reglab/housing_qa huggingface dataset:
NE Code § 38-1,120 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,120 - Certain professions and businesses; disciplinary actions; grounds; advice of board; notice; hearing; director; decision; review.

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.
NE Code § 38-1,121 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,121 - Certain professions and businesses; disciplinary actions; confidentiality; immunity.

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.
NE Code § 38-1,122 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,122 - Certain professions and businesses; disciplinary actions; emergency; department; powers; hearing; director; decision; review.

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.
NE Code § 38-1,123 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,123 - Certain professions and businesses; disciplinary actions; costs; how paid.

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.
NE Code § 38-1,124 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|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.

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.
NE Code § 38-1,126 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,126 - Report; confidential; immunity; use of documents.

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.
NE Code § 38-1,128 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,128 - Peer review committee; health practitioners; immunity from liability; when.

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.
NE Code § 38-1,129 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,129 - Insurer; report violation to department; confidentiality.

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.
NE Code § 38-1,130 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,130 - Insurer; report to department; form; confidentiality.

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.
NE Code § 38-1,131 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,131 - Insurer; report to department; when.

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.
NE Code § 38-1,132 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,132 - Insurer; alternative reports authorized; supplemental report.

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.
NE Code § 38-1,133 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,133 - Insurer; failure to make report or provide information; penalty.

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.
NE Code § 38-1,134 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,134 - Insurer; reports; disclosure restricted; confidentiality.

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.
NE Code § 38-1,135 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,135 - Insurer; immunity from liability.

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.
NE Code § 38-1,136 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,136 - Violation of credential holder-consumer privilege; sections, how construed.

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.
NE Code § 38-1,137 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,137 - Clerk of county or district court; report convictions and judgments of credentialed person; Attorney General or prosecutor; duty.

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.
NE Code § 38-1,138 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,138 - Complaint; investigation; confidentiality; immunity; department; powers and duties.

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.
NE Code § 38-1,139 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-1,139 - Violations; prosecution; duty of Attorney General and county attorney.

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.