reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-147 - Credential; reinstatement; application; department; powers.

38-147.
Credential; reinstatement; application; department; powers.
(1) Any person who desires to reinstate a credential after the date of expiration or from inactive to active status shall apply to the department for reinstatement. The credential may be reinstated upon the receipt of evidence of meeting the renewal requirements, or the requirements specified under the practice act for the appropriate profession, which are in effect at the time the credential holder applies to regain active status and payment of reinstatement and renewal fees if applicable.
(2) The department, with the recommendation of the appropriate board, may deny an application for reinstatement or may issue the credential subject to any of the terms of section 38-196 if the applicant has committed any of the acts set out in section 38-178.
(3) A credential holder who elected to have his or her credential placed on lapsed status prior to December 1, 2008, may have the credential reinstated in accordance with this section.
Source
Laws 2007, LB463, § 47.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-148 - Credential; suspended, revoked, or other limitations; apply for reinstatement; when.

38-148.
Credential; suspended, revoked, or other limitations; apply for reinstatement; when.
(1) A person whose credential has been suspended or has had limitations placed thereon for any reason specified in sections 38-178 and 38-179 may apply for reinstatement of the credential at any time. The application shall include such information as may be required by the department.
(2) A person whose credential has been revoked for any reason specified in such sections may apply for reinstatement of the credential after a period of two years has elapsed from the date of revocation. The application shall include such information as may be required by the department.
Source
Laws 1976, LB 877, § 9;
Laws 1986, LB 286, § 57;
Laws 1986, LB 579, § 49;
Laws 1986, LB 926, § 32;
Laws 1988, LB 1100, § 23;
Laws 1994, LB 1210, § 37;
Laws 1999, LB 828, § 45;
R.S.1943, (2003), § 71-161.04;
Laws 2007, LB463, § 48.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-150 - Application for reinstatement of credential for profession without board; department; procedure; hearing; when allowed; appeal.

38-150.
Application for reinstatement of credential for profession without board; department; procedure; hearing; when allowed; appeal.
(1) Upon receipt of an application for reinstatement of a credential in a profession that does not have a board, the application shall be considered by the department.
(2) The department may:
(a) Conduct an investigation to determine if the applicant has committed acts or offenses prohibited by section 38-178;
(b) Require the applicant to submit to a complete diagnostic examination by one or more physicians or other qualified professionals appointed by the department, the applicant being free also to consult a physician or physicians or other professionals of his or her own choice for an evaluation or diagnostic examination and to make available a report or reports thereof to the department;
(c) Require the applicant to pass a written, oral, or practical examination or any combination of such examinations;
(d) Require the applicant to successfully complete additional education;
(e) Require the applicant, if a business, to successfully complete an inspection; or
(f) Take any combination of the actions in this subsection.
(3) On the basis of material submitted by the applicant, the results of any inspection or investigation by the department, and the completion of any requirements imposed under subsection (2) of this section, the department shall (a) deny the application for reinstatement, (b) grant the application for reinstatement, (c) modify the probation, suspension, or limitation, or (d) reinstate the credential subject to limitations or subject to probation with terms and conditions.
(4) The decision of the department shall become final thirty days after mailing the decision to the applicant unless the applicant requests a hearing within such thirty-day period. If the applicant requests a hearing, the department shall mail notice of the date, time, and location of the hearing to the applicant at least thirty days prior to the hearing. Any requested hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Any party to the decision shall have a right to appeal. Such appeal shall be in accordance with the Administrative Procedure Act.
(5) If the applicant has been afforded a hearing or an opportunity for a hearing on an application for reinstatement within two years prior to filing the current application, the department may grant or deny such application without another hearing.
Source
Laws 2007, LB463, § 50.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-152 - Base costs of credentialing.

38-152.
Base costs of credentialing.
Base costs of credentialing are the costs that are common to all professions and businesses listed in section 38-121 and include the following:
(1) Salaries and benefits for employees of the department who work with credentialing activities;
(2) Shared operating costs for credentialing activities that are not specific to a particular profession or business such as indirect costs, rent, and utilities;
(3) Costs related to compliance assurance, including investigative costs, contested case costs, and compliance monitoring;
(4) Costs of the Licensee Assistance Program under section 38-175;
(5) Capital costs, including office equipment and computer hardware or software, which are not specific to a particular profession or business; and
(6) Other reasonable and necessary costs as determined by the department.
Source
Laws 2003, LB 242, § 24;
R.S.1943, (2003) § 71-162.01;
Laws 2007, LB463, § 52.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-153 - Variable costs of credentialing.

38-153.
Variable costs of credentialing.
Variable costs of credentialing are the costs that are unique to a specific profession or business listed in section 38-121 and include the following:
(1) Per diems which are paid to members of the appropriate board;
(2) Operating costs that are specific to a particular profession or business, including publications, conference registrations, and subscriptions;
(3) Costs for travel by members of the appropriate board and employees of the department related to a particular profession or business, including car rental, gas, and mileage charges but not salaries;
(4) Costs to operate and administer the Nebraska Center for Nursing, which costs shall be derived from credentialing fees of registered and practical nurses in accordance with section 71-1798.01; and
(5) Other reasonable and necessary costs as determined by the appropriate board or the department.
Source
Laws 2003, LB 242, § 25;
Laws 2005, LB 243, § 1;
R.S.1943, (2003), § 71-162.02;
Laws 2007, LB463, § 53.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-154 - Adjustments to the cost of credentialing.

38-154.
Adjustments to the cost of credentialing.
Adjustments to the cost of credentialing include, but are not limited to:
(1) Revenue from sources that include, but are not limited to:
(a) Interest earned on the Professional and Occupational Credentialing Cash Fund, if any;
(b) Certification and verification of credentials;
(c) Administrative fees;
(d) Reinstatement fees;
(e) General Funds and federal funds;
(f) Fees for miscellaneous services, such as production of photocopies, lists, labels, and diskettes;
(g) Gifts; and
(h) Grants;
(2) Transfers to other funds for costs related to the Nebraska Regulation of Health Professions Act and section 38-128; and
(3) Costs associated with subsection (3) of section 38-155.
Source
Laws 2003, LB 242, § 26;
R.S.1943, (2003), § 71-162.03;
Laws 2007, LB463, § 54;
Laws 2019, LB112, § 9.
Cross References
Nebraska Regulation of Health Professions Act, see section 71-6201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-155 - Credentialing fees; establishment and collection.

38-155.
Credentialing fees; establishment and collection.
(1) Subject to subsection (3) of this section, the department, with the recommendation of the appropriate board if applicable, shall adopt and promulgate rules and regulations to establish and collect the fees for the following credentials:
(a) Initial credentials, which include, but are not limited to:
(i) Licensure, certification, or registration;
(ii) Add-on or specialty credentials;
(iii) Temporary, provisional, or training credentials; and
(iv) Supervisory or collaborative relationship credentials;
(b) Applications to renew licenses, certifications, and registrations;
(c) Approval of continuing education courses and other methods of continuing competency; and
(d) Inspections and reinspections.
(2) When a credential will expire within one hundred eighty days after its initial issuance date or its reinstatement date and the initial credentialing or renewal fee is twenty-five dollars or more, the department shall collect twenty-five dollars or one-fourth of the initial credentialing or renewal fee, whichever is greater, for the initial or reinstated credential. The initial or reinstated credential shall be valid until the next subsequent renewal date.
(3) All fees for initial credentials under the Uniform Credentialing Act for low-income individuals, military families, and young workers shall be waived except the actual cost of the fingerprinting and criminal background check for an initial license under section 38-131.
Source
Laws 2003, LB 242, § 27;
R.S.1943, (2003), § 71-162.04;
Laws 2007, LB463, § 55;
Laws 2012, LB773, § 1;
Laws 2019, LB112, § 10;
Laws 2021, LB148, § 45.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-156 - Administrative and other fees; amount.

38-156.
Administrative and other fees; amount.
(1) The department shall retain a twenty-five-dollar administrative fee from each credentialing fee established under section 38-155 for a denied credential or a withdrawn application, except that (a) if the credentialing fee is less than twenty-five dollars, the fee shall be forfeited and (b) an examination fee shall not be returned.
(2) The department shall collect fees for services as follows:
(a) Ten dollars for a duplicate original or reissued credential;
(b) Twenty-five dollars for certification of a credential pursuant to section 38-125;
(c) Five dollars for verification of a credential pursuant to section 38-125; and
(d) A reinstatement fee of thirty-five dollars in addition to the renewal fee to reinstate an expired or inactive credential for professions specified in section 38-121.
Source
Laws 2003, LB 242, § 28;
R.S.1943, (2003), § 71-162.05;
Laws 2007, LB463, § 56.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-157 - Professional and Occupational Credentialing Cash Fund; created; use; investment.

38-157.
Professional and Occupational Credentialing Cash Fund; created; use; investment.
(1) The Professional and Occupational Credentialing Cash Fund is created. Except as provided in section 71-17,113, the fund shall consist of all fees, gifts, grants, and other money, excluding fines and civil penalties, received or collected by the department under sections 38-151 to 38-156 and the Nebraska Regulation of Health Professions Act.
(2) The department shall use the fund for the administration and enforcement of such laws regulating the individuals and businesses listed in section 38-121. Transfers may be made from the fund to the General Fund at the direction of the Legislature. The State Treasurer shall transfer any money in the Professional and Occupational Credentialing Cash Fund for licensing activities under the Water Well Standards and Contractors' Practice Act on July 1, 2021, to the Water Well Standards and Contractors' Licensing Fund.
(3) Any money in the Professional and Occupational Credentialing Cash Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 1927, c. 167, § 62, p. 471;
C.S.1929, § 71-702;
R.S.1943, § 71-163;
Laws 1986, LB 926, § 37;
Laws 1988, LB 1100, § 27;
Laws 1994, LB 1210, § 47;
Laws 2003, LB 242, § 30;
Laws 2005, LB 146, § 10;
R.S.Supp.,2006, § 71-163;
Laws 2007, LB463, § 57;
Laws 2009, First Spec. Sess., LB3, § 19;
Laws 2012, LB834, § 2;
Laws 2021, LB148, § 46.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska Regulation of Health Professions Act, see section 71-6201.
Nebraska State Funds Investment Act, see section 72-1260.
Water Well Standards and Contractors' Practice Act, see section 46-1201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-158 - Boards; appointment; vacancy.

38-158.
Boards; appointment; vacancy.
(1) The State Board of Health shall appoint members to the boards designated in section 38-167 except the Board of Emergency Medical Services.
(2) Any vacancy in the membership of a board caused by death, resignation, removal, or otherwise shall be filled for the unexpired term in the same manner as original appointments are made.
Source
Laws 1927, c. 167, § 11, p. 457;
C.S.1929, § 71-301;
R.S.1943, § 71-111;
Laws 1979, LB 427, § 4;
Laws 1981, LB 451, § 2;
Laws 1986, LB 286, § 31;
Laws 1986, LB 579, § 23;
Laws 1987, LB 473, § 6;
Laws 1989, LB 342, § 7;
Laws 1994, LB 1210, § 17;
Laws 1999, LB 828, § 13;
Laws 2001, LB 270, § 4;
Laws 2002, LB 1021, § 6;
R.S.1943, (2003), § 71-111;
Laws 2007, LB463, § 58;
Laws 2021, LB148, § 47.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-159 - Board; application; professional member; state association or society recommendation.

38-159.
Board; application; professional member; state association or society recommendation.
(1) Any person who desires to be considered for an appointment to a board appointed by the State Board of Health and who possesses the necessary qualifications for such appointment may apply in a manner specified by the State Board of Health. The State Board of Health shall consider such applications and may appoint any qualified person so applying to the appropriate board.
(2) A state association or society, or its managing board, for each profession may submit to the State Board of Health a list of persons of recognized ability in such profession who have the qualifications prescribed for professional members of the board for that particular profession. If such a list is submitted, the State Board of Health shall consider the names on such list and may appoint one of the persons so named.
Source
Laws 1927, c. 167, § 17, p. 458;
C.S.1929, § 71-307;
Laws 1939, c. 91, § 3, p. 394;
C.S.Supp.,1941, § 71-307;
R.S.1943, § 71-117;
Laws 1979, LB 427, § 8;
Laws 1992, LB 860, § 1;
Laws 1999, LB 828, § 21;
R.S.1943, (2003), § 71-117;
Laws 2007, LB463, § 59.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-160 - Board; member; removal; procedure; grounds.

38-160.
Board; member; removal; procedure; grounds.
(1) The State Board of Health shall have power to remove from office at any time any member of a board for which it appoints the membership, after a public hearing pursuant to the Administrative Procedure Act, for physical or mental incapacity to carry out the duties of a board member, for continued neglect of duty, for incompetency, for acting beyond the individual member's scope of authority, for malfeasance in office, for not maintaining the qualifications established in sections 38-164 and 38-165, for any cause for which a credential in the profession or business involved may be suspended or revoked under section 38-178 or 38-179, or for a lack of a credential in the profession or business involved.
(2) The State Board of Health shall have full access to such complaints or investigational records as necessary and appropriate in the discharge of its duties under subsection (1) of this section and section 38-158.
Source
Laws 1927, c. 167, § 18, p. 458;
C.S.1929, § 71-308;
R.S.1943, § 71-118;
Laws 1979, LB 427, § 9;
Laws 1986, LB 286, § 35;
Laws 1986, LB 579, § 27;
Laws 1987, LB 473, § 12;
Laws 1993, LB 187, § 6;
Laws 1994, LB 1210, § 20;
Laws 1999, LB 828, § 22;
R.S.1943, (2003), § 71-118;
Laws 2007, LB463, § 60.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-161 - Boards; purpose; duties; advisory committees or bodies authorized.

38-161.
Boards; purpose; duties; advisory committees or bodies authorized.
(1) The purpose of each board is to protect the health, safety, and welfare of the public as prescribed in the Uniform Credentialing Act.
(2) The duties of each board include, but are not limited to, (a) setting the minimum standards of proficiency and competency in accordance with section 38-126, (b) providing recommendations in accordance with section 38-149, (c) providing recommendations related to the issuance or denial of credentials, disciplinary action, and changes in legislation, and (d) providing the department with recommendations on regulations to carry out the Uniform Credentialing Act in accordance with section 38-126.
(3) Each board may appoint advisory committees or other advisory bodies as necessary for specific purposes. At least one board member shall serve on each advisory committee or body, and other members may be appointed from outside the board.
Source
Laws 1982, LB 448, § 3;
Laws 1987, LB 473, § 7;
Laws 1999, LB 828, § 16;
R.S.1943, (2003), § 71-112.03;
Laws 2007, LB463, § 61.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-162 - Boards; membership.

38-162.
Boards; membership.
Except as otherwise provided in the Uniform Credentialing Act:
(1) Each board shall consist of four members;
(2) Each board shall have at least one public member; and
(3) If a board has eleven or more members, it shall have at least three public members.
Source
Laws 1927, c. 167, § 13, p. 457;
C.S.1929, § 71-303;
Laws 1943, c. 150, § 5, p. 540;
R.S.1943, § 71-113;
Laws 1963, c. 408, § 4, p. 1311;
Laws 1971, LB 587, § 2;
Laws 1978, LB 406, § 5;
Laws 1979, LB 427, § 6;
Laws 1980, LB 94, § 3;
Laws 1983, LB 476, § 1;
Laws 1984, LB 481, § 10;
Laws 1985, LB 129, § 6;
Laws 1986, LB 277, § 6;
Laws 1986, LB 286, § 33;
Laws 1986, LB 579, § 25;
Laws 1986, LB 355, § 12;
Laws 1987, LB 473, § 8;
Laws 1988, LB 1100, § 9;
Laws 1988, LB 557, § 17;
Laws 1993, LB 669, § 7;
Laws 1994, LB 1223, § 4;
Laws 1995, LB 406, § 15;
Laws 1999, LB 828, § 17;
Laws 2004, LB 1083, § 108;
Laws 2006, LB 994, § 80;
R.S.Supp.,2006, § 71-113;
Laws 2007, LB463, § 62.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-163 - Boards; members; term.

38-163.
Boards; members; term.
(1) The members of each board shall be appointed for terms of five years except as otherwise provided in the Uniform Credentialing Act. No member shall be appointed for or serve for more than two consecutive full five-year terms except as otherwise specifically provided in the act.
(2) The term of each member shall commence on the first day of December following the expiration of the term of the member whom such person succeeds except as otherwise provided in the act.
Source
Laws 1943, c. 150, § 8, p. 541;
R.S.1943, § 71-116;
Laws 1957, c. 298, § 10, p. 1079;
Laws 1963, c. 408, § 5, p. 1311;
Laws 1971, LB 587, § 4;
Laws 1978, LB 406, § 7;
Laws 1979, LB 297, § 3;
Laws 1979, LB 428, § 2;
Laws 1981, LB 451, § 4;
Laws 1983, LB 476, § 2;
Laws 1984, LB 481, § 12;
Laws 1985, LB 129, § 8;
Laws 1986, LB 286, § 34;
Laws 1986, LB 579, § 26;
Laws 1986, LB 926, § 7;
Laws 1987, LB 473, § 11;
Laws 1988, LB 1100, § 11;
Laws 1993, LB 669, § 9;
Laws 1994, LB 1210, § 19;
Laws 1994, LB 1223, § 5;
Laws 1999, LB 828, § 20;
Laws 2004, LB 1083, § 110;
R.S.Supp.,2006, § 71-116;
Laws 2007, LB463, § 63.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-164 - Boards; professional members; qualifications.

38-164.
Boards; professional members; qualifications.
(1) A professional member of a board appointed under the Uniform Licensing Law prior to December 1, 2008, shall remain subject to the requirements of the original appointment until reappointed under the Uniform Credentialing Act. Except as otherwise provided in the Uniform Credentialing Act, every professional member of a board appointed on or after December 1, 2008, shall have held and maintained an active credential and be and have been actively engaged in the practice of his or her profession for a period of five years just preceding his or her appointment and shall maintain such credential and practice while serving as a board member. For purposes of this section, active practice means devoting a substantial portion of time to rendering professional services.
(2) Each professional member of a board shall have been a resident of Nebraska for one year and shall remain a resident of Nebraska while serving as a board member.
Source
Laws 1927, c. 167, § 14, p. 458;
C.S.1929, § 71-304;
Laws 1935, c. 142, § 31, p. 530;
C.S.Supp.,1941, § 71-304;
Laws 1943, c. 150, § 6, p. 540;
R.S.1943, § 71-114;
Laws 1957, c. 298, § 9, p. 1078;
Laws 1978, LB 406, § 6;
Laws 1979, LB 427, § 7;
Laws 1984, LB 481, § 11;
Laws 1985, LB 129, § 7;
Laws 1986, LB 926, § 5;
Laws 1987, LB 473, § 9;
Laws 1988, LB 1100, § 10;
Laws 1988, LB 557, § 18;
Laws 1993, LB 669, § 8;
Laws 1994, LB 1210, § 18;
Laws 1995, LB 406, § 16;
Laws 1999, LB 828, § 18;
Laws 2004, LB 1083, § 109;
R.S.Supp.,2006, § 71-114;
Laws 2007, LB463, § 64.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-165 - Boards; public members; qualifications.

38-165.
Boards; public members; qualifications.
A public member of a board appointed under the Uniform Licensing Law prior to December 1, 2008, shall remain subject to the requirements of the original appointment until reappointed under the Uniform Credentialing Act. At the time of appointment and while serving as a board member, a public member appointed to a board on or after December 1, 2008, shall:
(1) Have been a resident of this state for one year;
(2) Remain a resident of Nebraska while serving as a board member;
(3) Have attained the age of nineteen years;
(4) Represent the interests and viewpoints of the public;
(5) Not hold an active credential in any profession or business which is subject to the Uniform Credentialing Act, issued in Nebraska or in any other jurisdiction, at any time during the five years prior to appointment;
(6) Not be eligible for appointment to a board which regulates a profession or business in which that person has ever held a credential;
(7) Not be or not have been, at any time during the year prior to appointment, an employee of a member of a profession credentialed by the department, of a facility credentialed pursuant to the Health Care Facility Licensure Act, of a business credentialed pursuant to the Uniform Credentialing Act, or of a business regulated by the board to which the appointment is being made;
(8) Not be the parent, child, spouse, or household member of any person presently regulated by the board to which the appointment is being made;
(9) Have no material financial interest in the profession or business regulated by such board; and
(10) Not be a member or employee of the legislative or judicial branch of state government.
Source
Laws 2007, LB463, § 65;
Laws 2014, LB132, § 10.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-166 - Initial board subject to act; additional qualifications for members.

38-166.
Initial board subject to act; additional qualifications for members.
For professions coming within the scope of the Uniform Credentialing Act for the first time:
(1) A professional member of a board shall not be required to have held and maintained an active credential for a period of five years just preceding his or her appointment. Members appointed during the first five years after a profession comes within the scope of the act shall be required to meet the minimum qualifications for credentialing and shall, insofar as possible, meet the requirements as to years of practice in this state otherwise provided by section 38-164;
(2) All professional members appointed to an initial board shall be credentialed within six months after being appointed to the board or within six months after the date by which members of the profession are required to be credentialed, whichever is later. If for any reason a professional member is not credentialed within such time period, a new professional member shall be appointed to take his or her place;
(3) Members shall be appointed to the initial board within thirty days after the effective or operative date, whichever is later, of the legislation providing for credentialing of the profession; and
(4) The terms of the initial board members shall be as follows: One member shall hold office until December 1 of the third year following the year in which the legislation providing for credentialing of the profession became effective; two, including one public member, until December 1 of the fourth year; and two, including one public member, until December 1 of the fifth year.
Source
Laws 2007, LB463, § 66.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-167 - Boards; designated; change in name; effect.

38-167.
Boards; designated; change in name; effect.
(1) Boards shall be designated as follows:
(a) Board of Advanced Practice Registered Nurses;
(b) Board of Alcohol and Drug Counseling;
(c) Board of Athletic Training;
(d) Board of Audiology and Speech-Language Pathology;
(e) Board of Behavior Analysts;
(f) Board of Chiropractic;
(g) Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art;
(h) Board of Dentistry;
(i) Board of Emergency Medical Services;
(j) Board of Registered Environmental Health Specialists;
(k) Board of Funeral Directing and Embalming;
(l) Board of Hearing Instrument Specialists;
(m) Board of Massage Therapy;
(n) Board of Medical Nutrition Therapy;
(o) Board of Medical Radiography;
(p) Board of Medicine and Surgery;
(q) Board of Mental Health Practice;
(r) Board of Nursing;
(s) Board of Nursing Home Administration;
(t) Board of Occupational Therapy Practice;
(u) Board of Optometry;
(v) Board of Pharmacy;
(w) Board of Physical Therapy;
(x) Board of Podiatry;
(y) Board of Psychology;
(z) Board of Respiratory Care Practice; and
(aa) Board of Veterinary Medicine and Surgery.
(2) Any change made by the Legislature of the names of boards listed in this section shall not change the membership of such boards or affect the validity of any action taken by or the status of any action pending before any of such boards. Any such board newly named by the Legislature shall be the direct and only successor to the board as previously named.
Source
Laws 1927, c. 167, § 12, p. 457;
C.S.1929, § 71-302;
Laws 1935, c. 142, § 30, p. 530;
C.S.Supp.,1941, § 71-302;
Laws 1943, c. 150, § 4, p. 540;
R.S.1943, § 71-112;
Laws 1957, c. 298, § 8, p. 1078;
Laws 1961, c. 337, § 6, p. 1053;
Laws 1978, LB 406, § 4;
Laws 1979, LB 427, § 5;
Laws 1981, LB 451, § 3;
Laws 1984, LB 481, § 9;
Laws 1985, LB 129, § 5;
Laws 1986, LB 277, § 5;
Laws 1986, LB 286, § 32;
Laws 1986, LB 355, § 11;
Laws 1986, LB 579, § 24;
Laws 1988, LB 557, § 16;
Laws 1988, LB 1100, § 8;
Laws 1989, LB 342, § 8;
Laws 1993, LB 187, § 5;
Laws 1993, LB 669, § 6;
Laws 1995, LB 406, § 14;
Laws 1999, LB 828, § 14;
Laws 2000, LB 833, § 1;
Laws 2001, LB 270, § 5;
Laws 2002, LB 1021, § 7;
Laws 2004, LB 1083, § 107;
R.S.Supp.,2006, § 71-112;
Laws 2007, LB236, § 5;
Laws 2007, LB463, § 67;
Laws 2009, LB195, § 7;
Laws 2021, LB148, § 48;
Laws 2023, LB227, § 20.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-168 - Boards; conflict of interest.

38-168.
Boards; conflict of interest.
The department may establish definitions of conflicts of interest for members of the boards and may establish procedures in the case such a conflict arises. For purposes of this section, conflict of interest includes financial, professional, or personal obligations that may compromise or present the appearance of compromising the judgment of a member in the performance of his or her duties.
Source
Laws 1982, LB 448, § 5;
Laws 1987, LB 473, § 10;
Laws 1999, LB 828, § 19;
R.S.1943, (2003), § 71-115.01;
Laws 2007, LB463, § 68.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-169 - Board; organization.

38-169.
Board; organization.
Each board shall organize annually at its first meeting subsequent to December 1 and shall select a chairperson, a vice-chairperson, and a secretary from its own membership.
Source
Laws 1927, c. 167, § 20, p. 459;
C.S.1929, § 71-310;
R.S.1943, § 71-120;
Laws 1999, LB 828, § 24;
R.S.1943, (2003), § 71-120;
Laws 2007, LB463, § 69.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-170 - Board; business; how transacted.

38-170.
Board; business; how transacted.
The department shall, as far as practicable, provide for the conducting of the business of the boards by mail and may hold meetings by virtual conferencing subject to the Open Meetings Act. Any official action or vote of the members of a board taken by mail shall be preserved in the records of the department and shall be recorded in the board's minutes by the department.
Source
Laws 1927, c. 167, § 21, p. 459;
C.S.1929, § 71-311;
Laws 1943, c. 150, § 9, p. 541;
R.S.1943, § 71-121;
Laws 1978, LB 406, § 8;
Laws 1979, LB 427, § 11;
Laws 1985, LB 129, § 9;
Laws 1986, LB 926, § 8;
Laws 1988, LB 1100, § 12;
Laws 1997, LB 307, § 114;
Laws 1999, LB 828, § 25;
Laws 2004, LB 821, § 16;
R.S.Supp.,2006, § 71-121;
Laws 2007, LB463, § 70;
Laws 2021, LB83, § 4.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-171 - Board; advisory committee or body; compensation; limitation; expenses.

38-171.
Board; advisory committee or body; compensation; limitation; expenses.
Each member of a board shall, in addition to necessary traveling and lodging expenses, receive a per diem for each day actually engaged in the discharge of his or her duties, including compensation for the time spent in traveling to and from the place of conducting business. Traveling and lodging expenses shall be on the same basis as provided in sections 81-1174 to 81-1177. The compensation per day shall not exceed fifty dollars and shall be determined by each board with the approval of the department. Persons serving on an advisory committee or body under section 38-161 shall receive remuneration of expenses as provided in sections 81-1174 to 81-1177, including compensation for time spent in traveling to and from the place of conducting business, and a per diem of fifty dollars.
Source
Laws 1927, c. 167, § 22, p. 459;
Laws 1929, c. 161, § 1, p. 556;
C.S.1929, § 71-312;
Laws 1935, c. 142, § 32, p. 531;
C.S.Supp.,1941, § 71-312;
R.S.1943, § 71-122;
Laws 1955, c. 270, § 1, p. 849;
Laws 1957, c. 298, § 11, p. 1079;
Laws 1959, c. 318, § 1, p. 1165;
Laws 1961, c. 337, § 7, p. 1053;
Laws 1965, c. 410, § 1, p. 1315;
Laws 1967, c. 438, § 1, p. 1347;
Laws 1967, c. 439, § 16, p. 1364;
Laws 1969, c. 561, § 1, p. 2287;
Laws 1971, LB 587, § 5;
Laws 1972, LB 1385, § 1;
Laws 1978, LB 406, § 9;
Laws 1979, LB 427, § 12;
Laws 1981, LB 451, § 5;
Laws 1981, LB 204, § 108;
Laws 1984, LB 481, § 13;
Laws 1985, LB 129, § 10;
Laws 1986, LB 926, § 10;
Laws 1999, LB 828, § 27;
Laws 2003, LB 242, § 17;
R.S.1943, (2003), § 71-122;
Laws 2007, LB463, § 71.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-172 - Board; national organization or related meetings; attendance.

38-172.
Board; national organization or related meetings; attendance.
Each board may select one or more of its members to attend the annual meeting of the national organization of state boards of such profession or other related meetings. Any member so selected shall receive his or her necessary traveling and lodging expenses in attending such meetings on the same basis as provided in sections 81-1174 to 81-1177.
Source
Laws 1927, c. 167, § 24, p. 460;
C.S.1929, § 71-314;
R.S.1943, § 71-124;
Laws 1971, LB 587, § 7;
Laws 1981, LB 204, § 110;
Laws 1986, LB 926, § 12;
Laws 1999, LB 828, § 29;
R.S.1943, (2003), § 71-124;
Laws 2007, LB463, § 72.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-173 - Board; liability; exemption; when.

38-173.
Board; liability; exemption; when.
No member of a board, no expert retained by the department, and no member of a profession who provides consultation to or testimony for the department shall be liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or otherwise for any action taken or recommendation made within the scope of the functions of such board or expert or the consultation or testimony given by such person, if such board member, expert, or person acts without malice and in the reasonable belief that such action, recommendation, consultation, or testimony is warranted by the facts known to him or her after a reasonable effort is made to obtain the facts on which such action is taken, recommendation is made, or consultation or testimony is provided.
Source
Laws 1976, LB 877, § 24;
Laws 1986, LB 286, § 71;
Laws 1986, LB 579, § 63;
Laws 1996, LB 1044, § 398;
Laws 1999, LB 828, § 52;
R.S.1943, (2003), § 71-161.19;
Laws 2007, LB463, § 73.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-174 - Department; responsibilities; costs; how paid.

38-174.
Department; responsibilities; costs; how paid.
The department shall be responsible for the general administration of the activities of each of the boards. The cost of operation and administration of the boards shall be paid from the General Fund and the Professional and Occupational Credentialing Cash Fund.
Source
Laws 1972, LB 1385, § 3;
Laws 1980, LB 958, § 1;
Laws 1980, LB 847, § 1;
Laws 1986, LB 926, § 9;
Laws 1991, LB 10, § 1;
Laws 1997, LB 307, § 115;
Laws 1999, LB 828, § 26;
Laws 2003, LB 242, § 16;
Laws 2005, LB 256, § 20;
R.S.Supp.,2006, § 71-121.01;
Laws 2007, LB296, § 300;
Laws 2007, LB463, § 74.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-176 - Director; jurisdiction of proceedings; grounds for denial of credential.

38-176.
Director; jurisdiction of proceedings; grounds for denial of credential.
(1) The director shall have jurisdiction of proceedings (a) to deny the issuance of a credential, (b) to refuse renewal of a credential, and (c) to discipline a credential holder.
(2) Except as otherwise provided in section 38-1,119, if an applicant for an initial credential or for renewal of a credential to practice a profession does not meet all of the requirements for the credential, the department shall deny issuance or renewal of the credential.
Source
Laws 2007, LB463, § 76.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-177 - Disciplinary actions; terms, defined.

38-177.
Disciplinary actions; terms, defined.
For purposes of sections 38-178, 38-179, and 38-184:
(1) Confidential information means information protected as privileged under applicable law;
(2) Conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere or non vult contendere made to a formal criminal charge or a judicial finding of guilt irrespective of the pronouncement of judgment or the suspension thereof and includes instances in which the imposition or the execution of sentence is suspended following a judicial finding of guilt and the defendant is placed on probation; and
(3) Pattern of incompetent or negligent conduct means a continued course of incompetent or negligent conduct in performing the duties of the profession.
Source
Laws 1976, LB 877, § 6;
Laws 1978, LB 748, § 36;
Laws 1986, LB 318, § 142;
Laws 1988, LB 693, § 1;
Laws 1988, LB 1100, § 21;
R.S.1943, (2003), § 71-161.01;
Laws 2007, LB463, § 77.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-180 - Disciplinary actions; evidence of discipline by another state or jurisdiction.

38-180.
Disciplinary actions; evidence of discipline by another state or jurisdiction.
For purposes of subdivision (12) of section 38-178, a certified copy of the record of denial, refusal of renewal, limitation, suspension, or revocation of a license, certificate, registration, or other similar credential or the taking of other disciplinary measures against it by another state or jurisdiction shall be conclusive evidence of a violation.
Source
Laws 2007, LB463, § 80;
Laws 2019, LB449, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-181 - Initial credential to operate business; renewal of credential; denial by department; powers of department.

38-181.
Initial credential to operate business; renewal of credential; denial by department; powers of department.
If an applicant for an initial credential to operate a business does not meet all of the requirements for the credential, the department shall deny issuance of the credential. If an applicant for an initial credential to operate a business or a credential holder applying for renewal of the credential to operate a business has committed any of the acts set out in section 38-182, the department may deny issuance or refuse renewal of the credential or may issue or renew the credential subject to any of the terms imposed under section 38-196 in order to protect the public.
Source
Laws 2007, LB463, § 81.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-182 - Disciplinary actions; credential to operate business; grounds.

38-182.
Disciplinary actions; credential to operate business; grounds.
A credential to operate a business may be denied, refused renewal, or have disciplinary measures taken against it in accordance with section 38-196 on any of the following grounds:
(1) Violation of the Uniform Credentialing Act or the rules and regulations adopted and promulgated under such act relating to the applicable business;
(2) Committing or permitting, aiding, or abetting the commission of any unlawful act;
(3) Conduct or practices detrimental to the health or safety of an individual served or employed by the business;
(4) Failure to allow an agent or employee of the department access to the business for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the department;
(5) Discrimination or retaliation against an individual served or employed by the business who has submitted a complaint or information to the department or is perceived to have submitted a complaint or information to the department; or
(6) Failure to file a report required by section 71-552.
Source
Laws 2007, LB463, § 82;
Laws 2011, LB591, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-183 - Credential issued by department; temporary suspension or limitation; notice and hearing not required; when; duration.

38-183.
Credential issued by department; temporary suspension or limitation; notice and hearing not required; when; duration.
(1) The department may temporarily suspend or temporarily limit any credential issued by the department without notice or a hearing if the director determines that there is reasonable cause to believe that grounds exist under section 38-178 or 38-182 for the revocation, suspension, or limitation of the credential and that the credential holder's continuation in practice or operation would constitute an imminent danger to the public health and safety. Simultaneously with any such action, the department shall institute proceedings for a hearing on the grounds for revocation, suspension, or limitation of the credential. Such hearing shall be held no later than fifteen days from the date of such temporary suspension or temporary limitation of the credential.
(2) A continuance of the hearing shall be granted by the department upon the written request of the credential holder, and such a continuance shall not exceed thirty days unless waived by the credential holder. A temporary suspension or temporary limitation order by the director shall take effect when served upon the credential holder.
(3) In no case shall a temporary suspension or temporary limitation of a credential under this section be in effect for a period of time in excess of ninety days unless waived by the credential holder. If a decision is not reached within ninety days, the credential shall be reinstated unless and until the department reaches a decision to revoke, suspend, or limit the credential or otherwise discipline the credential holder.
Source
Laws 1986, LB 926, § 26;
Laws 1991, LB 456, § 10;
Laws 1994, LB 1210, § 26;
R.S.1943, (2003), § 71-147.02;
Laws 2007, LB463, § 83.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-184 - Credential; disciplinary actions; time when taken.

38-184.
Credential; disciplinary actions; time when taken.
If an applicant for a credential or a credential holder is convicted of an offense for which the credential may be denied or refused renewal or have other disciplinary measures taken against it in accordance with section 38-196, such denial, refusal of renewal, or disciplinary measures may be taken when the time for appeal of the conviction has elapsed or the conviction has been affirmed on appeal or an order granting probation is made suspending the imposition or the execution of sentence, irrespective of any subsequent order under any statute allowing such person to withdraw his or her plea of guilty, nolo contendere, or non vult contendere and to enter a plea of not guilty, or setting aside the verdict of guilty or the conviction, or releasing the person from probation, or dismissing the accusation, information, or indictment.
Source
Laws 2007, LB463, § 84.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-185 - Credential; denial; refuse renewal; notice; hearing.

38-185.
Credential; denial; refuse renewal; notice; hearing.
To deny or refuse renewal of a credential, the department shall notify the applicant or credential holder in writing of the action taken and the reasons for the determination. The denial or refusal to renew shall become final thirty days after mailing the notice unless the applicant or credential holder, within such thirty-day period, requests a hearing in writing. The hearing shall be conducted in accordance with the Administrative Procedure Act.
Source
Laws 1927, c. 167, § 49, p. 467;
C.S.1929, § 71-604;
R.S.1943, § 71-150;
Laws 1986, LB 286, § 48;
Laws 1986, LB 579, § 40;
Laws 1988, LB 1100, § 19;
Laws 1991, LB 456, § 12;
Laws 1994, LB 1210, § 29;
Laws 1996, LB 1044, § 382;
R.S.1943, (2003), § 71-150;
Laws 2007, LB296, § 304;
Laws 2007, LB463, § 85.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
The judiciary will not interfere with executive officers in the performance of duties which are discretionary in their nature or involve the exercise of judgment; there exists no power in the courts to act upon the officer so as to interfere with the exercise of that judgment while the matter is properly before the officer for action. Roseberry v. Wright, 2 Neb. App. 248, 508 N.W.2d 867 (1993).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-186 - Credential; discipline; petition by Attorney General; hearing; department; powers and duties.

38-186.
Credential; discipline; petition by Attorney General; hearing; department; powers and duties.
(1) A petition shall be filed by the Attorney General in order for the director to discipline a credential obtained under the Uniform Credentialing Act to:
(a) Practice or represent oneself as being certified under any of the practice acts enumerated in section 38-101 other than subdivision (21) of section 38-101; or
(b) Operate as a business for the provision of services in body art; cosmetology; emergency medical services; esthetics; funeral directing and embalming; massage therapy; and nail technology in accordance with subsection (3) of section 38-121.
(2) The petition shall be filed in the office of the director. The department may withhold a petition for discipline or a final decision from public access for a period of five days from the date of filing the petition or the date the decision is entered or until service is made, whichever is earliest.
(3) The proceeding shall be summary in its nature and triable as an equity action and shall be heard by the director or by a hearing officer designated by the director under rules and regulations of the department. Affidavits may be received in evidence in the discretion of the director or hearing officer. The department shall have the power to administer oaths, to subpoena witnesses and compel their attendance, and to issue subpoenas duces tecum and require the production of books, accounts, and documents in the same manner and to the same extent as the district courts of the state. Depositions may be used by either party.
Source
Laws 2007, LB463, § 86;
Laws 2012, LB831, § 28;
Laws 2017, LB88, § 34;
Laws 2017, LB255, § 10;
Laws 2023, LB227, § 21.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-187 - Credential; discipline; petition; form; other pleadings.

38-187.
Credential; discipline; petition; form; other pleadings.
The following rules shall govern the form of the petition in cases brought pursuant to section 38-186:
(1) The state shall be named as plaintiff and the credential holder as defendant;
(2) The charges against the credential holder shall be stated with reasonable definiteness;
(3) Amendments may be made as in ordinary actions in the district court; and
(4) All allegations shall be deemed denied, but the credential holder may plead thereto if he or she desires.
Source
Laws 1927, c. 167, § 51, p. 467;
C.S.1929, § 71-606;
R.S.1943, § 71-152;
Laws 1986, LB 286, § 50;
Laws 1986, LB 579, § 42;
Laws 1994, LB 1210, § 31;
R.S.1943, (2003), § 71-152;
Laws 2007, LB463, § 87.
Annotations
Under former law, the complaint was sufficient if it informed the accused of the nature of the wrong laid to his charge and of the particular instance of its perpetration. Munk v. Frink, 75 Neb. 172, 106 N.W. 425 (1905).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-188 - Credential; discipline; hearing; time; place.

38-188.
Credential; discipline; hearing; time; place.
Upon presentation of the petition to the director, he or she shall make an order fixing the time and place for the hearing, which shall not be less than thirty nor more than sixty days thereafter.
Source
Laws 1927, c. 167, § 52, p. 468;
C.S.1929, § 71-607;
R.S.1943, § 71-153;
Laws 1986, LB 926, § 27;
Laws 1996, LB 1044, § 383;
R.S.1943, (2003), § 71-153;
Laws 2007, LB296, § 306;
Laws 2007, LB463, § 88.