reglab/housing_qa huggingface dataset:
NE Code § 38-160 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-160 - Board; member; removal; procedure; grounds.

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.
NE Code § 38-161 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-161 - Boards; purpose; duties; advisory committees or bodies authorized.

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.
NE Code § 38-162 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-162 - Boards; membership.

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.
NE Code § 38-163 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-163 - Boards; members; term.

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.
NE Code § 38-164 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-164 - Boards; professional members; qualifications.

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.
NE Code § 38-165 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-165 - Boards; public members; qualifications.

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.
NE Code § 38-166 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-166 - Initial board subject to act; additional qualifications for members.

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.
NE Code § 38-167 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-167 - Boards; designated; change in name; effect.

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.   Operative Date: July 1, 2021
NE Code § 38-168 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-168 - Boards; conflict of interest.

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.
NE Code § 38-169 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-169 - Board; organization.

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.
NE Code § 38-170 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-170 - Board; business; how transacted.

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.   Effective Date: April 22, 2021  Cross References  Open Meetings Act, see section 84-1407.
NE Code § 38-171 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-171 - Board; advisory committee or body; compensation; limitation; expenses.

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.
NE Code § 38-172 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-172 - Board; national organization or related meetings; attendance.

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.
NE Code § 38-173 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-173 - Board; liability; exemption; when.

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.
NE Code § 38-174 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-174 - Department; responsibilities; costs; how paid.

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.
NE Code § 38-176 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-176 - Director; jurisdiction of proceedings; grounds for denial of credential.

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.
NE Code § 38-177 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-177 - Disciplinary actions; terms, defined.

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.
NE Code § 38-180 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-180 - Disciplinary actions; evidence of discipline by another state or jurisdiction.

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.
NE Code § 38-181 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-181 - Initial credential to operate business; renewal of credential; denial by department; powers of department.

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.