure Compact, the licensee shall:1. Hold a license in the home state;2. Have no encumbrance on any state license;3. Be eligible for a compact privilege in any member state in accordance with paragraphs d, g, and h of this Article;4. Have not had any adverse action against any license or compact privilege within the previous two years;5. Notify the Commission that the licensee is seeking the compact privilege within a remote state;6. Pay any applicable fees, including any state fee, for the compact privilege;7. Meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and8. Report to the Commission adverse action taken by any nonmember state within thirty days from the date the adverse action is taken.b. The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of paragraph a of this Article to maintain the compact privilege in the remote state.c. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.d. A licensee providing physical therapy in a remote state is subject to that states regulatory authority. A remote state may, in accordance with due process and that states laws, remove a licensees compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.e. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:1. The home state license is no longer encumbered; and2. Two years have elapsed from the date of the adverse action.f. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of paragraph a of this Article to obtain a compact privilege in any remote state.g. If a licensees compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:1. The specific period of time for which the compact privilege was removed has ended;2. All fines have been paid; and3. Two years have elapsed from the date of the adverse action.h. Once the requirements of paragraph g of this Article have been met, the licensee must meet the requirements in paragraph a of this Article to obtain a compact privilege in a remote state.ARTICLE VACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSESA licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:a. Home of record;b. Permanent change of station (PCS); orc. State of current residence if it is different than the PCS state or home of record.ARTICLE VIADVERSE ACTIONSa. A home state shall have exclusive power to impose adverse action against a license issued by the home state.b. A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.c. Nothing in the Physical Therapy Licensure Compact shall override a member states decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member states laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.d. Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.e. A remote state shall have the authority to:1. Take adverse actions as set forth in paragraph d of Article IV against a licensees compact privilege in the state;2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and3. If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.f. Joint Investigations1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.ARTICLE VIIESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT COMMISSIONa. The member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:1. The Commission is an instrumentality of the Compact states.2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.3. Nothing in the Physical Therapy Licensure Compact shall be construed to be a waiver of sovereign immunity.b. Membership, Voting, and Meetings1. Each member state shall have and be limited to one delegate selected by that member states physical therapy licensing board.2. The delegate shall be a current member of the physical therapy licensing board, who is a physical therapist, a physical therapist assistant, a public member, or the administrator of the physical therapy licensing board.3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.4. The member state physical therapy licensing board shall fill any vacancy occurring in the Commission.5. Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates participation in meetings by telephone or other means of communication.7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.c. The Commission shall have the following powers and duties:1. Establish the fiscal year of the Commission;2. Establish bylaws;3. Maintain its financial records in accordance with the bylaws;4. Meet and take such actions as are consistent with the Compact and the bylaws;5. Promulgate uniform rules to facilitate and coordinate implementation and administration of the Compact. The rules shall have the force and effect of law and shall be binding in all member states;6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;7. Purchase and maintain insurance and bonds;8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;13. Establish a budget and make expenditures;14. Borrow money;15. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in the Compact and the bylaws;16. Provide and receive information from, and cooperate with, law enforcement agencies;17. Establish and elect an executive board; and18. Perform such other functions as may be necessary or appropriate to achieve the purposes of the Compact consistent with the state regulation of physical therapy licensure and practice.d. The Executive BoardThe executive board shall have the power to act on behalf of the Commission according to the terms of the Compact.1. The executive board shall be composed of nine members:A. Seven voting members who are elected by the Commission from the current membership of the Commission;B. One ex officio, nonvoting member from the recognized national physical therapy professional association; andC. One ex officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.2. The ex officio members will be selected by their respective organizations.3. The Commission may remove any member of the executive board as provided in bylaws.4. The executive board shall meet at least annually.5. The executive board shall have the following duties and responsibilities:A. Recommend to the entire Commission changes to the rules or bylaws, changes to the Compact, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;B. Ensure Compact administration services are appropriately provided, contractual or otherwise;C. Prepare and recommend the budget;D. Maintain financial records on behalf of the Commission;E. Monitor Compact compliance of member states and provide compliance reports to the Commission;F. Establish additional committees as necessary; andG. Other duties as provided in rules or bylaws.e. Meetings of the Commission1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article IX.2. The Commission or the executive board or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or executive board or other committees of the Commission must discuss:A. Noncompliance of a member state with its obligations under the Compact;B. The employment, compensation, discipline, or other matters, practices or procedures related to specific employees or other matters related to the Commissions internal personnel practices and procedures;C. Current, threatened, or reasonably anticipated litigation;D. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;E. Accusing any person of a crime or formally censuring any person;F. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;G. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;H. Disclosure of investigative records compiled for law enforcement purposes;I. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; orJ. Matters specifically exempted from disclosure by federal or member state statute.3. If a meeting, or portion of a meeting, is closed pursuant to this Article, the Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.f. Financing of the Commission1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.g. Qualified Immunity, Defense, and Indemnification1. The members, officers, executive director, employees, and representatives of the Commission shall have no greater liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities, than a state employee would have under the same or similar circumstances; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.2. The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that persons intentional or willful or wanton misconduct.3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.ARTICLE VIIIDATA SYSTEMa. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.b. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom the Physical Therapy Licensure Compact is applicable as required by the rules of the Commission, including:1. Identifying information;2. Licensure data;3. Adverse actions against a license or compact privilege;4. Nonconfidential information related to alternative program participation;5. Any denial of application for licensure, and the reason for such denial; and6. Other information that may facilitate the administration of the Compact, as determined by the rules of the Commission.c. Investigative information pertaining to a licensee in any member state will only be available to other party states.d. The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.e. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.f. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.ARTICLE IXRULEMAKINGa. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.b. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Physical Therapy Licensure Compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.c. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.d. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:1. On the website of the Commission or other publicly accessible platform; and2. On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.e. The notice of proposed rulemaking shall include:1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;2. The text of the proposed rule or amendment and the reason for the proposed rule;3. A request for comments on the proposed rule from any interested person; and4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.f. Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.g. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:1. At least twenty-five persons;2. A state or federal governmental subdivision or agency; or3. An association having at least twenty-five members.h. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.3. All hearings will be recorded. A copy of the recording will be made available on request.4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this Article.i. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.j. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.k. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.l. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this paragraph, an emergency rule is one that must be adopted immediately in order to:1. Meet an imminent threat to public health, safety, or welfare;2. Prevent a loss of Commission or member state funds;3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or4. Protect public health and safety.m. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.ARTICLE XOVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENTa. Oversight1. The executive, legislative, and judicial branches of state government in each member state shall enforce the Physical Therapy Licensure Compact and take all actions necessary and appropriate to effectuate the Compacts purposes and intent. The provisions of the Compact and the rules promulgated under the Compact shall have standing as statutory law.2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the Compact which may affect the powers, responsibilities, or actions of the Commission.3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, the Compact, or promulgated rules.b. Default, Technical Assistance, and Termination1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the Compact or the promulgated rules, the Commission shall:A. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission; andB. Provide remedial training and specific technical assistance regarding the default.2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by the Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting states legislature or the Speaker if no such leaders exist, and each of the member states.4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.6. The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.c. Dispute Resolution1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.d. Enforcement1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact.2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.3. The remedies in this Article shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.ARTICLE XIDATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTa. The Physical Therapy Licensure Compact shall come into effect on the date on which the Compact is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.b. Any state that joins the Compact subsequent to the Commissions initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.c. Any member state may withdraw from the Compact by enacting a statute repealing the same.1. A member states withdrawal shall not take effect until six months after enactment of the repealing statute.2. Withdrawal shall not affect the continuing requirement of the withdrawing states physical therapy licensing board to comply with the investigative and adverse action reporting requirements of the Compact prior to the effective date of withdrawal.d. Nothing contained in the Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the Compact.e. The Compact may be amended by the member states. No amendment to the Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.ARTICLE XIICONSTRUCTION AND SEVERABILITYThe Physical Therapy Licensure Compact shall be liberally construed so as to effectuate the purposes of the Compact. The provisions of the Compact shall be severable and if any phrase, clause, sentence, or provision of the Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of the Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If the Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.Source Laws 2018, LB731,  101. 
38-401.  Act, how cited.Sections 38-401 to 38-414 shall be known and may be cited as the Athletic Training Practice Act.Source  Laws 2007, LB463,  173;  Laws 2022, LB436,  1.   Effective Date: July 21, 2022  
38-402.  Definitions, where found.For purposes of the Athletic Training Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-404 to 38-407.02 apply.Source  Laws 1986, LB 355,  1;  Laws 1996, LB 1044,  477;  Laws 1999, LB 178,  2;  Laws 1999, LB 828,  140;  Laws 2003, LB 242,  65;   R.S.1943, (2003),  71-1,238;  Laws 2007, LB296,  359;  Laws 2007, LB463,  174;  Laws 2022, LB436,  2.   Effective Date: July 21, 2022  
38-404.  Athletic trainer, defined.Athletic trainer means a health care professional who is licensed to practice athletic training under the Athletic Training Practice Act and who, under guidelines established with a licensed physician, performs the functions outlined in section 38-408 except as otherwise provided in subsection (5) of section 38-408.Source  Laws 2007, LB463,  176;  Laws 2022, LB436,  3.   Effective Date: July 21, 2022  
38-406.01.  Condition, defined.Condition means a disease, illness, or injury.Source  Laws 2022, LB436,  4.   Effective Date: July 21, 2022  
38-406.  Board, defined.Board means the Board of Athletic Training.Source Laws 2007, LB463,  178. 
38-407.01.  Impression, defined.Impression means a summation of information or an opinion formed, which is the outcome of the examination and assessment process.Source  Laws 2022, LB436,  5.   Effective Date: July 21, 2022  
38-407.02.  Injuries and illnesses, defined.Injuries and illnesses means injuries or common illnesses and conditions which are related to, or which limit participation in, exercise, athletic activities, recreational activities, or activities requiring physical strength, agility, flexibility, range of motion, speed, or stamina, and for which athletic trainers as a result of their education and training are qualified to provide care and make referrals to the appropriate health care professionals.Source  Laws 2022, LB436,  6.   Effective Date: July 21, 2022  
38-408.  Athletic training; scope of practice; department; duties.(1) As set forth in the Athletic Training Practice Act, the practice of athletic training includes providing the following regarding injuries and illnesses:(a) Prevention and wellness promotion;(b) Examination, assessment, and impression;(c) Immediate and emergency care, including the administration of emergency drugs as prescribed by a licensed physician and dispensed by a pharmacy for emergency use, subject to subsection (2) of this section;(d) Therapeutic intervention or rehabilitation of injuries and illnesses in the manner, means, and methods deemed necessary to affect care, rehabilitation, or function;(e) Therapeutic modalities. For purposes of this subdivision, and except as provided in subsection (9) of this section, therapeutic modalities includes, but is not limited to:(i) Physical modalities; and(ii) Mechanical modalities, including, but not limited to, dry needling; and(f) Health care administration, risk management, and professional responsibility.(2) The department shall adopt and promulgate rules and regulations regarding the administration of emergency drugs as authorized in this section, including drugs, medicines, and medicinal substances as defined in section 38-2819 except for controlled substances listed in section 28-405.(3) The department shall adopt and promulgate rules and regulations regarding the use of dry needling by athletic trainers.(4) The scope of practice of athletic trainers does not include the use of joint manipulation, grade V mobilization/manipulation, thrust joint manipulation, high velocity/low amplitude thrust, nor any other procedure intended to result in joint cavitation. Joint manipulation commences where grades one through four mobilization ends.(5) When athletic training is provided in a hospital outpatient department or clinic, or an outpatient-based medical facility or clinic, the athletic trainer shall perform the functions described in this section with a referral from a licensed physician, osteopathic physician, podiatrist, nurse practitioner, physician assistant, dentist, or chiropractor. The referral shall state the diagnosis and, if deemed necessary, identify any instructions or protocols by the referring provider. In these instances, for each patient under his or her care, the athletic trainer shall ensure documentation is complete, accurate, and timely and shall include the following:(a) Provide and document the initial examination, assessment, and impression;(b) Provide periodic reexamination with documentation of the reexamination, assessment, and impression;(c) Establish a plan of care following either the initial examination or reexamination that is in accordance with the diagnosis and any instructions or protocols indicated by the referring provider;(d) Communicate to the referring provider changes in the patient's condition that may require altering instructions and protocols indicated by the referral from the referring provider;(e) Be responsible for accurate documentation of each followup visit and billing for athletic training services provided; and(f) Provide documentation upon discharge, including patient response to athletic training intervention at the time of discharge.(6) In all other instances, the athletic trainer shall maintain documentation consistent with the guidelines established with a licensed physician and specific to the setting in which the athletic trainer is practicing.(7) An individual who is licensed as an athletic trainer may not provide, offer to provide, or represent that he or she is qualified to provide any care or services that he or she lacks the education, training, or experience to provide or that he or she is otherwise prohibited by law from providing.(8) Pursuant to subdivision (18) of section 38-2025, no athletic trainer shall hold himself or herself out to be a physician or surgeon or qualified to prescribe medications.(9) The application of heat, cold, air, water, or exercise shall not be restricted by the Athletic Training Practice Act.Source  Laws 2007, LB463,  180;  Laws 2022, LB436,  7.   Effective Date: July 21, 2022  
38-409.  License required; exceptions.No person shall be authorized to perform the functions outlined in section 38-408 unless the person first obtains a license as an athletic trainer or unless such person is licensed as a physician, osteopathic physician, chiropractor, nurse, physical therapist, or podiatrist. No person shall hold himself or herself out as an athletic trainer in this state unless such person is licensed under the Athletic Training Practice Act.Source  Laws 1986, LB 355,  3;  Laws 1989, LB 342,  27;  Laws 1999, LB 178,  3;  Laws 2003, LB 242,  67;   R.S.1943, (2003),  71-1,240;  Laws 2007, LB463,  181;  Laws 2022, LB436,  8.   Effective Date: July 21, 2022  
38-410.  Licensure requirements; exemptions.(1) An individual who accompanies an athletic team or organization from another state or jurisdiction as the athletic trainer is exempt from the licensure requirements of the Athletic Training Practice Act.(2) An athletic training student who is enrolled in an athletic training education program accredited by an accrediting body approved by the board is exempt from the licensure requirements of the Athletic Training Practice Act.Source  Laws 1999, LB 178,  4;  Laws 2003, LB 242,  66;   R.S.1943, (2003),  71-1,239.01;  Laws 2007, LB463,  182;  Laws 2022, LB436,  9.   Effective Date: July 21, 2022  
38-4101.  Audiology and Speech-Language Pathology Interstate Compact.The State of Nebraska adopts the Audiology and Speech-Language Pathology Interstate Compact in the form substantially as follows:Article 1 PURPOSEThe purpose of this Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client, or student is located at the time of the patient, client, or student encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.This Compact is designed to achieve the following objectives:(1) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;(2) Enhance the states' ability to protect the public's health and safety;(3) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;(4) Support spouses of relocating active duty military personnel;(5) Enhance the exchange of licensure, investigative, and disciplinary information between member states;(6) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and(7) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.Article 2 DEFINITIONSAs used in this Compact, and except as otherwise provided, the following definitions shall apply:A. Active duty military means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.B. Adverse action means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.C. Alternative program means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.D. Audiologist means an individual who is licensed by a state to practice audiology.E. Audiology means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules.F. Audiology and Speech-Language Pathology Compact Commission or Commission means the national administrative body whose membership consists of all states that have enacted the Compact.G. Audiology and speech-language pathology licensing board, audiology licensing board, speech-language pathology licensing board, or licensing board each means the agency of a state that is responsible for the licensing and regulation of audiologists or speech-language pathologists.H. Compact privilege means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient, client, or student is located at the time of the patient, client, or student encounter.I. Current significant investigative information means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.J. Data system means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action.K. Encumbered license means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and such adverse action has been reported to the National Practitioner Data Bank.L. Executive Committee means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.M. Home state means the member state that is the licensee's primary state of residence.N. Impaired practitioner means an individual whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.O. Licensee means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.P. Member state means a state that has enacted the Compact.Q. Privilege to practice means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.R. Remote state means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.S. Rule means a regulation, principle, or directive promulgated by the Commission that has the force of law.T. Single-state license means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.U. Speech-language pathologist means an individual who is licensed by a state to practice speech-language pathology.V. Speech-language pathology means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules.W. State means any state, commonwealth, district, or territory of the United States that regulates the practice of audiology and speech-language pathology.X. State practice laws means a member state's laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.Y. Telehealth means the application of telecommunication technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention, or consultation.Article 3 STATE PARTICIPATION IN THE COMPACTA. A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state.B. A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.1. A member state must fully implement a criminal background check requirement, within a timeframe established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.2. Communication between a member state, the Commission, and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92-544.C. Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, or whether any adverse action has been taken against any license or privilege to practice held by the applicant.D. Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable state laws.E. For an audiologist:1. Must meet one of the following educational requirements:a. On or before December 31, 2007, has graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board;b. On or after January 1, 2008, has graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; orc. Has graduated from an audiology program that is housed in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;2. Has completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the Commission;3. Has successfully passed a national examination approved by the Commission;4. Holds an active, unencumbered license;5. Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and6. Has a valid United States social security number or National Practitioner Identification number.F. For a speech-language pathologist:1. Must meet one of the following educational requirements:a. Has graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; orb. Has graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States (a) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (b) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;2. Has completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the Commission;3. Has completed a supervised postgraduate professional experience as required by the Commission;4. Has successfully passed a national examination approved by the Commission;5. Holds an active, unencumbered license;6. Has not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law; and7. Has a valid United States social security number or National Practitioner Identification number.G. The privilege to practice is derived from the home state license.H. An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.I. Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single-state license.J. Member states may charge a fee for granting a compact privilege.K. Member states must comply with the bylaws and rules and regulations of the Commission.Article 4 COMPACT PRIVILEGEA. To exercise the compact privilege under the terms and provisions of the Compact, the audiologist or speech-language pathologist shall:1. Hold an active license in the home state;2. Have no encumbrance on any state license;3. Be eligible for a compact privilege in any member state in accordance with Article 3;4. Have not had any adverse action against any license or compact privilege within the previous two years from date of application;5. Notify the Commission that the licensee is seeking the compact privilege within one or more remote states;6. Pay any applicable fees, including any state fee, for the compact privilege;7. Report to the Commission adverse action taken by any nonmember state within thirty days from the date the adverse action is taken.B. For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time.C. Except as provided in Article 6, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission.D. The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.E. A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.F. If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state.G. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of section A of this Article to maintain the compact privilege in the remote state.H. A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.I. A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens.J. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:1. The home state license is no longer encumbered; and2. Two years have elapsed from the date of the adverse action.K. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of section A of this Article to obtain a compact privilege in any remote state.L. Once the requirements of section J of this Article have been met, the licensee must meet the requirements in section A of this Article to obtain a compact privilege in a remote state.Article 5 COMPACT PRIVILEGE TO PRACTICE TELEHEALTHMember states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with Article 3 and under rules promulgated by the Commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.Article 6 ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSESActive duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change the home state through application for licensure in the new state.Article 7 ADVERSE ACTIONSA. In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:1. Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state.2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.3. Only the home state shall have the power to take adverse action against an audiologist's or speech-language pathologist's license issued by the home state.B. For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.C. The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse action.D. If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.E. The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state's own procedures for taking the adverse action.F. Joint Investigations1. In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.G. If adverse action is taken by the home state against an audiologist's or speech-language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech-language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.H. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.I. Nothing in this Compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.Article 8 ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY COMPACT COMMISSIONA. The Compact member states hereby create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission:1. The Commission is an instrumentality of the Compact states.2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.B. Membership, Voting, and Meetings1. Each member state shall have two delegates selected by that member state's licensing board. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech-language pathologist.2. An additional five delegates, who are either a public member or board administrator from a state licensing board, shall be chosen by the Executive Committee from a pool of nominees provided by the Commission at large.3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.4. The member state board shall fill any vacancy occurring on the Commission, within ninety days.5. Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.6. A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.C. The Commission shall have the following powers and duties:1. Establish the fiscal year of the Commission;2. Establish bylaws;3. Establish a Code of Ethics;4. Maintain its financial records in accordance with the bylaws;5. Meet and take actions as are consistent with the provisions of this Compact and the bylaws;6. Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;7. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law shall not be affected;8. Purchase and maintain insurance and bonds;9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;10. Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;11. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;12. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;14. Establish a budget and make expenditures;15. Borrow money;16. Appoint committees, including standing committees composed of members and other interested persons as may be designated in this Compact and the bylaws;17. Provide and receive information from, and cooperate with, law enforcement agencies;18. Establish and elect an Executive Committee; and19. Perform other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of audiology and speech-language pathology licensure and practice.D. The Executive CommitteeThe Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact:1. The Executive Committee shall be composed of ten members:a. Seven voting members who are elected by the Commission from the current membership of the Commission;b. Two ex officios, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech-language pathology association; andc. One ex officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards.E. The ex officio members shall be selected by their respective organizations.1. The Commission may remove any member of the Executive Committee as provided in the bylaws.2. The Executive Committee shall meet at least annually.3. The Executive Committee shall have the following duties and responsibilities:a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;b. Ensure Compact administration services are appropriately provided, contractual or otherwise;c. Prepare and recommend the budget;d. Maintain financial records on behalf of the Commission;e. Monitor Compact compliance of member states and provide compliance reports to the Commission;f. Establish additional committees as necessary; andg. Other duties as provided in rules or bylaws.4. Meetings of the CommissionAll meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article 10.5. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss:a. Noncompliance of a member state with its obligations under the Compact;b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;c. Current, threatened, or reasonably anticipated litigation;d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;e. Accusing any person of a crime or formally censuring any person;f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;h. Disclosure of investigative records compiled for law enforcement purposes;i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; orj. Matters specifically exempted from disclosure by federal or member state statute.6. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.7. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.8. Financing of the Commissiona. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.b. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.c. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.9. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.10. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.F. Qualified Immunity, Defense, and Indemnification1. The members, officers, executive director, employees and representatives of the Commission shall have no greater liability than a state employee would have under the same or similar circumstances, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.Article 9 DATA SYSTEMA. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.B. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:1. Identifying information;2. Licensure data;3. Adverse actions against a license or compact privilege;4. Nonconfidential information related to alternative program participation;5. Any denial of application for licensure, and any reason for denial; and6. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.C. Investigative information pertaining to a licensee in any member state shall only be available to other member states.D. The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.E. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.Article 10 RULEMAKINGA. The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.B. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the rule, the rule shall have no further force and effect in any member state.C. Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.D. Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty days in advance of the meeting at which the rule shall be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:1. On the website of the Commission or other publicly accessible platform; and2. On the website of each member state audiology or speech-language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.E. The Notice of Proposed Rulemaking shall include:1. The proposed time, date, and location of the meeting in which the rule shall be considered and voted upon;2. The text of the proposed rule or amendment and the reason for the proposed rule;3. A request for comments on the proposed rule from any interested person; and4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.F. Prior to the adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions and arguments, which shall be made available to the public.G. The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:1. At least twenty-five persons;2. A state or federal governmental subdivision or agency; or3. An association having at least twenty-five members.H. If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.3. All hearings shall be recorded. A copy of the recording shall be made available on request.4. Nothing in this Article shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this Article.I. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.J. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.K. The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.L. Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this Article shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:1. Meet an imminent threat to public health, safety, or welfare;2. Prevent a loss of Commission or member state funds; or3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.M. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chairperson of the Commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.Article 11 OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENTA. Dispute Resolution1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.B. Enforcement1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney's fees.3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.Article 12 DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTA. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.B. Any state that joins the Compact subsequent to the Commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.C. Any member state may withdraw from this Compact by enacting a statute repealing the same.1. A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.2. Withdrawal shall not affect the continuing requirement of the withdrawing state's audiology or speech-language pathology licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.D. Nothing contained in this Compact shall be construed to invalidate or prevent any audiology or speech-language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.E. This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.Article 13 CONSTRUCTION AND SEVERABILITYThis Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.Article 14 BINDING EFFECT OF COMPACT AND OTHER LAWSA. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.B. All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.C. All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding upon the member states.D. All agreements between the Commission and the member states are binding in accordance with their terms.E. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.Source Laws 2021, LB14,  6. 
38-411.  Applicant for licensure; qualifications; examination.(1) An applicant for licensure as an athletic trainer shall at the time of application provide proof to the department that the applicant meets one or more of the following qualifications:(a) For any person who graduated prior to January 1, 2004:(i) Graduation after successful completion of the curriculum requirements of an accredited athletic training education program at an accredited college or university approved by the board; or(ii) Graduation with a four-year degree from an accredited college or university and completion of at least two consecutive years, military duty excepted, as an athletic training student under the supervision of an athletic trainer approved by the board; and(b) For any person who graduated after January 1, 2004, graduation after successful completion of the curriculum requirements of an accredited athletic training education program at an accredited college or university approved by the board.(2) In order to be licensed as an athletic trainer, an applicant shall, in addition to the requirements of subsection (1) of this section, successfully complete an examination approved by the board.Source  Laws 1986, LB 355,  4;   R.S.1943, (2003),  71-1,241;  Laws 2007, LB463,  183;  Laws 2022, LB436,  10.   Effective Date: July 21, 2022  Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-412.  Continuing competency requirements.An applicant for licensure as an athletic trainer who has met the education and examination requirements in section 38-411, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.Source Laws 2007, LB463,  184. 
38-413.  Reciprocity; continuing competency requirements; military spouse; temporary license.(1) An applicant for licensure as an athletic trainer who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  185;  Laws 2017, LB88,  37.  
38-414.  Fees.The department shall establish and collect fees for initial licensure and renewal under the Athletic Training Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  186. 
38-4201.  Licensed Professional Counselors Interstate Compact.The State of Nebraska adopts the Licensed Professional Counselors Interstate Compact in the form substantially as follows:Licensed Professional Counselors Interstate CompactSECTION 1: PURPOSEThe purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.This Compact is designed to achieve the following objectives:A. Increase public access to Professional Counseling services by providing for the mutual recognition of other Member State licenses;B. Enhance the States' ability to protect the public's health and safety;C. Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors;D. Support spouses of relocating Active Duty Military personnel;E. Enhance the exchange of licensure, investigative, and disciplinary information among Member States;F. Allow for the use of Telehealth technology to facilitate increased access to Professional Counseling services;G. Support the uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits;H. Invest all Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all State practice laws in the State in which the client is located at the time care is rendered through the mutual recognition of Member State licenses;I. Eliminate the necessity for licenses in multiple States; andJ. Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.SECTION 2. DEFINITIONSAs used in this Compact, and except as otherwise provided, the following definitions shall apply:A. "Active Duty Military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.B. "Adverse Action" means any administrative, civil, equitable or criminal action permitted by a State's laws which is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individual's license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice, or any other Encumbrance on licensure affecting a Licensed Professional Counselor's authorization to practice, including issuance of a cease and desist action.C. "Alternative Program" means a nondisciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners.D. "Continuing Competence/Education" means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.E. "Counseling Compact Commission" or "Commission" means the national administrative body whose membership consists of all States that have enacted the Compact.F. "Current Significant Investigative Information" means:1. Investigative Information that a Licensing Board, after a preliminary inquiry that includes notification and an opportunity for the Licensed Professional Counselor to respond, if required by State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or2. Investigative Information that indicates that the Licensed Professional Counselor represents an immediate threat to public health and safety regardless of whether the Licensed Professional Counselor has been notified and had an opportunity to respond.G. "Data System" means a repository of information about Licensees, including, but not limited to, continuing education, examination, licensure, investigative, Privilege to Practice and Adverse Action information.H. "Encumbered License" means a license in which an Adverse Action restricts the practice of licensed Professional Counseling by the Licensee and said Adverse Action has been reported to the National Practitioners Data Bank (NPDB).I. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a Licensing Board.J. "Executive Committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.K. "Home State" means the Member State that is the Licensee's primary State of residence.L. "Impaired Practitioner" means an individual who has a condition(s) that may impair their ability to practice as a Licensed Professional Counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.M. "Investigative Information" means information, records, and documents received or generated by a Professional Counseling Licensing Board pursuant to an investigation.N. "Jurisprudence Requirement" if required by a Member State, means the assessment of an individual's knowledge of the laws and Rules governing the practice of Professional Counseling in a State.O. "Licensed Professional Counselor" means a counselor licensed by a Member State, regardless of the title used by that State, to independently assess, diagnose, and treat behavioral health conditions.P. "Licensee" means an individual who currently holds an authorization from the State to practice as a Licensed Professional Counselor.Q. "Licensing Board" means the agency of a State, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors.R. "Member State" means a State that has enacted the Compact.S. "Privilege to Practice" means a legal authorization, which is equivalent to a license, permitting the practice of Professional Counseling in a Remote State.T. "Professional Counseling" means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.U. "Remote State" means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Privilege to Practice.V. "Rule" means a regulation promulgated by the Commission that has the force of law.W. "Single State License" means a Licensed Professional Counselor license issued by a Member State that authorizes practice only within the issuing State and does not include a Privilege to Practice in any other Member State.X. "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling.Y. "Telehealth" means the application of telecommunication technology to deliver Professional Counseling services remotely to assess, diagnose, and treat behavioral health conditions.Z. "Unencumbered License" means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.SECTION 3. STATE PARTICIPATION IN THE COMPACTA. To Participate in the Compact, a State must currently:1. License and regulate Licensed Professional Counselors;2. Require Licensees to pass a nationally recognized examination approved by the Commission;3. Require Licensees to have a sixty-semester-hour (or ninety-quarter-hour) master's degree in counseling or sixty semester-hours (or ninety quarter-hours) of graduate course work including the following topic areas:a. Professional Counseling Orientation and Ethical Practice;b. Social and Cultural Diversity;c. Human Growth and Development;d. Career Development;e. Counseling and Helping Relationships;f. Group Counseling and Group Work;g. Diagnosis and Treatment; Assessment and Testing;h. Research and Program Evaluation; andi. Other areas as determined by the Commission.4. Require Licensees to complete a supervised postgraduate professional experience as defined by the Commission;5. Have a mechanism in place for receiving and investigating complaints about Licensees.B. A Member State shall:1. Participate fully in the Commission's Data System, including using the Commission's unique identifier as defined in Rules;2. Notify the Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Investigative Information regarding a Licensee;3. Implement or utilize procedures for considering the criminal history records of applicants for an initial Privilege to Practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that State's criminal records;a. A Member State must fully implement a criminal background check requirement, within a timeframe established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions.b. Communication between a Member State, the Commission and among Member States regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under Public Law 92-544.4. Comply with the Rules of the Commission;5. Require an applicant to obtain or retain a license in the Home State and meet the Home State's qualifications for licensure or renewal of licensure, as well as all other applicable State laws;6. Grant the Privilege to Practice to a Licensee holding a valid Unencumbered License in another Member State in accordance with the terms of the Compact and Rules; and7. Provide for the attendance of the State's commissioner to the Counseling Compact Commission meetings.C. Member States may charge a fee for granting the Privilege to Practice.D. Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single State License as provided under the laws of each Member State. However, the Single State License granted to these individuals shall not be recognized as granting a Privilege to Practice Professional Counseling in any other Member State.E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.F. A license issued to a Licensed Professional Counselor by a Home State to a resident in that State shall be recognized by each Member State as authorizing a Licensed Professional Counselor to practice Professional Counseling, under a Privilege to Practice, in each Member State.SECTION 4. PRIVILEGE TO PRACTICEA. To exercise the Privilege to Practice under the terms and provisions of the Compact, the Licensee shall:1. Hold a license in the Home State;2. Have a valid United States social security number or national practitioner identifier;3. Be eligible for a Privilege to Practice in any Member State in accordance with Section 4(D), (G) and (H);4. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two years;5. Notify the Commission that the Licensee is seeking the Privilege to Practice within a Remote State(s);6. Pay any applicable fees, including any State fee, for the Privilege to Practice;7. Meet any Continuing Competence/Education requirements established by the Home State;8. Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Privilege to Practice; and9. Report to the Commission any Adverse Action, Encumbrance, or restriction on license taken by any non-Member State within thirty days from the date the action is taken.B. The Privilege to Practice is valid until the expiration date of the Home State license. The Licensee must comply with the requirements of Section 4(A) to maintain the Privilege to Practice in the Remote State.C. A Licensee providing Professional Counseling in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.D. A Licensee providing Professional Counseling services in a Remote State is subject to that State's regulatory authority. A Remote State may, in accordance with due process and that State's laws, remove a Licensee's Privilege to Practice in the Remote State for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The Licensee may be ineligible for a Privilege to Practice in any Member State until the specific time for removal has passed and all fines are paid.E. If a Home State license is encumbered, the Licensee shall lose the Privilege to Practice in any Remote State until the following occur:1. The Home State license is no longer encumbered; and2. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two years.F. Once an Encumbered License in the Home State is restored to good standing, the Licensee must meet the requirements of Section 4(A) to obtain a Privilege to Practice in any Remote State.G. If a Licensee's Privilege to Practice in any Remote State is removed, the individual may lose the Privilege to Practice in all other Remote States until the following occur:1. The specific period of time for which the Privilege to Practice was removed has ended;2. All fines have been paid; and3. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two years.H. Once the requirements of Section 4(G) have been met, the Licensee must meet the requirements in Section 4(A) to obtain a Privilege to Practice in a Remote State.SECTION 5: OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICEA. A Licensed Professional Counselor may hold a Home State license, which allows for a Privilege to Practice in other Member States, in only one Member State at a time.B. If a Licensed Professional Counselor changes primary State of residence by moving between two Member States:1. The Licensed Professional Counselor shall file an application for obtaining a new Home State license based on a Privilege to Practice, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission.2. Upon receipt of an application for obtaining a new Home State license by virtue of a Privilege to Practice, the new Home State shall verify that the Licensed Professional Counselor meets the pertinent criteria outlined in Section 4 via the Data System, without need for primary source verification except for:a. a Federal Bureau of Investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92-544;b. other criminal background check as required by the new Home State; andc. completion of any requisite Jurisprudence Requirements of the new Home State.3. The former Home State shall convert the former Home State license into a Privilege to Practice once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission.4. Notwithstanding any other provision of this Compact, if the Licensed Professional Counselor cannot meet the criteria in Section 4, the new Home State may apply its requirements for issuing a new Single State License.5. The Licensed Professional Counselor shall pay all applicable fees to the new Home State in order to be issued a new Home State license.C. If a Licensed Professional Counselor changes Primary State of Residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State.D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single State License in multiple States, however for the purposes of this Compact, a Licensee shall have only one Home State license.E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSESActive Duty Military personnel, or their spouse, shall designate a Home State where the individual has a current license in good standing. The individual may retain the Home State designation during the period the service member is on active duty. Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new State, or through the process outlined in Section 5.SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTHA. Member States shall recognize the right of a Licensed Professional Counselor, licensed by a Home State in accordance with Section 3 and under Rules promulgated by the Commission, to practice Professional Counseling in any Member State via Telehealth under a Privilege to Practice as provided in the Compact and Rules promulgated by the Commission.B. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.SECTION 8. ADVERSE ACTIONSA. In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to:1. Take Adverse Action against a Licensed Professional Counselor's Privilege to Practice within that Member State, and2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.3. Only the Home State shall have the power to take Adverse Action against a Licensed Professional Counselor's license issued by the Home State.B. For purposes of taking Adverse Action, the Home State shall give the same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine appropriate action.C. The Home State shall complete any pending investigations of a Licensed Professional Counselor who changes primary State of residence during the course of the investigations. The Home State shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the Data System. The administrator of the coordinated licensure information system shall promptly notify the new Home State of any Adverse Actions.D. A Member State, if otherwise permitted by State law, may recover from the affected Licensed Professional Counselor the costs of investigations and dispositions of cases resulting from any Adverse Action taken against that Licensed Professional Counselor.E. A Member State may take Adverse Action based on the factual findings of the Remote State, provided that the Member State follows its own procedures for taking the Adverse Action.F. Joint Investigations:1. In addition to the authority granted to a Member State by its respective Professional Counseling practice act or other applicable State law, any Member State may participate with other Member States in joint investigations of Licensees.2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.G. If Adverse Action is taken by the Home State against the license of a Licensed Professional Counselor, the Licensed Professional Counselor's Privilege to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the State license. All Home State disciplinary orders that impose Adverse Action against the license of a Licensed Professional Counselor shall include a Statement that the Licensed Professional Counselor's Privilege to Practice is deactivated in all Member States during the pendency of the order.H. If a Member State takes Adverse Action, it shall promptly notify the administrator of the Data System. The administrator of the Data System shall promptly notify the Home State of any Adverse Actions by Remote States.I. Nothing in this Compact shall override a Member State's decision that participation in an Alternative Program may be used in lieu of Adverse Action.SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSIONA. The Compact Member States hereby create and establish a joint public agency known as the Counseling Compact Commission:1. The Commission is an instrumentality of the Compact States.2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.B. Membership, Voting, and Meetings1. Each Member State shall have and be limited to one delegate selected by that Member State's Licensing Board.2. The delegate shall be either:a. A current member of the Licensing Board at the time of appointment, who is a Licensed Professional Counselor or public member; orb. An administrator of the Licensing Board.3. Any delegate may be removed or suspended from office as provided by the law of the State from which the delegate is appointed.4. The Member State Licensing Board shall fill any vacancy occurring on the Commission within sixty days.5. Each delegate shall be entitled to one vote with regard to the promulgation of Rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.8. The Commission shall by Rule establish a term of office for delegates and may by Rule establish term limits.C. The Commission shall have the following powers and duties:1. Establish the fiscal year of the Commission;2. Establish bylaws;3. Maintain its financial records in accordance with the bylaws;4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;5. Promulgate Rules which shall be binding to the extent and in the manner provided for in the Compact;6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;7. Purchase and maintain insurance and bonds;8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State;9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;13. Establish a budget and make expenditures;14. Borrow money;15. Appoint committees, including standing committees composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;16. Provide and receive information from, and cooperate with, law enforcement agencies;17. Establish and elect an Executive Committee; and18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of Professional Counseling licensure and practice.D. The Executive Committee1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.2. The Executive Committee shall be composed of up to eleven members:a. Seven voting members who are elected by the Commission from the current membership of the Commission; andb. Up to four ex officio, nonvoting members from four recognized national professional counselor organizations.c. The ex officio members will be selected by their respective organizations.3. The Commission may remove any member of the Executive Committee as provided in bylaws.4. The Executive Committee shall meet at least annually.5. The Executive Committee shall have the following duties and responsibilities:a. Recommend to the entire Commission changes to the Rules or bylaws, changes to this Compact legislation, fees paid by Compact Member States such as annual dues, and any Commission Compact fee charged to Licensees for the Privilege to Practice;b. Ensure Compact administration services are appropriately provided, contractual or otherwise;c. Prepare and recommend the budget;d. Maintain financial records on behalf of the Commission;e. Monitor Compact compliance of Member States and provide compliance reports to the Commission;f. Establish additional committees as necessary; andg. Other duties as provided in Rules or bylaws.E. Meetings of the Commission1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the Rulemaking provisions in Section 11.2. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss:a. Noncompliance of a Member State with its obligations under the Compact;b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;c. Current, threatened, or reasonably anticipated litigation;d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;e. Accusing any person of a crime or formally censuring any person;f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;h. Disclosure of investigative records compiled for law enforcement purposes;i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; orj. Matters specifically exempted from disclosure by federal or Member State statute.3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.F. Financing of the Commission1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.3. The Commission may levy on and collect an annual assessment from each Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member States.4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.G. Qualified Immunity, Defense, and Indemnification1. The members, officers, executive director, employees, and representatives of the Commission shall have no greater liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities, than a state employee would have under the same or similar circumstances; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.SECTION 10. DATA SYSTEMA. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and Investigative Information on all licensed individuals in Member States.B. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:1. Identifying information;2. Licensure data;3. Adverse Actions against a license or Privilege to Practice;4. Nonconfidential information related to Alternative Program participation;5. Any denial of application for licensure, and the reason(s) for such denial;6. Current Significant Investigative Information; and7. Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.C. Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.D. The Commission shall promptly notify all Member States of any Adverse Action taken against a Licensee or an individual applying for a license. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State.E. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.F. Any information submitted to the Data System that is subsequently required to be expunged by the laws of the Member State contributing the information shall be removed from the Data System.SECTION 11. RULEMAKINGA. The Commission shall promulgate reasonable Rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its Rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force or effect.B. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment.C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of the Commission.E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:1. On the website of the Commission or other publicly accessible platform; and2. On the website of each Member State Professional Counseling Licensing Board or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules.F. The Notice of Proposed Rulemaking shall include:1. The proposed time, date, and location of the meeting in which the Rule will be considered and voted upon;2. The text of the proposed Rule or amendment and the reason for the proposed Rule;3. A request for comments on the proposed Rule from any interested person; and4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.H. The Commission shall grant an opportunity for a public hearing before it adopts a Rule or amendment if a hearing is requested by:1. At least twenty-five persons;2. A State or federal governmental subdivision or agency; or3. An association having at least twenty-five members.I. If a hearing is held on the proposed Rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.3. All hearings will be recorded. A copy of the recording will be made available on request.4. Nothing in this section shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.J. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed Rule without a public hearing.L. The Commission shall, by majority vote of all members, take final action on the proposed Rule and shall determine the effective date of the Rule, if any, based on the Rulemaking record and the full text of the Rule.M. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided that the usual Rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:1. Meet an imminent threat to public health, safety, or welfare;2. Prevent a loss of Commission or Member State funds;3. Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule; or4. Protect public health and safety.N. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENTA. Oversight1. The executive, legislative, and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact's purposes and intent. The provisions of this Compact and the Rules promulgated hereunder shall have standing as statutory law.2. All courts shall take judicial notice of the Compact and the Rules in any judicial or administrative proceeding in a Member State pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.B. Default, Technical Assistance, and Termination1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:a. Provide written notice to the defaulting State and other Member States of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; andb. Provide remedial training and specific technical assistance regarding the default.C. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Member States, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and each of the Member States.E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.F. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.G. The defaulting State may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.H. Dispute Resolution1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between Member and non-Member States.2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.I. Enforcement1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact.2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENTA. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth Member State. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of the Compact.B. Any State that joins the Compact subsequent to the Commission's initial adoption of the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.C. Any Member State may withdraw from this Compact by enacting a statute repealing the same.1. A Member State's withdrawal shall not take effect until six months after enactment of the repealing statute.2. Withdrawal shall not affect the continuing requirement of the withdrawing State's Professional Counseling Licensing Board to comply with the investigative and Adverse Action reporting requirements of the Compact prior to the effective date of withdrawal.D. Nothing contained in this Compact shall be construed to invalidate or prevent any Professional Counseling licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.E. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.SECTION 14. CONSTRUCTION AND SEVERABILITYThis Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWSA. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations, including scope of practice, of the Remote State.B. Nothing herein prevents the enforcement of any other law of a Member State that is not inconsistent with the Compact.C. Any laws in a Member State in conflict with the Compact are superseded to the extent of the conflict.D. Any lawful actions of the Commission, including all Rules and bylaws properly promulgated by the Commission, are binding upon the Member States.E. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.F. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any Member State, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that Member State.Source  Laws 2022, LB752,  1.   Effective Date: July 21, 2022  
38-4301.  Occupational Therapy Practice Interstate Compact.The State of Nebraska adopts the Occupational Therapy Practice Interstate Compact in the form substantially as follows:ARTICLE 1. PURPOSE.The purpose of the Occupational Therapy Practice Interstate Compact is to facilitate interstate practice of occupational therapy with the goal of improving public access to occupational therapy services. The practice of occupational therapy occurs in the state where the patient or client is located at the time of the patient or client encounter. This Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.This Compact is designed to achieve the following objectives:A. Increase public access to occupational therapy services by providing for the mutual recognition of other Member State licenses;B. Enhance the states' ability to protect the public health and safety;C. Encourage the cooperation of Member States in regulating multistate occupational therapy practice;D. Support spouses of relocating military members;E. Enhance the exchange of licensure, investigative, and disciplinary information between Member States;F. Allow a Remote State to hold a provider of services with a Compact Privilege in that state accountable to that state's practice standards; andG. Facilitate the use of telehealth technology in order to increase access to occupational therapy services.ARTICLE 2. DEFINITIONS.As used in the Occupational Therapy Practice Interstate Compact, and except as otherwise provided, the following definitions apply:A. Active duty military means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.B. Adverse action means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an occupational therapist or occupational therapy assistant, including actions against an individual's license or Compact Privilege such as revocation, suspension, probation, monitoring of the Licensee, or restriction on the Licensee's practice.C. Alternative program means a nondisciplinary monitoring process approved by an occupational therapy licensing board to address Impaired Practitioners.D. Compact Privilege means the authorization, which is equivalent to a license, granted by a Remote State to allow a Licensee from another Member State to practice as an occupational therapist or practice as an occupational therapy assistant in the Remote State under its laws and rules. The practice of occupational therapy occurs in the Member State where the patient or client is located at the time of the patient or client encounter.E. Continuing Competence/Education means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.F. Current significant investigative information means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the occupational therapist or occupational therapy assistant to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.G. Data system means a repository of information about Licensees, including, but not limited to, licensure, investigative information, Compact Privilege, and adverse action.H. Encumbered License means a license in which an adverse action restricts the practice of occupational therapy by the Licensee and the adverse action has been reported to the National Practitioner Data Bank.I. Executive Committee means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.J. Home State means the Member State that is the Licensee's primary state of residence.K. Impaired Practitioner means an individual whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.L. Investigative information means information, records, or documents received or generated by an occupational therapy licensing board pursuant to an investigation.M. Jurisprudence requirement means the assessment of an individual's knowledge of the laws and rules governing the practice of occupational therapy in a state.N. Licensee means an individual who currently holds an authorization from the state to practice as an occupational therapist or as an occupational therapy assistant.O. Member State means a state that has enacted this Compact.P. Occupational therapist means an individual who is licensed by a state to practice occupational therapy.Q. Occupational therapy assistant means an individual who is licensed by a state to assist in the practice of occupational therapy.R. Occupational therapy, occupational therapy practice, and the practice of occupational therapy mean the care and services provided by an occupational therapist or an occupational therapy assistant as set forth in the Member State's statutes and regulations.S. Occupational Therapy Interstate Compact Commission or Commission means the national administrative body whose membership consists of all states that have enacted this Compact.T. Occupational therapy licensing board or licensing board means the agency of a state that is responsible for the licensing and regulation of occupational therapists and occupational therapy assistants.U. Primary state of residence means the state, also known as the Home State, in which an occupational therapist or occupational therapy assistant who is not active duty military declares a primary residence for legal purposes as verified by: Driver's license, federal income tax return, lease, deed, mortgage or voter registration or other verifying documentation as further defined by Commission Rules.V. Remote State means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Compact Privilege.W. Rule means a regulation promulgated by the Commission that has the force of law.X. State means any state, commonwealth, district, or territory of the United States of America that regulates the practice of occupational therapy.Y. Single-State License means an occupational therapist or occupational therapy assistant license issued by a Member State that authorizes practice only within the issuing state and does not include a Compact Privilege in any other Member State.Z. Telehealth means the application of telecommunication technology to deliver occupational therapy services for assessment, intervention, or consultation.ARTICLE 3. STATE PARTICIPATION IN THIS COMPACT.A. To participate in this Compact, a Member State shall:1. License occupational therapists and occupational therapy assistants;2. Participate fully in the data system, including, but not limited to, using the Commission's unique identifier as defined in Rules of the Commission;3. Have a mechanism in place for receiving and investigating complaints about Licensees;4. Notify the Commission, in compliance with the terms of this Compact and Rules, of any adverse action or the availability of investigative information regarding a Licensee;5. Implement or utilize procedures for considering the criminal history records of applicants for an initial Compact Privilege. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records.a. A Member State shall, within a timeframe established by the Commission, require a criminal background check for a Licensee seeking or applying for a Compact Privilege whose primary state of residence is that Member State, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions.b. Communication between a Member State, the Commission, and among Member States regarding the verification of eligibility for licensure through this Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under Public Law 92-544.6. Comply with the Rules of the Commission;7. Utilize only a recognized national examination as a requirement for licensure pursuant to the Rules of the Commission; and8. Have Continuing Competence/Education requirements as a condition for license renewal.B. A Member State shall grant the Compact Privilege to a Licensee holding a valid unencumbered license in another Member State in accordance with the terms of this Compact and Rules.C. Member States may charge a fee for granting a Compact Privilege.D. A Member State shall provide for the state's delegate to attend all Commission meetings.E. Individuals not residing in a Member State shall continue to be able to apply for a Member State's Single-State License as provided under the laws of each Member State. However, the Single-State License granted to these individuals shall not be recognized as granting the Compact Privilege in any other Member State.F. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single-State License.ARTICLE 4. COMPACT PRIVILEGE.A. To exercise the Compact Privilege under the terms and provisions of this Compact, the Licensee shall:1. Hold a license in the Home State;2. Have a valid United States social security number or national practitioner identification number;3. Have no encumbrance on any state license;4. Be eligible for a Compact Privilege in any Member State in accordance with sections D, F, G, and H of this Article 4;5. Have paid all fines and completed all requirements resulting from any adverse action against any license or Compact Privilege, and two years have elapsed from the date of such completion;6. Notify the Commission that the Licensee is seeking the Compact Privilege within a Remote State(s);7. Pay any applicable fees, including any state fee, for the Compact Privilege;8. Complete a criminal background check in accordance with subsection A5 of Article 3. The Licensee shall be responsible for the payment of any fee associated with the completion of such criminal background check;9. Meet any jurisprudence requirements established by the Remote State(s) in which the Licensee is seeking a Compact Privilege; and10. Report to the Commission adverse action taken by any non-Member State within thirty days from the date the adverse action is taken.B. The Compact Privilege is valid until the expiration date of the Home State license. The Licensee must comply with the requirements of section A of this Article 4 to maintain this Compact Privilege in the Remote State.C. A Licensee providing occupational therapy in a Remote State under the Compact Privilege shall function within the laws and regulations of the Remote State.D. Occupational therapy assistants practicing in a Remote State shall be supervised by an occupational therapist licensed or holding a Compact Privilege in that Remote State.E. A Licensee providing occupational therapy in a Remote State is subject to that state's regulatory authority. A Remote State may, in accordance with due process and that state's laws, remove a Licensee's Compact Privilege in the Remote State for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. The Licensee may be ineligible for a Compact Privilege in any state until the specific time for removal has passed and all fines are paid.F. If a Home State license is encumbered, the Licensee shall lose the Compact Privilege in any Remote State until the following occur:1. The Home State license is no longer encumbered; and2. Two years have elapsed from the date on which the Home State license is no longer encumbered in accordance with subsection F1 of this Article 4.G. Once an Encumbered License in the Home State is restored to good standing, the Licensee must meet the requirements of section A of this Article 4 to obtain a Compact Privilege in any Remote State.H. If a Licensee's Compact Privilege in any Remote State is removed, the individual may lose the Compact Privilege in any other Remote State until the following occur:1. The specific period of time for which the Compact Privilege was removed has ended;2. All fines have been paid and all conditions have been met;3. Two years have elapsed from the date of completing requirements for subsections H1 and 2 of this Article 4; and4. The Compact Privileges are reinstated by the Commission, and the compact data system is updated to reflect reinstatement.I. If a Licensee's Compact Privilege in any Remote State is removed due to an erroneous charge, privileges shall be restored through the compact data system.J. Once the requirements of section H of this Article 4 have been met, the Licensee must meet the requirements in section A of this Article 4 to obtain a Compact Privilege in a Remote State.ARTICLE 5. OBTAINING A NEW HOME STATE LICENSE BY VIRTUE OF COMPACT PRIVILEGE.A. An occupational therapist and an occupational therapy assistant may hold a Home State license, issued by the Home State which allows for Compact Privileges, in only one Member State at a time.B. If an occupational therapist or occupational therapy assistant changes primary state of residence by moving between two Member States:1. The occupational therapist or occupational therapy assistant shall file an application for obtaining a new Home State license by virtue of a Compact Privilege, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission.2. Upon receipt of an application for obtaining a new Home State license by virtue of compact privilege, the new Home State shall verify that the occupational therapist or occupational therapy assistant meets the pertinent criteria outlined in Article 4 via the data system, without need for primary source verification except for:a. A Federal Bureau of Investigation fingerprint-based criminal background check if not previously performed or updated pursuant to applicable Rules adopted by the Commission in accordance with Public Law 92-544;b. Other criminal background check as required by the new Home State; andc. Submission of any requisite jurisprudence requirements of the new Home State.3. The former Home State shall convert the former Home State license into a Compact Privilege once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission.4. Notwithstanding any other provision of this Compact, if the occupational therapist or occupational therapy assistant cannot meet the criteria in Article 4, the new Home State shall apply its requirements for issuing a new Single-State License.5. The occupational therapist or the occupational therapy assistant shall pay all applicable fees to the new Home State in order to be issued a new Home State license.C. If an occupational therapist or occupational therapy assistant changes primary state of residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the state criteria shall apply for issuance of a Single-State License in the new state.D. Nothing in this Compact shall interfere with a Licensee's ability to hold a Single-State License in multiple states, however, for the purposes of this Compact, a Licensee shall have only one Home State license.E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single-State License.ARTICLE 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES.Active duty military personnel, or their spouse, shall designate a Home State where the individual has a current license in good standing. The individual may retain the Home State designation during the period the service member is on active duty. Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new state or through the process described in Article 5.ARTICLE 7. ADVERSE ACTIONS.A. A Home State shall have exclusive power to impose adverse action against a license issued by the Home State.B. In addition to the other powers conferred by state law, a Remote State shall have the authority, in accordance with existing state due process law, to:1. Take adverse action against an occupational therapist's or occupational therapy assistant's Compact Privilege within that Member State.2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.C. For purposes of taking adverse action, the Home State shall give the same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own state laws to determine appropriate action.D. The Home State shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes primary state of residence during the course of the investigations. The Home State, where the investigations were initiated, shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the Commission data system. The Commission data system administrator shall promptly notify the new Home State of any adverse actions.E. A Member State, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant.F. A Member State may take adverse action based on the factual findings of the Remote State, provided that the Member State follows its own procedures for taking the adverse action.G. Joint Investigations.1. In addition to the authority granted to a Member State by its respective state occupational therapy laws and regulations or other applicable State law, any Member State may participate with other Member States in joint investigations of Licensees.2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under this Compact.H. If an adverse action is taken by the Home State against an occupational therapist's or occupational therapy assistant's license, the occupational therapist's or occupational therapy assistant's Compact Privilege in all other Member States shall be deactivated until all encumbrances have been removed from the state license. All Home State disciplinary orders that impose adverse action against an occupational therapist's or occupational therapy assistant's license shall include a statement that the occupational therapist's or occupational therapy assistant's Compact Privilege is deactivated in all Member States during the pendency of the order.I. If a Member State takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the Home State of any adverse actions by Remote States.J. Nothing in this Compact shall override a Member State's decision that participation in an alternative program may be used in lieu of adverse action.ARTICLE 8. ESTABLISHMENT OF THE OCCUPATIONAL THERAPY COMPACT COMMISSION.A. The Member States hereby create and establish a joint public agency known as the Occupational Therapy Interstate Compact Commission:1. The Commission is an instrumentality of the Compact States.2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.B. Membership, Voting, and Meetings.1. Each Member State shall have and be limited to one delegate selected by that Member State's licensing board.2. The delegate shall be either:a. A current member of the licensing board, who is an occupational therapist, occupational therapy assistant, or public member; orb. An administrator of the licensing board.3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.4. The Member State board shall fill any vacancy occurring in the Commission within ninety days.5. Each delegate shall be entitled to one vote with regard to the promulgation of Rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication.6. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.7. The Commission shall establish by Rule a term of office for delegates.C. The Commission shall have the following powers and duties:1. Establish a Code of Ethics for the Commission;2. Establish the fiscal year of the Commission;3. Establish bylaws;4. Maintain its financial records in accordance with the bylaws;5. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;6. Promulgate uniform Rules to facilitate and coordinate implementation and administration of this Compact. The Rules shall have the force and effect of law and shall be binding in all Member States;7. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;8. Purchase and maintain insurance and bonds;9. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State;10. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and to establish the Commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;11. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;12. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;14. Establish a budget and make expenditures;15. Borrow money;16. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;17. Provide and receive information from, and cooperate with, law enforcement agencies;18. Establish and elect an executive committee; and19. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of occupational therapy licensure and practice.D. The Executive Committee.The executive committee shall have the power to act on behalf of the Commission according to the terms of this Compact.1. The executive committee shall be composed of nine members:a. Seven voting members who are elected by the Commission from the current membership of the Commission;b. One ex officio, nonvoting member from a recognized national occupational therapy professional association; andc. One ex officio, nonvoting member from a recognized national occupational therapy certification organization.2. The ex officio members will be selected by their respective organizations.3. The Commission may remove any member of the executive committee as provided in bylaws.4. The executive committee shall meet at least annually.5. The executive committee shall have the following duties and responsibilities:a. Recommend to the entire Commission changes to the Rules or bylaws, changes to this Compact, fees paid by Member States such as annual dues, and any Commission Compact fee charged to Licensees for the Compact Privilege;b. Ensure Compact administration services are appropriately provided, contractual or otherwise;c. Prepare and recommend the budget;d. Maintain financial records on behalf of the Commission;e. Monitor Compact compliance of Member States and provide compliance reports to the Commission;f. Establish additional committees as necessary; andg. Other duties as provided in Rules or bylaws.E. Meetings of the Commission.1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the Rulemaking provisions in Article 10.2. The Commission or the executive committee or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or executive committee or other committees of the Commission must discuss:a. Noncompliance of a Member State with its obligations under this Compact;b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the Commission's internal personnel practices and procedures;c. Current, threatened, or reasonably anticipated litigation;d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;e. Accusing any person of a crime or formally censuring any person;f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;h. Disclosure of investigative records compiled for law enforcement purposes;i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to this Compact; orj. Matters specifically exempted from disclosure by federal or Member State statute.3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.F. Financing of the Commission.1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.3. The Commission may levy on and collect an annual assessment from each Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved by the Commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member States.4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.G. Qualified Immunity, Defense, and Indemnification.1. The members, officers, executive director, employees, and representatives of the Commission shall have no greater liability than a state employee would have under the same or similar circumstances, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.2. The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person's intentional or willful or wanton misconduct.3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.ARTICLE 9. DATA SYSTEM.A. The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in Member States.B. A Member State shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable utilizing a unique identifier as required by the Rules of the Commission, including:1. Identifying information;2. Licensure data;3. Adverse actions against a license or Compact Privilege;4. Nonconfidential information related to alternative program participation;5. Any denial of application for licensure, and the reason for such denial;6. Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission; and7. Current significant investigative information.C. Current significant investigative information and other investigative information pertaining to a Licensee in any Member State will only be available to other Member States.D. The Commission shall promptly notify all Member States of any adverse action taken against a Licensee or an individual applying for a license. Adverse action information pertaining to a Licensee in any Member State will be available to any other Member State.E. Member States contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.F. Any information submitted to the data system that is subsequently required to be expunged by the laws of the Member State contributing the information shall be removed from the data system.ARTICLE 10. RULEMAKING.A. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Article and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment.B. The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect.C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt this Compact within four years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of the Commission.E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:1. On the website of the Commission or other publicly accessible platform; and2. On the website of each Member State occupational therapy licensing board or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules.F. The Notice of Proposed Rulemaking shall include:1. The proposed time, date, and location of the meeting in which the Rule will be considered and voted upon;2. The text of the proposed Rule or amendment and the reason for the proposed Rule;3. A request for comments on the proposed Rule from any interested person; and4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.H. The Commission shall grant an opportunity for a public hearing before it adopts a Rule or amendment if a hearing is requested by:1. At least twenty-five persons;2. A State or federal governmental subdivision or agency; or3. An association or organization having at least twenty-five members.I. If a hearing is held on the proposed Rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.3. All hearings will be recorded. A copy of the recording will be made available on request.4. Nothing in this Article shall be construed as requiring a separate hearing on each Rule.Rules may be grouped for the convenience of the Commission at hearings required by this Article.J. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed Rule without a public hearing.L. The Commission shall, by majority vote of all members, take final action on the proposed Rule and shall determine the effective date of the Rule, if any, based on the Rulemaking record and the full text of the Rule.M. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule without prior notice, opportunity for comment, or hearing; provided that the usual Rulemaking procedures provided in this Compact and in this Article shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:1. Meet an imminent threat to public health, safety, or welfare;2. Prevent a loss of Commission or Member State funds;3. Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule; or4. Protect public health and safety.N. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.ARTICLE 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.A. Oversight.1. The executive, legislative, and judicial branches of state government in each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact's purposes and intent. The provisions of this Compact and the Rules promulgated hereunder shall have standing as statutory law.2. All courts shall take judicial notice of this Compact and the Rules in any judicial or administrative proceeding in a Member State pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.B. Default, Technical Assistance, and Termination.1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:a. Provide written notice to the defaulting state and other Member States of the nature of the default, the proposed means of curing the default, and any other action to be taken by the Commission; andb. Provide remedial training and specific technical assistance regarding the default.2. If a state in default fails to cure the default, the defaulting state may be terminated from this Compact upon an affirmative vote of a majority of the Member States, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.3. Termination of membership in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting State's legislature, and each of the Member States.4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting state.6. The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.C. Dispute Resolution.1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to this Compact that arise among Member States and between Member and non-Member States.2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.D. Enforcement.1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact.2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the provisions of this Compact and its promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.ARTICLE 12. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR OCCUPATIONAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT.A. This Compact shall come into effect on the date on which this Compact statute is enacted into law in the tenth Member State. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of this Compact.B. Any state that joins this Compact subsequent to the Commission's initial adoption of the Rules shall be subject to the Rules as they exist on the date on which this Compact becomes law in that state. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day this Compact becomes law in that State.C. Any Member State may withdraw from this Compact by enacting a statute repealing the same.1. A Member State's withdrawal shall not take effect until six months after enactment of the repealing statute.2. Withdrawal shall not affect the continuing requirement of the withdrawing state's occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.D. Nothing contained in this Compact shall be construed to invalidate or prevent any occupational therapy licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.E. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.ARTICLE 13. CONSTRUCTION AND SEVERABILITY.This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any Member State, this Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.ARTICLE 14. BINDING EFFECT OF COMPACT AND OTHER LAWS.A. A Licensee providing occupational therapy in a Remote State under the Compact Privilege shall function within the laws and regulations of the Remote State.B. Nothing herein prevents the enforcement of any other law of a Member State that is not inconsistent with this Compact.C. Any laws in a Member State in conflict with this Compact are superseded to the extent of the conflict.D. Any lawful actions of the Commission, including all Rules and bylaws promulgated by the Commission, are binding upon the Member States.E. All agreements between the Commission and the Member States are binding in accordance with their terms.F. In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any Member State, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that Member State.Source  Laws 2022, LB752,  2.   Effective Date: July 21, 2022  
38-501.  Act, how cited.Sections 38-501 to 38-527 shall be known and may be cited as the Audiology and Speech-Language Pathology Practice Act.Source  Laws 2007, LB247,  63;  Laws 2007, LB463,  187. 
38-502.  Definitions, where found.For purposes of the Audiology and Speech-Language Pathology Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-503 to 38-509 apply.Source  Laws 1978, LB 406,  13;  Laws 1985, LB 129,  14;  Laws 1988, LB 1100,  66;  Laws 1999, LB 828,  130;   R.S.1943, (2003),  71-1,186;  Laws 2007, LB247,  27;  Laws 2007, LB247,  64;  Laws 2007, LB463,  188. 
38-503.  Audiologist, defined.Audiologist means an individual who practices audiology and who presents himself or herself to the public by any title or description of services incorporating the words audiologist, hearing clinician, or hearing therapist or any similar title or description of services.Source Laws 2007, LB463,  189. 
38-504.  Board, defined.Board means the Board of Audiology and Speech-Language Pathology.Source Laws 2007, LB463,  190. 
38-505.  Audiology or speech-language pathology assistant, defined.Audiology or speech-language pathology assistant or any individual who presents himself or herself to the public by any title or description with the same duties means any person who, following specified training and receiving specified supervision, provides specified limited structured communication or swallowing services, which are developed and supervised by a licensed audiologist or licensed speech-language pathologist, in the areas in which the supervisor holds licenses.Source  Laws 2007, LB247,  65;  Laws 2007, LB463,  191. 
38-506.  Dysphagia, defined.Dysphagia means disorders of swallowing.Source Laws 2007, LB247,  66. 
38-507 .  Practice of audiology, defined.Practice of audiology means the application of evidence-based practice in clinical decisionmaking for the prevention, assessment, habilitation, rehabilitation, and maintenance of persons with hearing, auditory function, and vestibular function impairments and related impairments, including (1) cerumen removal from the cartilaginous outer one-third portion of the external auditory canal when the presence of cerumen may affect the accuracy of hearing evaluations or impressions of the ear canal for amplification devices and (2) evaluation, selection, fitting, and dispensing of hearing instruments, external processors of implantable hearing instruments, and assistive technology devices as part of a comprehensive audiological rehabilitation program. Practice of audiology does not include the practice of medical diagnosis, medical treatment, or surgery.Source  Laws 2007, LB247,  67;  Laws 2007, LB463,  192;  Laws 2009, LB195,  8. 
38-508.  Practice of speech-language pathology, defined.Practice of speech-language pathology means the application of principles and methods associated with the development and disorders of human communication skills and with dysphagia, which principles and methods include screening, assessment, evaluation, treatment, prevention, consultation, and restorative modalities for speech, voice, language, language-based learning, hearing, swallowing, or other upper aerodigestive functions for the purpose of improving quality of life by reducing impairments of body functions and structures, activity limitations, participation restrictions, and environmental barriers. Practice of speech-language pathology does not include the practice of medical diagnosis, medical treatment, or surgery.Source  Laws 2007, LB247,  68;  Laws 2007, LB463,  193. 
38-509.  Speech-language pathologist, defined.Speech-language pathologist means an individual who presents himself or herself to the public by any title or description of services incorporating the words speech-language pathologist, speech therapist, speech correctionist, speech clinician, language pathologist, language therapist, language clinician, logopedist, communicologist, aphasiologist, aphasia therapist, voice pathologist, voice therapist, voice clinician, phoniatrist, or any similar title, term, or description of services.Source Laws 2007, LB463,  194. 
38-510.  Membership on board; qualifications.Membership on the board shall consist of four professional members and one public member appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165. Two of the professional members shall be audiologists, and two of the professional members shall be speech-language pathologists.Source Laws 2007, LB463,  195. 
38-511.  Practice of audiology or speech-language pathology; act, how construed.Nothing in the Audiology and Speech-Language Pathology Practice Act shall be construed to prevent or restrict:(1) The practice of audiology or speech-language pathology or the use of the official title of such practice by a person employed as a speech-language pathologist or audiologist by the federal government;(2) A physician from engaging in the practice of medicine and surgery or any individual from carrying out any properly delegated responsibilities within the normal practice of medicine and surgery under the supervision of a physician;(3) A person licensed as a hearing instrument specialist in this state from engaging in the fitting, selling, and servicing of hearing instruments or performing such other duties as defined in the Hearing Instrument Specialists Practice Act;(4) The practice of audiology or speech-language pathology or the use of the official title of such practice by a person who holds a valid and current credential as a speech-language pathologist or audiologist issued by the State Department of Education, if such person performs speech-language pathology or audiology services solely as a part of his or her duties within an agency, institution, or organization for which no fee is paid directly or indirectly by the recipient of such service and under the jurisdiction of the State Department of Education, but such person may elect to be within the jurisdiction of the Audiology and Speech-Language Pathology Practice Act;(5) The clinical practice in audiology or speech-language pathology required for students enrolled in an accredited college or university pursuing a major in audiology or speech-language pathology, if such clinical practices are supervised by a person licensed to practice audiology or speech-language pathology and if the student is designated by a title such as student clinician or other title clearly indicating the training status; or(6) The utilization of a speech aide or other personnel employed by a public school, educational service unit, or other private or public educational institution working under the direct supervision of a credentialed speech-language pathologist.Source  Laws 1978, LB 406,  14;  Laws 1985, LB 129,  15;  Laws 1990, LB 828,  1;  Laws 2001, LB 209,  11;   R.S.1943, (2003),  71-1,187;  Laws 2007, LB247,  28;  Laws 2007, LB463,  196;  Laws 2009, LB195,  9. Cross References  Hearing Instrument Specialists Practice Act, see section 38-1501.
38-512.  Sale of hearing instruments; audiologist; applicability of act.Any audiologist who engages in the sale of hearing instruments shall not be exempt from the Hearing Instrument Specialists Practice Act.Source  Laws 1978, LB 406,  23;   R.S.1943, (2003),  71-1,196;  Laws 2007, LB463,  197;  Laws 2009, LB195,  10. Cross References  Hearing Instrument Specialists Practice Act, see section 38-1501.
38-513.  Licensed professional; nonresident; practice of audiology or speech-language pathology; act, how construed.Nothing in the Audiology and Speech-Language Pathology Practice Act shall be construed to prevent or restrict (1) a qualified person licensed in this state from engaging in the profession for which he or she is licensed if he or she does not present himself or herself to be an audiologist or speech-language pathologist or (2) the performance of audiology or speech-language pathology services in this state by any person not a resident of this state who is not licensed either under the act or in a member state of the Audiology and Speech-Language Pathology Interstate Compact, if (a) such services are performed for not more than thirty days in any calendar year, (b) such person meets the qualifications and requirements for application for licensure under the act, (c) such person is working under the supervision of a person licensed in Nebraska to practice speech-language pathology or audiology or under the supervision of a person licensed in a member state practicing speech-language pathology or audiology in Nebraska under the compact privilege, and (d) such person registers with the board prior to initiation of professional services.Source  Laws 1978, LB 406,  15;  Laws 1985, LB 129,  16;  Laws 1990, LB 828,  2;   R.S.1943, (2003),  71-1,188;  Laws 2007, LB463,  198;  Laws 2021, LB14,  1.  Cross References  Audiology and Speech-Language Pathology Interstate Compact, see section 38-4101.
38-514.  Audiologist; initiate aural rehabilitation; when.Before any audiologist initiates any aural rehabilitation for an individual, the audiologist shall have in his or her possession evidence of a current otologic examination performed by a physician or the audiologist shall issue a written statement that the individual has been informed that he or she may have a medically or surgically remediable hearing loss and should seek the advice of a physician. The audiologist and the individual receiving aural rehabilitation shall sign the statement and a copy of the statement shall be provided to the individual. All vestibular testing performed by an audiologist shall be done at the referral of a physician and, whenever possible, at the referral of an otolaryngologist or neurologist.Source  Laws 1978, LB 406,  16;  Laws 1985, LB 129,  17;   R.S.1943, (2003),  71-1,189;  Laws 2007, LB463,  199. 
38-515.  Practice of audiology or speech-language pathology; license or privilege to practice; applicant; requirements.(1) Every applicant for a license to practice audiology shall (a)(i) for applicants graduating prior to September 1, 2007, present proof of a master's degree, a doctoral degree, or the equivalent of a master's degree or doctoral degree in audiology from an academic program approved by the board, and (ii) for applicants graduating on or after September 1, 2007, present proof of a doctoral degree or its equivalent in audiology, (b) present proof of no less than thirty-six weeks of full-time professional experience or equivalent half-time professional experience in audiology, supervised in the area in which licensure is sought, and (c) successfully complete an examination approved by the board.(2) Every applicant for a license to practice speech-language pathology shall (a) present proof of a master's degree, a doctoral degree, or the equivalent of a master's degree or doctoral degree in speech-language pathology from an academic program approved by the board, (b) present proof of no less than thirty-six weeks of full-time professional experience or equivalent half-time professional experience in speech-language pathology, supervised in the area in which licensure is sought, and (c) successfully complete an examination approved by the board.(3) Presentation of official documentation of certification by a nationwide professional accrediting organization approved by the board shall be deemed equivalent to the requirements of this section.(4) Every applicant for a privilege to practice audiology or speech-language pathology under the Audiology and Speech-Language Pathology Interstate Compact shall present proof of authorization from a member state, as defined in section 38-4101, to practice as an audiologist or speech-language pathologist.Source  Laws 1978, LB 406,  17;  Laws 1985, LB 129,  18;  Laws 1988, LB 1100,  67;   R.S.1943, (2003),  71-1,190;  Laws 2007, LB463,  200;  Laws 2007, LB463,  1178;  Laws 2021, LB14,  2.  Cross References   Audiology and Speech-Language Pathology Interstate Compact, see section 38-4101.  Credentialing, general requirements and issuance procedures, see section 38-121 et seq. 
38-516.  Continuing competency requirements.An applicant for licensure to practice audiology or speech-language pathology who has met the education, professional experience, and examination requirements in section 38-515, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.Source Laws 2007, LB463,  201. 
38-517.  Reciprocity; continuing competency requirements; military spouse; temporary license.(1) An applicant for licensure to practice audiology or speech-language pathology who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source  Laws 2007, LB463,  202;  Laws 2017, LB88,  38.  
38-518.  Practice of audiology or speech-language pathology; temporary license; granted; when.A temporary license to practice audiology or speech-language pathology may be granted to:(1) A military spouse as provided in section 38-129.01; or(2) A person who establishes residence in Nebraska, or a person who is a resident of a member state of the Audiology and Speech-Language Pathology Interstate Compact, if such person:(a) Meets all the requirements for a license except passage of the examination required by section 38-515, which temporary license shall be valid only until the date on which the results of the next licensure examination are available to the department and shall not be renewed; or(b) Meets all the requirements for a license except completion of the professional experience required by section 38-515, which temporary license shall be valid only until the sooner of completion of such professional experience or eighteen months and shall not be renewed.Source  Laws 1978, LB 406,  21;  Laws 1985, LB 129,  22;  Laws 1988, LB 1100,  68;   Laws 1991, LB 456,  28;  Laws 2001, LB 209,  12;  Laws 2003, LB 242,  59;   R.S.1943, (2003),  71-1,194;  Laws 2007, LB463,  203;  Laws 2017, LB88,  39;  Laws 2021, LB14,  3.  Cross References  Audiology and Speech-Language Pathology Interstate Compact, see section 38-4101.
38-519.  Audiology or speech-language pathology assistant; registration; requirements.(1) Upon application and payment of the registration fee, the department shall register to practice as an audiology or speech-language pathology assistant any person who:(a)(i) Holds a bachelor's degree or its equivalent in communication disorders, (ii) holds an associate degree or its equivalent in communication disorders from an accredited training program, or (iii) between the period of June 1, 2005, and June 1, 2007, was registered as and practiced as a communication assistant for at least thirty hours per week for a minimum of nine months per year;(b) Has successfully completed all required training pursuant to sections 38-521 and 38-522 and any inservice training required pursuant to section 38-526; and(c) Has demonstrated ability to reliably maintain records and provide treatment under the supervision of a licensed audiologist or speech-language pathologist.(2) Such registration shall be valid for one year from the date of issuance.Source  Laws 1985, LB 129,  23;  Laws 1988, LB 1100,  69;  Laws 2002, LB 1021,  27;  Laws 2003, LB 242,  60;   R.S.1943, (2003),  71-1,195.01;  Laws 2007, LB247,  29;  Laws 2007, LB463,  204. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
38-520.  Audiologist or speech-language pathology assistant; supervision; termination.(1) The department, with the recommendation of the board, shall approve an application submitted by an audiologist or speech-language pathologist for supervision of an audiology or speech-language pathology assistant when:(a) The audiology or speech-language pathology assistant meets the requirements for registration pursuant to section 38-519;(b) The audiologist or speech-language pathologist has a valid Nebraska license or a privilege to practice audiology or speech-language pathology under the Audiology and Speech-Language Pathology Interstate Compact; and(c) The audiologist or speech-language pathologist practices in Nebraska.(2) Any audiologist or speech-language pathologist seeking approval for supervision of an audiology or speech-language pathology assistant shall submit an application which is signed by the audiology or speech-language pathology assistant and the audiologist or speech-language pathologist with whom he or she is associated. Such application shall (a) identify the settings within which the audiology or speech-language pathology assistant is authorized to practice, (b) describe the agreed-upon functions that the audiology or speech-language pathology assistant may perform as provided in section 38-523, and (c) describe the provision for supervision by an alternate audiologist or speech-language pathologist when necessary.(3) If the supervision of an audiology or speech-language pathology assistant is terminated by the audiologist, speech-language pathologist, or audiology or speech-language pathology assistant, the audiologist or speech-language pathologist shall notify the department of such termination. An audiologist or speech-language pathologist who thereafter assumes the responsibility for such supervision shall obtain a certificate of approval to supervise an audiology or speech-language pathology assistant from the department prior to the use of the audiology or speech-language pathology assistant in the practice of audiology or speech-language pathology.Source  Laws 1985, LB 129,  24;  Laws 1987, LB 473,  30;  Laws 1988, LB 1100,  70;   R.S.1943, (2003),  71-1,195.02;  Laws 2007, LB247,  30;  Laws 2007, LB463,  205;  Laws 2021, LB14,  4.  Cross References  Audiology and Speech-Language Pathology Interstate Compact, see section 38-4101.
38-521.  Audiology or speech-language pathology assistant; initial training.Initial training for an audiology or speech-language pathology assistant shall consist of graduation from an accredited program with a focus on communication disorders which shall include:(1) An overview of speech, language, and dysphagia and the practice of audiology and speech-language pathology;(2) Ethical and legal responsibilities;(3) Normal language, speech, and hearing functions and swallowing physiology;(4) Observing and recording patient progress;(5) Behavior management and modification; and(6) Record keeping.Source  Laws 1985, LB 129,  26;  Laws 1988, LB 1100,  72;   R.S.1943, (2003),  71-1,195.04;  Laws 2007, LB247,  32;  Laws 2007, LB463,  206. 
38-522.  Audiology or speech-language pathology assistant; aural rehabilitation programs; training.In addition to the initial training required by section 38-521, an audiology or speech-language pathology assistant assigned to provide aural rehabilitation programs shall have additional training which shall include, but not be limited to:(1) Information concerning the nature of hearing loss;(2) Purposes and principles of auditory and visual training;(3) Maintenance and use of amplification devices; and(4) Such other subjects as the department may deem appropriate.Source  Laws 1985, LB 129,  27;  Laws 1988, LB 1100,  73;   R.S.1943, (2003),  71-1,195.05;  Laws 2007, LB247,  33;  Laws 2007, LB463,  207. 
38-523.  Audiology or speech-language assistant; duties and activities.An audiology or speech-language pathology assistant may, under the supervision of a licensed audiologist or speech-language pathologist, perform the following duties and activities:(1) Implement programs and procedures designed by a licensed audiologist or speech-language pathologist;(2) Maintain records of implemented procedures which document a patient's responses to treatment;(3) Provide input for interdisciplinary treatment planning, inservice training, and other activities directed by a licensed audiologist or speech-language pathologist;(4) Prepare instructional material to facilitate program implementation as directed by a licensed audiologist or speech-language pathologist;(5) Follow plans, developed by the licensed audiologist or speech-language pathologist, that provide specific sequences of treatment to individuals with communicative disorders or dysphagia; and(6) Chart or log patient responses to the treatment plan.Source  Laws 1985, LB 129,  28;  Laws 1988, LB 1100,  74;   R.S.1943, (2003),  71-1,195.06;  Laws 2007, LB247,  34;  Laws 2007, LB463,  208. 
38-524.  Audiology or speech-language pathology assistant; acts prohibited.An audiology or speech-language pathology assistant shall not:(1) Evaluate or diagnose any type of communication disorder;(2) Evaluate or diagnose any type of dysphagia;(3) Interpret evaluation results or treatment progress;(4) Consult or counsel, independent of the licensed audiologist or speech-language pathologist, with a patient, a patient's family, or staff regarding the nature or degree of communication disorders or dysphagia;(5) Plan patient treatment programs;(6) Represent himself or herself as an audiologist or speech-language pathologist or as a provider of speech, language, swallowing, or hearing treatment or assessment services;(7) Independently initiate, modify, or terminate any treatment program; or(8) Fit or dispense hearing instruments.Source  Laws 1985, LB 129,  29;  Laws 1988, LB 1100,  75;   R.S.1943, (2003),  71-1,195.07;  Laws 2007, LB247,  35;  Laws 2007, LB463,  209;  Laws 2009, LB195,  11. 
38-525.  Audiology or speech-language pathology assistant; supervisor; duties.(1) When supervising an audiology or speech-language pathology assistant, the supervising audiologist or speech-language pathologist shall:(a) Provide supervision for no more than two audiology or speech-language pathology assistants at one time;(b) Provide direct onsite supervision for the first two treatment sessions of each patient's care;(c) Provide direct onsite supervision of at least twenty percent of all subsequent treatment sessions per quarter;(d) Provide at least ten hours of inservice training per registration period, either formal or informal, which is directly related to the particular services provided by the audiology or speech-language pathology assistant; and(e) Prepare semiannual performance evaluations of the audiology or speech-language pathology assistant to be reviewed with the audiology or speech-language pathology assistant on a one-to-one basis.(2) The supervising audiologist or speech-language pathologist shall be responsible for all aspects of patient treatment.Source  Laws 1985, LB 129,  30;  Laws 1988, LB 1100,  76;   R.S.1943, (2003),  71-1,195.08;  Laws 2007, LB247,  36;  Laws 2007, LB463,  210. 
38-526.  Audiology or speech-language pathology assistant; evaluation, supervision, training; supervisor; report required.The supervising audiologist or speech-language pathologist shall provide annual reports to the department verifying that evaluation, supervision, and training required by section 38-525 has been completed. The audiologist or speech-language pathologist shall keep accurate records of such evaluation, supervision, and training.Source  Laws 1985, LB 129,  31;  Laws 1988, LB 1100,  77;   R.S.1943, (2003),  71-1,195.09;  Laws 2007, LB247,  37;  Laws 2007, LB247,  69;  Laws 2007, LB463,  211. 
38-527.  Fees.The department shall establish and collect fees for initial licensure and registration and renewal of licensure and registration under the Audiology and Speech-Language Pathology Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  212. 
38-601.  Act, how cited.Sections 38-601 to 38-618 shall be known and may be cited as the Certified Nurse Midwifery Practice Act.Source  Laws 1984, LB 761,  1;  Laws 2005, LB 256,  82;   R.S.Supp.,2006,  71-1738;  Laws 2007, LB463,  213. 
38-602.  Legislative findings.The Legislature hereby finds and declares that the Certified Nurse Midwifery Practice Act is necessary to safeguard public life, health, safety, and welfare, to assure the highest degree of professional conduct by practitioners of certified nurse midwifery, and to insure the availability of high quality midwifery services to persons desiring such services.Source  Laws 1984, LB 761,  2;   R.S.1943, (2003),  71-1739;  Laws 2007, LB463,  214. 
38-603.  Definitions, where found.For purposes of the Certified Nurse Midwifery Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-604 to 38-610 apply.Source  Laws 1984, LB 761,  3;  Laws 1999, LB 828,  160;   R.S.1943, (2003),  71-1740;  Laws 2007, LB463,  215. 
38-604.  Approved certified nurse midwifery education program, defined.Approved certified nurse midwifery education program means a certified nurse midwifery education program approved by the board. The board may require such program to be accredited by the American College of Nurse-Midwives.Source  Laws 1984, LB 761,  12;  Laws 2005, LB 256,  85;   R.S.Supp.,2006,  71-1749;  Laws 2007, LB185,  21;  Laws 2007, LB463,  216. 
38-605.  Board, defined.Board means the Board of Advanced Practice Registered Nurses.Source  Laws 1984, LB 761,  6;  Laws 1993, LB 536,  74;  Laws 1999, LB 828,  161;  Laws 2005, LB 256,  83;   R.S.Supp.,2006,  71-1743;  Laws 2007, LB463,  217. 
38-606.  Certified nurse midwife, defined.Certified nurse midwife means a person certified by a board-approved certifying body and licensed under the Advanced Practice Registered Nurse Practice Act to practice certified nurse midwifery in the State of Nebraska. Nothing in the Certified Nurse Midwifery Practice Act is intended to restrict the practice of registered nurses.Source  Laws 1984, LB 761,  11;   R.S.1943, (2003),  71-1748;  Laws 2007, LB185,  20;  Laws 2007, LB463,  218. Cross References  Advanced Practice Registered Nurse Practice Act, see section 38-201.
38-607.  Collaboration, defined.Collaboration means a process and relationship in which a certified nurse midwife works together with other health professionals to deliver health care within the scope of practice of certified nurse midwifery as provided in the Certified Nurse Midwifery Practice Act. The collaborative relationship between the physician and the nurse midwife shall be subject to the control and regulation of the board.Source  Laws 1984, LB 761,  10;  Laws 2005, LB 256,  84;   R.S.Supp.,2006,  71-1747;  Laws 2007, LB463,  219. 
38-608.  Licensed practitioner, defined.Licensed practitioner means any physician licensed to practice pursuant to the Medicine and Surgery Practice Act, whose practice includes obstetrics.Source  Laws 1984, LB 761,  9;   R.S.1943, (2003),  71-1746;  Laws 2007, LB463,  220. Cross References  Medicine and Surgery Practice Act, see section 38-2001.
38-609.  Practice agreement, defined.Practice agreement means the written agreement authored and signed by the certified nurse midwife and the licensed practitioner with whom he or she is associated which:(1) Identifies the settings within which the certified nurse midwife is authorized to practice;(2) Names the collaborating licensed practitioner or, if more than one licensed practitioner is a party to such practice agreement, names all of the collaborating licensed practitioners;(3) Defines or describes the medical functions to be performed by the certified nurse midwife, which are not inconsistent with the Certified Nurse Midwifery Practice Act, as agreed to by the nurse midwife and the collaborating licensed practitioner; and(4) Contains such other information as required by the board.Source  Laws 1984, LB 761,  13;  Laws 2005, LB 256,  86;   R.S.Supp.,2006,  71-1750;  Laws 2007, LB463,  221. 
38-610.  Supervision, defined.Supervision means the ready availability of a collaborating licensed practitioner for consultation and direction of the activities of the certified nurse midwife related to delegated medical functions as outlined in the practice agreement.Source  Laws 1984, LB 761,  14;   R.S.1943, (2003),  71-1751;  Laws 2007, LB463,  222. 
38-611.  Certified nurse midwife; authorized activities.A certified nurse midwife may, under the provisions of a practice agreement, (1) attend cases of normal childbirth, (2) provide prenatal, intrapartum, and postpartum care, (3) provide normal obstetrical and gynecological services for women, and (4) provide care for the newborn immediately following birth. The conditions under which a certified nurse midwife is required to refer cases to a collaborating licensed practitioner shall be specified in the practice agreement.Source  Laws 1984, LB 761,  15;   R.S.1943, (2003),  71-1752;  Laws 2007, LB185,  22;  Laws 2007, LB463,  223. 
38-612.  Unlicensed person; acts not prohibited.The Certified Nurse Midwifery Practice Act shall not prohibit the performance of the functions of a certified nurse midwife by an unlicensed person if performed:(1) In an emergency situation;(2) By a legally qualified person from another state employed by the United States Government and performing official duties in this state; or(3) By a person enrolled in an approved program for the preparation of certified nurse midwives as part of such approved program.Source  Laws 1984, LB 761,  28;   R.S.1943, (2003),  71-1765;  Laws 2007, LB185,  27;  Laws 2007, LB463,  224. 
38-613.  Permitted practice described in practice agreement; supervision; settings; subject to review by board; rules and regulations.(1) The specific medical functions to be performed by a certified nurse midwife within the scope of permitted practice prescribed by section 38-611 shall be described in the practice agreement which shall be reviewed and approved by the board. A copy of the agreement shall be maintained on file with the board as a condition of lawful practice under the Certified Nurse Midwifery Practice Act.(2) A certified nurse midwife shall perform the functions detailed in the practice agreement only under the supervision of the licensed practitioner responsible for the medical care of the patients described in the practice agreement. If the collaborating licensed practitioner named in the practice agreement becomes temporarily unavailable, the certified nurse midwife may perform the authorized medical functions only under the supervision of another licensed practitioner designated as a temporary substitute for that purpose by the collaborating licensed practitioner.(3) A certified nurse midwife may perform authorized medical functions only in the following settings:(a) In a licensed or certified health care facility as an employee or as a person granted privileges by the facility;(b) In the primary office of a licensed practitioner or in any setting authorized by the collaborating licensed practitioner, except that a certified nurse midwife shall not attend a home delivery; or(c) Within an organized public health agency.(4) The department shall, after consultations with the board, adopt and promulgate rules and regulations to carry out the Certified Nurse Midwifery Practice Act.Source  Laws 1984, LB 761,  16;  Laws 1993, LB 536,  75;  Laws 2005, LB 256,  87;   R.S.Supp.,2006,  71-1753;  Laws 2007, LB463,  225. 
38-614.  Change in practice; new or amended agreement.If a certified nurse midwife intends to alter his or her practice status by reason of a change in the setting, supervision by a different licensed practitioner, modification of the authorized medical functions, or for any other reason, he or she shall submit a new or amended practice agreement to the board for approval before any change may be permitted.Source  Laws 1984, LB 761,  17;  Laws 2005, LB 256,  88;   R.S.Supp.,2006,  71-1754;  Laws 2007, LB463,  226. 
38-615.  Licensure as nurse midwife; application; requirements; temporary licensure.(1) An applicant for licensure under the Advanced Practice Registered Nurse Practice Act to practice as a certified nurse midwife shall submit such evidence as the board requires showing that the applicant is currently licensed as a registered nurse by the state or has the authority based on the Nurse Licensure Compact to practice as a registered nurse in Nebraska, has successfully completed an approved certified nurse midwifery education program, and is certified as a nurse midwife by a board-approved certifying body.(2) The department may, with the approval of the board, grant temporary licensure as a certified nurse midwife for up to one hundred twenty days upon application (a) to graduates of an approved nurse midwifery program pending results of the first certifying examination following graduation and (b) to nurse midwives currently licensed in another state pending completion of the application for a Nebraska license. A temporary license issued pursuant to this subsection may be extended for up to one year with the approval of the board.(3) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.(4) If more than five years have elapsed since the completion of the nurse midwifery program or since the applicant has practiced as a nurse midwife, the applicant shall meet the requirements in subsection (1) of this section and provide evidence of continuing competency, as may be determined by the board, either by means of a reentry program, references, supervised practice, examination, or one or more of the continuing competency activities listed in section 38-145.Source  Laws 1984, LB 761,  18;  Laws 1993, LB 536,  76;  Laws 1997, LB 752,  175;  Laws 2002, LB 1021,  63;  Laws 2003, LB 242,  107;  Laws 2005, LB 256,  89;   R.S.Supp.,2006,  71-1755;  Laws 2007, LB185,  23;  Laws 2007, LB463,  227;  Laws 2017, LB88,  40.  Cross References   Advanced Practice Registered Nurse Practice Act, see section 38-201.  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02. 
38-616.  License; renewal.To renew a license as a certified nurse midwife, the applicant shall have a current certification by a board-approved certifying body to practice nurse midwifery.Source  Laws 1984, LB 761,  20;  Laws 1986, LB 926,  57;  Laws 1993, LB 536,  77;  Laws 1994, LB 1223,  42;  Laws 2002, LB 1021,  64;  Laws 2002, LB 1062,  48;  Laws 2003, LB 242,  108;  Laws 2005, LB 256,  90;   R.S.Supp.,2006,  71-1757;  Laws 2007, LB185,  25;  Laws 2007, LB463,  228. 
38-617.  Certified nurse midwife; right to use title or abbreviation.Any person who holds a license to practice nurse midwifery in this state shall have the right to use the title certified nurse midwife and the abbreviation CNM. No other person shall use such title or abbreviation to indicate that he or she is licensed under the Advanced Practice Registered Nurse Practice Act to practice certified nurse midwifery.Source  Laws 1984, LB 761,  19;   R.S.1943, (2003),  71-1756;  Laws 2007, LB185,  24;  Laws 2007, LB463,  229. Cross References  Advanced Practice Registered Nurse Practice Act, see section 38-201.
38-618.  Act, how interpreted.Nothing in the Certified Nurse Midwifery Practice Act shall be interpreted to permit independent practice.Source  Laws 1984, LB 761,  26;   R.S.1943, (2003),  71-1763;  Laws 2007, LB463,  230. 
38-701.  Act, how cited.Sections 38-701 to 38-711 shall be known and may be cited as the Certified Registered Nurse Anesthetist Practice Act.Source  Laws 2005, LB 256,  73;   R.S.Supp.,2006,  71-1728;  Laws 2007, LB463,  231. 
38-702.  Definitions, where found.For purposes of the Certified Registered Nurse Anesthetist Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-703 to 38-706 apply.Source Laws 2007, LB463,  232. 
38-703.  Board, defined.Board means the Board of Advanced Practice Registered Nurses.Source Laws 2007, LB463,  233. 
38-704.  Certified registered nurse anesthetist, defined.Certified registered nurse anesthetist means a licensed registered nurse certified by a board-approved certifying body and licensed under the Advanced Practice Registered Nurse Practice Act to practice as a certified registered nurse anesthetist in the State of Nebraska.Source Laws 2007, LB463,  234. Cross References  Advanced Practice Registered Nurse Practice Act, see section 38-201.
38-705.  Licensed practitioner, defined.Licensed practitioner means any physician or osteopathic physician licensed to prescribe, diagnose, and treat as prescribed in the Medicine and Surgery Practice Act.Source Laws 2007, LB463,  235. Cross References  Medicine and Surgery Practice Act, see section 38-2001.
38-706.  Practice of anesthesia, defined; activities not subject to act.(1) Practice of anesthesia means (a) the performance of or the assistance in any act involving the determination, preparation, administration, or monitoring of any drug used to render an individual insensible to pain for procedures requiring the presence of persons educated in the administration of anesthetics or (b) the performance of any act commonly the responsibility of educated anesthesia personnel. Practice of anesthesia includes the use of those techniques which are deemed necessary for adequacy in performance of anesthesia administration.(2) Nothing in the Certified Registered Nurse Anesthetist Practice Act prohibits (a) routine administration of a drug by a duly licensed registered nurse, licensed practical nurse, or other duly authorized person for the alleviation of pain or (b) the practice of anesthesia by students enrolled in an accredited school of nurse anesthesia when the services performed are a part of the course of study and are under the supervision of a licensed practitioner or certified registered nurse anesthetist.Source   Laws 1981, LB 379,  26;   Laws 1992, LB 1019,  73;  Laws 2002, LB 1062,  47;  Laws 2005, LB 256,  74;   R.S.Supp.,2006,  71-1729;  Laws 2007, LB185,  14;  Laws 2007, LB296,  485;  Laws 2007, LB463,  236. 
38-707.  Certified registered nurse anesthetist; license; requirements.(1) An applicant for a license under the Advanced Practice Registered Nurse Practice Act to practice as a certified registered nurse anesthetist shall:(a) Hold a license as a registered nurse in the State of Nebraska or have the authority based on the Nurse Licensure Compact to practice as a registered nurse in Nebraska;(b) Submit evidence of successful completion of a course of study in anesthesia in a school of nurse anesthesia accredited or approved by or under the auspices of the department or the Council on Accreditation of Nurse Anesthesia and Educational Programs; and(c) Submit evidence of current certification by the Council on Certification of Nurse Anesthetists.(2) If more than five years have elapsed since the applicant completed the nurse anesthetist program or since the applicant has practiced as a nurse anesthetist, he or she shall meet the requirements of subsection (1) of this section and shall provide evidence of continuing competency as determined by the board, including, but not limited to, a reentry program, supervised practice, examination, or one or more of the continuing competency activities listed in section 38-145.Source   Laws 1981, LB 379,  27;  Laws 1984, LB 724,  29;   Laws 1992, LB 1019,  74;  Laws 1996, LB 414,  44;  Laws 1997, LB 752,  174;  Laws 1999, LB 828,  155;  Laws 2002, LB 1021,  61;  Laws 2003, LB 242,  105;  Laws 2005, LB 256,  78;   R.S.Supp.,2006,  71-1730;  Laws 2007, LB185,  15;  Laws 2007, LB463,  237. Cross References   Advanced Practice Registered Nurse Practice Act, see section 38-201.  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02. 
38-708.  Certified registered nurse anesthetist; temporary license; permit.(1) The department may, with the approval of the board, grant a temporary license in the practice of anesthesia for up to one hundred twenty days upon application (a) to graduates of an accredited school of nurse anesthesia pending results of the first certifying examination following graduation and (b) to registered nurse anesthetists currently licensed in another state pending completion of the application for a Nebraska license. A temporary license issued pursuant to this subsection may be extended at the discretion of the board with the approval of the department.(2) An applicant for a license to practice as a certified registered nurse anesthetist who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source   Laws 1981, LB 379,  28;  Laws 1984, LB 724,  30;   Laws 1992, LB 1019,  75;  Laws 1996, LB 414,  45;  Laws 1999, LB 828,  156;  Laws 2005, LB 256,  79;   R.S.Supp.,2006,  71-1731;  Laws 2007, LB185,  16;  Laws 2007, LB463,  238;  Laws 2017, LB88,  41.  
38-709.  Certified registered nurse anesthetist; license; renewal.To renew a license to practice as a certified registered nurse anesthetist, the applicant shall have current certification by the Council on Certification of Nurse Anesthetists.Source   Laws 1981, LB 379,  32;  Laws 1993, LB 536,  73;  Laws 1995, LB 563,  42;  Laws 1996, LB 414,  46;  Laws 1999, LB 828,  157;  Laws 2000, LB 1115,  61;  Laws 2002, LB 1021,  62;  Laws 2003, LB 242,  106;  Laws 2005, LB 256,  80;   R.S.Supp.,2006,  71-1735;  Laws 2007, LB185,  18;  Laws 2007, LB463,  239. Cross References  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
38-710.  Use of title and abbreviation.A person licensed as a certified registered nurse anesthetist has the right to use the title certified registered nurse anesthetist and the abbreviation C.R.N.A.Source Laws 2007, LB463,  240. 
38-711.  Certified registered nurse anesthetist; performance of duties.(1) The determination and administration of total anesthesia care shall be performed by the certified registered nurse anesthetist or a nurse anesthetist temporarily licensed pursuant to section 38-708 in consultation and collaboration with and with the consent of the licensed practitioner.(2) The following duties and functions shall be considered as specific expanded role functions of the certified registered nurse anesthetist:(a) Preanesthesia evaluation including physiological studies to determine proper anesthetic management and obtaining informed consent;(b) Selection and application of appropriate monitoring devices;(c) Selection and administration of anesthetic techniques;(d) Evaluation and direction of proper postanesthesia management and dismissal from postanesthesia care;(e) Evaluation and recording of postanesthesia course of patients; and(f) Use of fluoroscopy in conjunction with a licensed medical radiographer in connection with the performance of authorized duties and functions upon (i) the successful completion of appropriate education and training as approved jointly by the department and the board and promulgated by the department in rules and regulations pursuant to section 71-3508 and (ii) a determination regarding the scope and supervision of such use consistent with subsection (3) of this section.(3) The determination of other duties that are normally considered medically delegated duties to the certified registered nurse anesthetist or to a nurse anesthetist temporarily licensed pursuant to section 38-708 shall be the joint responsibility of the governing board of the hospital, medical staff, and nurse anesthetist personnel of any duly licensed hospital or, if in an office or clinic, the joint responsibility of the duly licensed practitioner and nurse anesthetist. All such duties, except in cases of emergency, shall be in writing in the form prescribed by hospital or office policy.Source   Laws 1981, LB 379,  31;   Laws 1992, LB 1019,  76;   R.S.1943, (2003),  71-1734;  Laws 2007, LB185,  17;  Laws 2007, LB463,  241;  Laws 2008, LB928,  4. 
38-801.  Act, how cited.Sections 38-801 to 38-811 shall be known and may be cited as the Chiropractic Practice Act.Source Laws 2007, LB463,  242. 
38-802.  Definitions, where found.For purposes of the Chiropractic Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-803 to 38-805 apply.Source Laws 2007, LB463,  243. 
38-803.  Accredited college of chiropractic, defined.An accredited college of chiropractic means (1) one which is approved by the board, (2) a legally chartered college of chiropractic requiring for admission a diploma from an accredited high school or its equivalent and, beginning with students entering a college of chiropractic on or after January 1, 1974, at least two years credit from an accredited college or university of this or some other state, which requirement shall be regularly published in each prospectus or catalog issued by such institution, (3) one which conducts a clinic for patients in which its students are required to regularly participate in the care and adjustment of patients, (4) one giving instruction in anatomy, orthopedics, physiology, embryology, chemistry, pathology, health ecology, bacteriology, symptomatology, histology, spinal analysis, diagnosis, roentgenology, neurology, and principles and practice of chiropractic, and (5) one requiring an actual attendance for four college years totaling not less than four thousand hours.Source   Laws 1927, c. 167,  79, p. 475;   C.S.1929,  71-1104;   R.S.1943,  71-180;   Laws 1945, c. 163,  1, p. 528;  Laws 1973, LB 115,  1;  Laws 1996, LB 1044,  405;  Laws 1999, LB 828,  67;   R.S.1943, (2003),  71-180;  Laws 2007, LB463,  244. 
38-804.  Board, defined.Board means the Board of Chiropractic.Source Laws 2007, LB463,  245. 
38-805.  Practice of chiropractic, defined.(1) Practice of chiropractic means one or a combination of the following, without the use of drugs or surgery:(a) The diagnosis and analysis of the living human body for the purpose of detecting ailments, disorders, and disease by the use of diagnostic X-ray, physical and clinical examination, and routine procedures including urine analysis; or(b) The science and art of treating human ailments, disorders, and disease by locating and removing any interference with the transmission and expression of nerve energy in the human body by chiropractic adjustment, chiropractic physiotherapy, and the use of exercise, nutrition, dietary guidance, and colonic irrigation.(2) The use of X-rays beyond the axial skeleton as described in subdivision (1)(a) of this section shall be solely for diagnostic purposes and shall not expand the practice of chiropractic to include the treatment of human ailments, disorders, and disease not permitted when the use of X-rays was limited to the axial skeleton.Source   Laws 1927, c. 167,  76, p. 474;   C.S.1929,  71-1101;   R.S.1943,  71-177;  Laws 1983, LB 142,  1;  Laws 1990, LB 348,  1;   R.S.1943, (2003),  71-177;  Laws 2007, LB463,  246. Annotations A chiropractor's opinion that a patient suffered traumatic brain injury was not admissible because the diagnostic methods used to reach the diagnosis fell outside the scope of statutorily defined chiropractic practice. Yagodinski v. Sutton, 309 Neb. 179, 959 N.W.2d 541 (2021).
38-806.  Chiropractic practice; persons excepted.The Chiropractic Practice Act shall not be construed to include the following classes of persons:(1) Licensed physicians and surgeons and licensed osteopathic physicians who are exclusively engaged in the practice of their respective professions;(2) Physicians who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;(3) Chiropractors licensed in another state when incidentally called into this state in consultation with a chiropractor licensed in this state; or(4) Students enrolled in an accredited college of chiropractic when the services performed are a part of the course of study and are under the direct supervision of a licensed chiropractor.Source   Laws 1927, c. 167,  77, p. 474;   C.S.1929,  71-1102;   R.S.1943,  71-178;  Laws 1989, LB 342,  14;  Laws 1990, LB 1064,  12;   R.S.1943, (2003),  71-178;  Laws 2007, LB463,  247. 
38-807.  Chiropractic; license; qualifications required.Every applicant for a license to practice chiropractic shall present proof of graduation from an accredited college of chiropractic and (1) pass an examination given by the National Board of Chiropractic Examiners which consists of Parts I, II, III, IV, and physiotherapy or (2) pass an examination approved by the Board of Chiropractic.Source   Laws 1927, c. 167,  78, p. 475;   C.S.1929,  71-1103;   R.S.1943,  71-179;   Laws 1965, c. 413,  1, p. 1321;  Laws 1975, LB 92,  2;  Laws 1988, LB 1100,  29;  Laws 1999, LB 828,  65;   R.S.1943, (2003),  71-179;  Laws 2007, LB463,  248. Cross References  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.Annotations The practice of chiropractic is a skilled profession, and as such, chiropractic testimony may qualify as "competent medical testimony" under workers' compensation rules. Rodgers v. Sparks, 228 Neb. 191, 421 N.W.2d 785 (1988).
38-808.  Continuing competency requirements.An applicant for licensure to practice chiropractic who has met the education and examination requirements in section 38-807, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.Source Laws 2007, LB463,  249. 
38-809.  Reciprocity; continuing competency requirements; military spouse; temporary license.(1) An applicant for licensure to practice chiropractic who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the two years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.Source   Laws 1927, c. 167,  80, p. 475;   C.S.1929,  71-1105;   R.S.1943,  71-181;  Laws 1996, LB 1044,  406;   R.S.1943, (2003),  71-181;  Laws 2007, LB296,  324;  Laws 2007, LB463,  250;  Laws 2017, LB88,  42.  
38-810.  Fees.The department shall establish and collect fees for initial licensure and renewal under the Chiropractic Practice Act as provided in sections 38-151 to 38-157.Source Laws 2007, LB463,  251. 
38-811.  Chiropractic practitioner; powers and duties.Chiropractic practitioners shall observe and be subject to all state and municipal laws and regulations relative to the control of contagious and infectious diseases, and all matters pertaining to public health. They shall report to the proper health officers the same as other practitioners. Chiropractic practitioners may sign death certificates. When performing acupuncture, a chiropractor licensed under the Uniform Credentialing Act shall provide the same standard of care to patients as that provided by a person licensed under the Uniform Credentialing Act to practice medicine and surgery, osteopathy, or osteopathic medicine and surgery when such person performs acupuncture.Source   Laws 1927, c. 167,  81, p. 475;   C.S.1929,  71-1106;   R.S.1943,  71-182;   Laws 1945, c. 164,  1, p. 529;  Laws 2001, LB 270,  15;   R.S.1943, (2003),  71-182;  Laws 2007, LB463,  252. 
38-901.  Act, how cited.Sections 38-901 to 38-910 shall be known and may be cited as the Clinical Nurse Specialist Practice Act.Source  Laws 2005, LB 256,  1;   R.S.Supp.,2006,  71-17,117;  Laws 2007, LB463,  253. 
38-902.  Definitions, where found.For purposes of the Clinical Nurse Specialist Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-903 to 38-905 apply.Source Laws 2007, LB463,  254. 
38-903.  Approved certifying body, defined.Approved certifying body means a national certification organization which (1) is approved by the board, (2) certifies qualified licensed registered nurses for advanced practice, (3) has eligibility requirements related to education and practice, and (4) offers an examination in an area of practice which meets psychometric guidelines and tests approved by the board.Source  Laws 2005, LB 256,  2;   R.S.Supp.,2006,  71-17,118;  Laws 2007, LB185,  28;  Laws 2007, LB296,  493;  Laws 2007, LB463,  255. 
38-904.  Board, defined.Board means the Board of Advanced Practice Registered Nurses.Source Laws 2007, LB463,  256. 
38-905.  Clinical nurse specialist, defined.Clinical nurse specialist means a registered nurse certified as described in section 38-908 and licensed under the Advanced Practice Registered Nurse Practice Act to practice as a clinical nurse specialist in the State of Nebraska.Source Laws 2007, LB463,  257. Cross References  Advanced Practice Registered Nurse Practice Act, see section 38-201.
38-906.  Clinical nurse specialist practice, defined.The practice of a clinical nurse specialist includes health promotion, health supervision, illness prevention, and disease management, including assessing patients, synthesizing and analyzing data, and applying advanced nursing practice. A clinical nurse specialist conducts and applies research, advocates, serves as an agent of change, engages in systems management, and assesses and intervenes in complex health care problems within the selected clinical specialty.Source  Laws 2005, LB 256,  4;   R.S.Supp.,2006,  71-17,120;  Laws 2007, LB463,  258. 
38-907.  Exemptions from act.The Clinical Nurse Specialist Practice Act does not prohibit the performance of the professional activities of a clinical nurse specialist by a person not holding a license issued under the act if performed:(1) In an emergency situation;(2) By a legally qualified person from another state employed by the United States and performing official duties in this state; or(3) By a person enrolled in an approved clinical nurse specialist program for the education of clinical nurse specialists as part of that approved program.Source  Laws 2005, LB 256,  12;   R.S.Supp.,2006,  71-17,128;  Laws 2007, LB185,  34;  Laws 2007, LB463,  259. 
38-908.  Licensure; eligibility; application.An applicant for licensure under the Advanced Practice Registered Nurse Practice Act to practice as a clinical nurse specialist shall be licensed as a registered nurse under the Nurse Practice Act or have the authority based on the Nurse Licensure Compact to practice as a registered nurse in Nebraska and shall submit to the department the following:(1) Evidence that the applicant holds a graduate degree in a nursing clinical specialty area or has a graduate degree in nursing and has successfully completed a graduate-level clinical nurse specialist education program; and(2) Evidence of certification issued by an approved certifying body or, when such certification is not available, an alternative method of competency assessment by any means approved by the board.Source  Laws 2005, LB 256,  3;   R.S.Supp.,2006,  71-17,119;  Laws 2007, LB185,  29;  Laws 2007, LB463,  260. Cross References   Advanced Practice Registered Nurse Practice Act, see section 38-201.  Credentialing, general requirements and issuance procedures, see section 38-121 et seq.  Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.  Nurse Practice Act, see section 38-2201. 
38-909.  License; renewal; qualifications.To renew a license as a clinical nurse specialist, the applicant shall have current certification by an approved certifying body as a clinical nurse specialist or, when such certification is not available, an alternative method of competency assessment by any means approved by the board.Source Laws 2007, LB463,  261. 
38-910.  Use of title and abbreviation.A person licensed as a clinical nurse specialist has the right to use the title Clinical Nurse Specialist and the abbreviation CNS.Source  Laws 2005, LB 256,  5;   R.S.Supp.,2006,  71-17,121;  Laws 2007, LB185,  30;  Laws 2007, LB463,  262.