reglab/housing_qa huggingface dataset:
NE Code § 38-3114 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3114 - Applicant for license; qualifications.

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.
NE Code § 38-3115 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3115 - Waiver of examination; when.

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.
NE Code § 38-3116 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3116 - Special license; supervisory relationship; application; contents; use of title; disclosure.

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.
NE Code § 38-3117 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3117 - Applicant with prior experience; issuance of license; conditions.

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.
NE Code § 38-3118 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3118 - Reciprocal license; conditions.

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.
NE Code § 38-3119 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3119 - Temporary practice permitted; when.

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.
NE Code § 38-3120 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3120 - Temporary practice pending licensure permitted; when; military spouse; temporary license.

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.
NE Code § 38-3121 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3121 - Reciprocity.

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.
NE Code § 38-3122 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3122 - Provisional license; requirements.

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.
NE Code § 38-3123 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3123 - Provisional license; approve or deny application.

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.
NE Code § 38-3124 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3124 - Provisional license; title; duties.

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.
NE Code § 38-3125 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3125 - Provisional license; expiration.

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.
NE Code § 38-3126 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3126 - Fees.

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.
NE Code § 38-3127 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3127 - Additional grounds for disciplinary action.

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.
NE Code § 38-3128 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3128 - Limitation of practice; board; duties.

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.
NE Code § 38-3129 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3129 - Code of conduct.

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.
NE Code § 38-3130 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3130 - Representation as a psychologist; unlawful practice; violation; penalty.

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.
NE Code § 38-3131 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3131 - Confidentiality; privilege; exceptions.

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).
NE Code § 38-3132 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3132 - Duty to warn; limitation; immunity.

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).
NE Code § 38-3133 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3133 - Administrator of Psychology Interjurisdictional Compact; duties.

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.
NE Code § 38-3201 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3201 - Act, how cited.

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.
NE Code § 38-3202 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3202 - Definitions, where found.

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.
NE Code § 38-3203 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3203 - Board, defined.

38-3203.  Board, defined.Board means the Board of Respiratory Care Practice.Source Laws 2007, LB463, § 1069.
NE Code § 38-3204 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3204 - Medical director, defined.

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.
NE Code § 38-3205 (2021)
2021 Nebraska Revised Statutes|Chapter 38 - Health Occupations and Professions|38-3205 - Respiratory care, defined.

38-3205.  Respiratory care, defined.Respiratory care means the health specialty responsible for the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. Respiratory care shall not be limited to a hospital setting and shall include the therapeutic and diagnostic use of medical gases, administering apparatus, humidification and aerosols, ventilatory assistance and ventilatory control, postural drainage, chest physiotherapy and breathing exercises, respiratory rehabilitation, cardiopulmonary resuscitation, and maintenance of nasal or oral endotracheal tubes. Respiratory care shall also include the administration of aerosol and inhalant medications to the cardiorespiratory system and specific testing techniques employed in respiratory care to assist in diagnosis, monitoring, treatment, and research. Such techniques shall include, but not be limited to, measurement of ventilatory volumes, pressures, and flows, measurement of physiologic partial pressures, pulmonary function testing, and hemodynamic and other related physiological monitoring of the cardiopulmonary system.Source Laws 2007, LB463, § 1071.