reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2119 - Social work practice or the practice of social work, defined.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2120 - Board; membership; qualifications.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2122 - Mental health practitioner; qualifications.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2123 - Provisional mental health practitioner license; qualifications; application; expiration; disclosure required.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2124 - Independent mental health practitioner; qualifications.

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.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Licensed Professional Counselors Interstate Compact, see section 38-4201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2125 - Reciprocity; privilege to practice under compact; military spouse; temporary license.

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.
Cross References
Licensed Professional Counselors Interstate Compact, see section 38-4201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2126 - Certified social workers and certified master social workers; legislative findings.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2127 - Practice of social work; certificate required; exceptions.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2128 - Certified master social worker; certified social worker; qualifications.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2129 - Provisional certification as master social worker; qualifications; application; expiration.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2130 - Certified marriage and family therapist, certified professional counselor, social worker; reciprocity; military spouse; temporary certificate.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2131 - Certified social workers; certified master social workers; act, how construed.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2132 - Certified professional counselor; qualifications.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2132.01 - Certified professional counselor; eligibility for licensure under compact.

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.
Cross References
Licensed Professional Counselors Interstate Compact, see section 38-4201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2134 - Marriage and family therapists; act, how construed.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2136 - Mental health practitioners; confidentiality; exception.

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;
(4) When there is a duty to warn under the limited circumstances set forth in section 38-2137; or
(5) When the disclosure of information is permitted under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or as otherwise permitted by law.
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;
Laws 2023, LB50, § 20.
Effective Date: September 2, 2023
Cross References
Licensed Professional Counselors Interstate Compact, see section 38-4201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2137 - Mental health practitioner; duty to warn of patient's threatened violent behavior; limitation on liability.

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.
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).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2138 - Code of ethics; board; duties; duty to report violations.

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.
Cross References
Licensed Professional Counselors Interstate Compact, see section 38-4201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2139 - Additional grounds for disciplinary action.

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.
Cross References
Licensed Professional Counselors Interstate Compact, see section 38-4201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2201 - Act, how cited.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2202 - Definitions, where found.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2208 - License, defined.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2210 - Practice of nursing, defined.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2211 - Practice of nursing by a licensed practical nurse, defined.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2212 - Practice of nursing by a registered nurse, defined.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2213 - Board; members; qualifications.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2214 - Board members; additional qualifications.

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).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2215 - Executive director; qualifications; practice consultant, education consultant, and nurse investigators; department; appoint.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2216 - Board; rules and regulations; powers and duties; enumerated.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2217 - Nursing; license; required.

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.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2219 - Health maintenance activities; authorized.

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.