reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3002 - Definitions, where found.

38-3002.
Definitions, where found.
For purposes of the Podiatry Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3003 to 38-3005.02 apply.
Source
Laws 2007, LB463, § 1024;
Laws 2020, LB755, § 19.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3005 - Practice of podiatry, defined.

38-3005.
Practice of podiatry, defined.
Practice of podiatry means the diagnosis or medical, physical, or surgical treatment of the ailments of the human foot, ankle, and related governing structures except (1) the amputation of the forefoot, (2) the general medical treatment of any systemic disease causing manifestations in the foot, and (3) the administration of anesthetics other than local.
Source
Laws 2007, LB463, § 1027.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3006 - Practice of podiatry.

38-3006.
Practice of podiatry.
The following persons shall be deemed to be practicing podiatry: Persons who publicly profess to be podiatrists or who publicly profess to assume the duties incident to the practice of podiatry.
Source
Laws 1927, c. 167, § 72, p. 473;
C.S.1929, § 71-1001;
R.S.1943, § 71-173;
Laws 1947, c. 228, § 1, p. 723;
Laws 1961, c. 337, § 9, p. 1055;
Laws 1974, LB 778, § 1;
Laws 1976, LB 25, § 1;
Laws 1983, LB 541, § 1;
Laws 2001, LB 25, § 2;
R.S.1943, (2003), § 71-173;
Laws 2007, LB463, § 1028.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3007 - Podiatry; practice; persons excepted.

38-3007.
Podiatry; practice; persons excepted.
The Podiatry Practice Act shall not be construed to include (1) licensed physicians and surgeons or licensed osteopathic physicians, (2) physicians and surgeons who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment, (3) students who have not graduated from a school of podiatry and are enrolled in an approved and accredited school of podiatry when the services performed are a part of the course of study and are under the direct supervision of a licensed podiatrist, or (4) graduates of a school of podiatry currently enrolled in a postgraduate residency program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association.
Source
Laws 1927, c. 167, § 73, p. 473;
C.S.1929, § 71-1002;
R.S.1943, § 71-174;
Laws 1989, LB 342, § 13;
Laws 1990, LB 1064, § 10;
Laws 1995, LB 173, § 1;
R.S.1943, (2003), § 71-174;
Laws 2007, LB463, § 1029.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3008 - Podiatry; license; qualifications.

38-3008.
Podiatry; license; qualifications.
Every applicant for an initial license to practice podiatry shall (1) present proof of graduation from a school of chiropody or podiatry approved by the board, (2) present proof of completion of a minimum one-year postgraduate residency program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association, (3) pass a written examination which consists of (a) parts I and II of the examination given by the National Board of Podiatric Medical Examiners and (b) the written examination approved by the Board of Podiatry, and (4) present proof satisfactory to the board that he or she, within two years immediately preceding the application for licensure, (a) has been in the active practice of the profession of podiatry under a license in another state or territory of the United States or the District of Columbia for a period of one year, (b) has completed at least one year of a postgraduate residency program approved by the Council on Podiatric Medical Education of the American Podiatric Medical Association, or (c) has completed continuing competency in podiatry approved by the board.
Source
Laws 1927, c. 167, § 74, p. 473;
C.S.1929, § 71-1003;
R.S.1943, § 71-175;
Laws 1961, c. 337, § 10, p. 1055;
Laws 1967, c. 438, § 5, p. 1351;
Laws 1988, LB 1100, § 28;
Laws 1990, LB 1064, § 11;
Laws 1995, LB 173, § 2;
Laws 1999, LB 828, § 61;
Laws 2003, LB 242, § 33;
R.S.1943, (2003), § 71-175;
Laws 2007, LB463, § 1030.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3010 - Schools of podiatry; approval; requirements.

38-3010.
Schools of podiatry; approval; requirements.
No school of podiatry shall be approved by the board unless the school is accredited by the Council on Podiatric Medical Education of the American Podiatric Medical Association.
Source
Laws 1927, c. 167, § 75, p. 474;
C.S.1929, § 71-1004;
R.S.1943, § 71-176;
Laws 1947, c. 228, § 2, p. 724;
Laws 1961, c. 337, § 11, p. 1056;
Laws 1967, c. 438, § 6, p. 1352;
Laws 1973, LB 52, § 1;
Laws 1995, LB 173, § 3;
R.S.1943, (2003), § 71-176;
Laws 2007, LB463, § 1032.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3011 - Podiatry; surgery; restrictions.

38-3011.
Podiatry; surgery; restrictions.
A podiatrist shall not perform surgery on the ankle other than in a licensed hospital or ambulatory surgical center, and a podiatrist who performs surgery on the ankle in a licensed hospital or ambulatory surgical center shall have successfully completed an advanced postdoctoral surgical residency program of at least one year's duration which is recognized as suitable for that purpose by the board.
No podiatrist initially licensed in this state on or after September 1, 2001, shall perform surgery on the ankle unless such person has successfully completed an advanced postdoctoral surgical residency program of at least two years' duration which is recognized as suitable for that purpose by the board.
Source
Laws 2001, LB 25, § 3;
R.S.1943, (2003), § 71-174.02;
Laws 2007, LB463, § 1033.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3012 - Employee of licensed podiatrist; radiography practices; requirements.

38-3012.
Employee of licensed podiatrist; radiography practices; requirements.
(1) A person employed exclusively in the office or clinic of a licensed podiatrist shall not perform any of the functions described in section 38-1916 as a part of such employment unless the person is (a) licensed as a limited radiographer under the Medical Radiography Practice Act or (b) certified as provided in this section.
(2) The department, with the recommendation of the board, may certify a person to perform medical radiography on the anatomical regions of the ankle and foot if such person (a) has completed a fifteen-hour course of instruction, approved by the board, on radiation hygiene and podiatric radiological practices, including radiation health and safety, lower extremity anatomy, physics, concepts, physiology, techniques, positioning, equipment maintenance, and minimization of radiation exposure, and (b) passed a competency examination approved by the board. A person who has not passed the competency examination after three attempts shall successfully complete a remedial course of instruction in medical radiography, approved by the board, prior to any further attempts to pass the competency examination.
Source
Laws 1995, LB 406, § 39;
Laws 1999, LB 828, § 63;
Laws 2003, LB 245, § 12;
R.S.1943, (2003), § 71-176.01;
Laws 2007, LB463, § 1034.
Cross References
Medical Radiography Practice Act, see section 38-1901.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3013 - Physician assistants; services performed; collaborative agreement; supervision; requirements.

38-3013.
Physician assistants; services performed; collaborative agreement; supervision; requirements.
Under a collaborative agreement with a supervising podiatrist, a physician assistant may perform services that (1) are delegated by and provided under the supervision of a licensed podiatrist who meets the requirements of section 38-3014, (2) are appropriate to the level of education, experience, and training of the physician assistant, (3) form a component of the supervising podiatrist's scope of practice, (4) are medical services for which the physician assistant has been prepared by education, experience, and training and that the physician assistant is competent to perform within the scope of practice of the supervising podiatrist, and (5) are not otherwise prohibited by law. A physician assistant shall have at least one supervising podiatrist for each employer.
Source
Laws 2020, LB755, § 22.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3014 - Physician assistants; supervision; supervising podiatrist; requirements; collaborative agreement.

38-3014.
Physician assistants; supervision; supervising podiatrist; requirements; collaborative agreement.
(1) To supervise a physician assistant, a podiatrist shall:
(a) Be licensed to practice podiatry under the Podiatry Practice Act;
(b) Have no restriction imposed by the board on such podiatrist's ability to supervise a physician assistant; and
(c) Maintain a collaborative agreement with the physician assistant.
(2) The podiatrist shall keep the collaborative agreement on file at the podiatrist's primary practice site, shall keep a copy of the collaborative agreement on file at each practice site where the physician assistant provides podiatry services, and shall make the collaborative agreement available to the board and the department upon request.
(3) Supervision of a physician assistant by a supervising podiatrist shall be continuous but shall not require the physical presence of the supervising podiatrist at the time and place that the services are rendered. A physician assistant may render services in a setting that is geographically remote from the supervising podiatrist.
(4) A supervising podiatrist may supervise no more than four physician assistants at any one time. The board may consider an application for waiver of this limit and may waive the limit upon a showing that the supervising podiatrist meets the minimum requirements for the waiver. The department may adopt and promulgate rules and regulations establishing minimum requirements for such waivers.
Source
Laws 2020, LB755, § 23.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3101 - Act, how cited.

38-3101.
Act, how cited.
Sections 38-3101 to 38-3133 shall be known and may be cited as the Psychology Practice Act.
Source
Laws 2007, LB463, § 1035;
Laws 2018, LB1034, § 44.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3102 - Definitions, where found.

38-3102.
Definitions, where found.
For purposes of the Psychology Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3103 to 38-3110 apply.
Source
Laws 1994, LB 1210, § 63;
Laws 1999, LB 366, § 10;
R.S.1943, (2003), § 71-1,206.01;
Laws 2007, LB463, § 1036.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3103 - Board, defined.

38-3103.
Board, defined.
Board means the Board of Psychology.
Source
Laws 1994, LB 1210, § 64;
Laws 1999, LB 828, § 136;
R.S.1943, (2003), § 71-1,206.02;
Laws 2007, LB463, § 1037.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3104 - Client or patient, defined.

38-3104.
Client or patient, defined.
Client or patient means a recipient of psychological services within the context of a professional relationship. In the case of individuals with legal guardians, including minors and incompetent adults, the legal guardian shall also be considered a client or patient for decisionmaking purposes.
Source
Laws 1994, LB 1210, § 65;
R.S.1943, (2003), § 71-1,206.03;
Laws 2007, LB463, § 1038.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3105 - Code of conduct, defined.

38-3105.
Code of conduct, defined.
Code of conduct means that set of regulatory rules of professional conduct which has been adopted by the board to protect the public welfare by providing rules that govern a professional's behavior in the professional relationship.
Source
Laws 1994, LB 1210, § 66;
R.S.1943, (2003), § 71-1,206.04;
Laws 2007, LB463, § 1039.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3106 - Institution of higher education, defined.

38-3106.
Institution of higher education, defined.
Institution of higher education means a university, professional school, or other institution of higher learning that:
(1) In the United States, is accredited by an accrediting organization recognized by the United States Department of Education;
(2) In Canada, holds a membership in the Association of Universities and Colleges of Canada; or
(3) In other countries, is accredited by the respective official organization having such authority.
Source
Laws 1994, LB 1210, § 68;
R.S.1943, (2003), § 71-1,206.06;
Laws 2007, LB463, § 1040;
Laws 2021, LB528, § 11.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3107 - Mental and emotional disorder, defined.

38-3107.
Mental and emotional disorder, defined.
Mental and emotional disorder means a clinically significant behavioral or psychological syndrome or pattern that occurs in a person and is associated with present distress or disability or with significantly increased risk of suffering death, pain, disability, or an important loss of freedom. Such disorders may take many forms and have varying causes but must be considered a manifestation of behavioral, psychological, or biological dysfunction in the person. Reasonable descriptions of the kinds and degrees of mental and emotional disorders may be found in the revisions of accepted nosologies such as the International Classification of Diseases and the Diagnostic and Statistical Manual of Mental Disorders.
Source
Laws 1994, LB 1210, § 69;
R.S.1943, (2003), § 71-1,206.07;
Laws 2007, LB463, § 1041.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3108 - Practice of psychology, defined.

38-3108.
Practice of psychology, defined.
(1) Practice of psychology means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health.
(2) The practice of psychology includes, but is not limited to, psychological testing and the evaluation or assessment of personal characteristics such as intelligence, personality, abilities, interests, aptitudes, and psychophysiological and neuropsychological functioning; counseling, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy; diagnosis and treatment of mental and emotional disorders, alcoholism and substance abuse, disorders of habit or conduct, and the psychological aspects of physical illness, accident, injury, or disability; psychoeducational evaluation, therapy, remediation, and consultation; and supervision of qualified individuals performing services specified in this section.
(3) Psychological services may be rendered to individuals, families, groups, organizations, institutions, and the public. The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.
Source
Laws 1994, LB 1210, § 70;
R.S.1943, (2003), § 71-1,206.08;
Laws 2007, LB463, § 1042.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3109 - Psychologist, defined.

38-3109.
Psychologist, defined.
Psychologist means a person licensed to engage in the practice of psychology in this or another jurisdiction. The terms certified, registered, chartered, or any other term chosen by a jurisdiction to authorize the autonomous practice of psychology shall be considered equivalent terms.
Source
Laws 1994, LB 1210, § 71;
R.S.1943, (2003), § 71-1,206.09;
Laws 2007, LB463, § 1043.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3110 - Representation as a psychologist, defined.

38-3110.
Representation as a psychologist, defined.
Representation as a psychologist means that the person uses any title or description of services which incorporates the words psychology, psychological, or psychologist or which implies that he or she possesses expert qualification in any area of psychology or that the person offers to individuals or to groups of individuals services defined as the practice of psychology.
Source
Laws 1994, LB 1210, § 72;
R.S.1943, (2003), § 71-1,206.10;
Laws 2007, LB463, § 1044.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3111 - Psychology; references; how construed.

38-3111.
Psychology; references; how construed.
(1) Unless otherwise expressly stated, references to licensed psychologists in the Nebraska Mental Health Commitment Act, in the Psychology Practice Act, in the Sex Offender Commitment Act, and in section 44-513 means only psychologists licensed to practice psychology in this state under section 38-3114 or under similar provisions of the Psychology Interjurisdictional Compact and does not mean persons holding a special license under section 38-3116 or holding a provisional license under the Psychology Practice Act.
(2) Any reference to a person certified to practice clinical psychology under the law in effect immediately prior to September 1, 1994, and any equivalent reference under the law of another jurisdiction, including, but not limited to, certified clinical psychologist, health care practitioner in psychology, or certified health care provider, shall be construed to refer to a psychologist licensed under the Uniform Credentialing Act except for persons licensed under section 38-3116 or holding a provisional license under the Psychology Practice Act.
Source
Laws 1994, LB 1210, § 76;
Laws 1999, LB 366, § 12;
Laws 2006, LB 1199, § 32;
R.S.Supp.,2006, § 71-1,206.14;
Laws 2007, LB463, § 1045;
Laws 2018, LB1034, § 45.
Cross References
Nebraska Mental Health Commitment Act, see section 71-901.
Psychology Interjurisdictional Compact, see section 38-3901.
Sex Offender Commitment Act, see section 71-1201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3112 - Board; membership; qualifications.

38-3112.
Board; membership; qualifications.
The board shall consist of five professional members and two public members appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165, except that two of the five years of experience for professional members may have been served in teaching or research.
Source
Laws 2007, LB463, § 1046.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. Respiratory care is not limited to a hospital setting and includes the therapeutic and diagnostic management and maintenance of medical gases, administering apparatus, humidification and aerosols, ventilatory management, postural drainage, chest physiotherapy and breathing exercises, cardiopulmonary resuscitation and rehabilitation, and maintenance and insertion of lines, drains, and artificial and nonartificial airways without cutting tissues. Respiratory care also includes the administration of all pharmacologic, diagnostic, and therapeutic agents for the treatment and diagnosis of cardiopulmonary disease for which the respiratory care practitioner has been professionally trained or has obtained advance education or certification, including specific testing techniques employed in respiratory care to assist in diagnosis, monitoring, treatment, and research of how specific cardiopulmonary disease affects the patient. Such techniques include management of ventilatory volumes, pressures, and flows, measurement of physiologic partial pressures, pulmonary function testing, hemodynamic insertion of lines, and related physiological monitoring of the cardiopulmonary system.
Source
Laws 2007, LB463, § 1071;
Laws 2022, LB752, § 24.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3206 - Respiratory care practitioner, defined.

38-3206.
Respiratory care practitioner, defined.
Respiratory care practitioner means:
(1) Any person employed in the practice of respiratory care who has the knowledge and skill necessary to administer respiratory care to patients of all ages with varied cardiopulmonary diseases and to patients in need of critical care and who is capable of serving as a resource to the physician and other health professionals in relation to the technical aspects of respiratory care including effective and safe methods for administering respiratory care; and
(2) A person capable of supervising, directing, or teaching less skilled personnel in the provision of respiratory care services.
Source
Laws 1986, LB 277, § 9;
Laws 1999, LB 828, § 138;
Laws 2003, LB 242, § 61;
R.S.1943, (2003), § 71-1,227;
Laws 2007, LB463, § 1072.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3208 - Practices not requiring licensure.

38-3208.
Practices not requiring licensure.
The Respiratory Care Practice Act shall not prohibit:
(1) The practice of respiratory care which is an integral part of the program of study by students enrolled in approved respiratory care education programs;
(2) The gratuitous care, including the practice of respiratory care, of the ill by a friend or member of the family or by a person who is not licensed to practice respiratory care if such person does not represent himself or herself as a respiratory care practitioner;
(3) The practice of respiratory care by nurses, physicians, physician assistants, physical therapists, or any other professional required to be licensed under the Uniform Credentialing Act when such practice is within the scope of practice for which that person is licensed to practice in this state;
(4) The practice of any respiratory care practitioner of this state or any other state or territory while employed by the federal government or any bureau or division thereof while in the discharge of his or her official duties;
(5) Techniques defined as pulmonary function testing and the administration of aerosol and inhalant medications to the cardiorespiratory system as it relates to pulmonary function technology administered by a registered pulmonary function technologist credentialed by the National Board for Respiratory Care or a certified pulmonary function technologist credentialed by the National Board for Respiratory Care; or
(6) The performance of oxygen therapy or the initiation of noninvasive positive pressure ventilation by a registered polysomnographic technologist relating to the study of sleep disorders if such procedures are performed or initiated under the supervision of a licensed physician at a facility accredited by the American Academy of Sleep Medicine.
Source
Laws 1986, LB 277, § 17;
Laws 1997, LB 622, § 83;
Laws 2003, LB 242, § 64;
Laws 2003, LB 667, § 5;
R.S.1943, (2003), § 71-1,235;
Laws 2007, LB463, § 1074;
Laws 2018, LB731, § 78.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3209 - License; application; requirements.

38-3209.
License; application; requirements.
(1) An applicant for a license to practice respiratory care shall submit to the department written evidence that the applicant has completed a respiratory care educational program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration with the Committee on Accreditation for Respiratory Care or its successor or by an accrediting agency approved by the board.
(2) In order to be licensed, initial applicants shall pass an examination approved by the board.
Source
Laws 1986, LB 277, § 13;
Laws 2002, LB 1062, § 38;
R.S.1943, (2003), § 71-1,231;
Laws 2007, LB463, § 1075.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3210 - Practicing respiratory care practitioners; license issued; conditions.

38-3210.
Practicing respiratory care practitioners; license issued; conditions.
The department, with the recommendation of the board, shall issue a license to perform respiratory care to an applicant who, on or before July 17, 1986, has passed the Certified Respiratory Therapy Technician or Registered Respiratory Therapist examination administered by the National Board for Respiratory Care or the appropriate accrediting agency acceptable to the board.
Source
Laws 1986, LB 277, § 15;
Laws 1988, LB 1100, § 84;
Laws 2003, LB 245, § 15;
R.S.1943, (2003), § 71-1,233;
Laws 2007, LB463, § 1076.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3211 - Applicant for licensure; continuing competency requirements.

38-3211.
Applicant for licensure; continuing competency requirements.
An applicant for licensure to practice respiratory care who has met the education and examination requirements in section 38-3209, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.
Source
Laws 2007, LB463, § 1077.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3212 - Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.

38-3212.
Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.
(1) An applicant for licensure to practice respiratory care who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.
(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 2007, LB463, § 1078;
Laws 2017, LB88, § 89.