reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2038 - Temporary educational or visiting faculty permit; use.

38-2038.
Temporary educational or visiting faculty permit; use.
The holder of a temporary educational permit or of a visiting faculty permit shall be entitled to practice medicine and surgery and any of its allied specialties, including prescribing medicine and controlled substances, while serving in graduate medical education, a fellowship, or a refresher course in the State of Nebraska, but neither the holder of a temporary educational permit nor the holder of a visiting faculty permit shall be qualified to engage in the practice of medicine and surgery or any of its allied specialties within the State of Nebraska and outside of the assigned graduate medical education, fellowship, refresher course, teaching program, or research program.
Source
Laws 1969, c. 560, § 9, p. 2283;
Laws 1971, LB 150, § 6;
R.S.1943, (2003), § 71-1,107.03;
Laws 2007, LB463, § 696.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2039 - Temporary educational permit; application; department; duties.

38-2039.
Temporary educational permit; application; department; duties.
Before granting any temporary educational permit, the department, with the recommendation of the board, shall ascertain that an authorized provider of graduate medical education, a fellowship, or a refresher course has requested the issuance of a temporary educational permit for an applicant to participate in its graduate medical education, fellowship, or refresher course for the period involved.
Source
Laws 1969, c. 560, § 13, p. 2284;
Laws 1971, LB 150, § 10;
Laws 1996, LB 1044, § 430;
R.S.1943, (2003), § 71-1,107.07;
Laws 2007, LB296, § 336;
Laws 2007, LB463, § 697.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2040 - Visiting faculty permit; application; department; duties.

38-2040.
Visiting faculty permit; application; department; duties.
Before a visiting faculty permit is issued, the department, with the recommendation of the board, shall determine that an accredited school or college of medicine in the State of Nebraska has requested issuance of a visiting faculty permit for the individual involved to serve as a member of the faculty of such school or college of medicine. Any application for issuing a visiting faculty permit shall outline the faculty duties to be performed pursuant to the permit.
Source
Laws 1969, c. 560, § 14, p. 2284;
Laws 1971, LB 150, § 11;
Laws 1996, LB 1044, § 431;
R.S.1943, (2003), § 71-1,107.08;
Laws 2007, LB296, § 337;
Laws 2007, LB463, § 698.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2041 - Temporary educational or visiting faculty permits; recommend, when.

38-2041.
Temporary educational or visiting faculty permits; recommend, when.
The recommendation of the board for the issuance of any temporary educational permits or any visiting faculty permits shall be made at regular meetings of such board, but the chairperson or one other member of the board shall have the power to recommend the issuance of such permits between the meetings of the board.
Source
Laws 1969, c. 560, § 15, p. 2285;
Laws 1971, LB 150, § 12;
Laws 1999, LB 828, § 87;
R.S.1943, (2003), § 71-1,107.09;
Laws 2007, LB463, § 699.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2042 - Temporary educational or visiting faculty permit; duration; renewal.

38-2042.
Temporary educational or visiting faculty permit; duration; renewal.
The duration of any temporary educational or visiting faculty permit shall be determined by the department but in no case shall it be in excess of one year. The permit may be renewed annually as long as the holder of a temporary educational permit is still enrolled and participating in the program of supervised educational training or as long as the holder of a visiting faculty permit is still teaching students of medicine or conducting research.
Source
Laws 1969, c. 560, § 12, p. 2284;
Laws 1971, LB 150, § 9;
Laws 1989, LB 342, § 18;
Laws 1996, LB 1044, § 429;
R.S.1943, (2003), § 71-1,107.06;
Laws 2007, LB296, § 335;
Laws 2007, LB463, § 700.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2043 - Temporary educational or visiting faculty permit; disciplinary action; grounds.

38-2043.
Temporary educational or visiting faculty permit; disciplinary action; grounds.
Any temporary educational or visiting faculty permit may be suspended, limited, or revoked by the department, with the recommendation of the board, at any time upon a finding that the reasons for issuing such permit no longer exist or that the person to whom such permit has been issued is no longer qualified to hold such permit.
Source
Laws 1969, c. 560, § 17, p. 2285;
Laws 1971, LB 150, § 14;
Laws 1996, LB 1044, § 433;
Laws 1999, LB 828, § 89;
R.S.1943, (2003), § 71-1,107.11;
Laws 2007, LB463, § 701.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2044 - Temporary educational permit; to whom issued; qualifications.

38-2044.
Temporary educational permit; to whom issued; qualifications.
A temporary educational permit may be issued to graduates of foreign schools or colleges of medicine or to individuals if the applicant, in addition to meeting the other requirements for the issuance of such permit, presents to the department a copy of a permanent certificate of the Educational Commission on Foreign Medical Graduates currently effective and relating to such applicant or, in lieu thereof, such credentials as are necessary to certify to successful passage of the Visa Qualifying Examination, or its successor or equivalent examination, required by the United States Department of Health and Human Services and the United States Citizenship and Immigration Services or, if a graduate of a foreign medical school who has successfully completed a program of American medical training designated as the Fifth Pathway and who additionally has successfully passed the Educational Commission on Foreign Medical Graduates examination but has not yet received a permanent certificate attesting to the same, and provides such credentials as are necessary to certify the same to the department, at such time as the department, with the recommendation of the board, determines, and, if so directed by the department, passes an examination approved by the board to measure his or her clinical competence to proceed to advanced training before advancing beyond the initial phase of the training program, and if such examination is required, pays the required fee.
Source
Laws 1969, c. 560, § 19, p. 2286;
Laws 1971, LB 150, § 15;
Laws 1974, LB 811, § 10;
Laws 1978, LB 761, § 2;
Laws 1991, LB 2, § 12;
Laws 1996, LB 1044, § 434;
Laws 1999, LB 828, § 90;
Laws 2003, LB 242, § 41;
R.S.1943, (2003), § 71-1,107.13;
Laws 2007, LB463, § 702.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2045 - Visiting faculty permit; issuance; conditions.

38-2045.
Visiting faculty permit; issuance; conditions.
A visiting faculty permit may be issued to graduates of foreign schools or colleges of medicine or to individuals if an accredited college or school of medicine in the State of Nebraska has requested that such permit be issued. It shall not be necessary for such applicant to provide a certificate of the Educational Commission on Foreign Medical Graduates as required in the case of temporary educational permits. If directed by the department an applicant for a visiting faculty permit may be required to pass an examination approved by the board to measure his or her clinical competence to practice medicine and if such examination is required the applicant shall pay the required fee.
Source
Laws 1971, LB 150, § 16;
Laws 1974, LB 811, § 11;
Laws 1996, LB 1044, § 435;
Laws 1999, LB 828, § 91;
Laws 2003, LB 242, § 42;
R.S.1943, (2003), § 71-1,107.14;
Laws 2007, LB463, § 703.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2046 - Physician assistants; legislative findings.

38-2046.
Physician assistants; legislative findings.
The Legislature finds that:
(1) In its concern with the geographic maldistribution of health care services in Nebraska it is essential to develop additional health personnel; and
(2) It is essential to encourage the more effective utilization of the skills of physicians and podiatrists by enabling them to delegate health care tasks to qualified physician assistants when such delegation is consistent with the patient's health and welfare.
It is the intent of the Legislature to encourage the utilization of physician assistants.
Source
Laws 1973, LB 101, § 1;
R.S.Supp.,1973, § 85-179.04;
Laws 1985, LB 132, § 1;
R.S.1943, (2003), § 71-1,107.15;
Laws 2007, LB463, § 704;
Laws 2020, LB755, § 11.
Cross References
Student loan program, Rural Health Systems and Professional Incentive Act, see section 71-5650.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2047 - Physician assistants; services performed; supervision requirements.

38-2047.
Physician assistants; services performed; supervision requirements.
(1) A physician assistant may perform medical services that (a) are delegated by and provided under the supervision of a licensed physician who meets the requirements of section 38-2050, (b) are appropriate to the level of education, experience, and training of the physician assistant, (c)(i) form a component of the supervising physician's scope of practice or (ii) form a component of the scope of practice of a physician who meets the requirements of section 38-2050 working in the same physician group as the physician assistant if delegated by and provided under the supervision of and collaboration with such physician, (d) 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, and (e) are not otherwise prohibited by law.
(2) A physician assistant shall have at least one supervising physician for each employer. If the employer is a multispecialty practice, the physician assistant shall have a supervising physician for each specialty practice area in which the physician assistant performs medical services.
(3) Each physician assistant and his or her supervising physician shall be responsible to ensure that (a) the scope of practice of the physician assistant is identified, (b) the delegation of medical tasks is appropriate to the level of education, experience, and training of the physician assistant, (c) the relationship of and access to the supervising physician is defined, and (d) a process for evaluation of the performance of the physician assistant is established.
(4) A physician assistant may pronounce death and may complete and sign death certificates and any other forms if such acts are within the scope of practice of the physician assistant.
(5) A physician assistant may practice under the supervision of a podiatrist as provided in section 38-3013.
Source
Laws 1973, LB 101, § 3;
R.S.Supp.,1973, § 85-179.06;
Laws 1985, LB 132, § 3;
Laws 1993, LB 316, § 2;
Laws 1996, LB 1108, § 9;
R.S.1943, (2003), § 71-1,107.17;
Laws 2007, LB463, § 705;
Laws 2009, LB195, § 43;
Laws 2020, LB755, § 12.
Cross References
Liability limitations:
Malpractice, Nebraska Hospital-Medical Liability Act, see section 44-2801 et seq.
Rendering emergency aid, see section 25-21,186.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2048 - Physician assistants; trainee; services performed.

38-2048.
Physician assistants; trainee; services performed.
Notwithstanding any other provision of law, a trainee may perform medical services when he or she renders such services within the scope of an approved program.
Source
Laws 1973, LB 101, § 4;
R.S.Supp.,1973, § 85-179.07;
Laws 1985, LB 132, § 4;
R.S.1943, (2003), § 71-1,107.18;
Laws 2007, LB463, § 706.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2049 - Physician assistants; licenses; temporary licenses; issuance; military spouse; temporary license.

38-2049.
Physician assistants; licenses; temporary licenses; issuance; military spouse; temporary license.
(1) The department, with the recommendation of the board, shall issue licenses to persons who are graduates of an approved program and have passed a proficiency examination.
(2) The department, with the recommendation of the board, shall issue temporary licenses under this subsection to persons who have successfully completed an approved program but who have not yet passed a proficiency examination. Any temporary license issued pursuant to this subsection shall be issued for a period not to exceed one year and under such conditions as determined by the department, with the recommendation of the board. The temporary license issued under this subsection may be extended by the department, with the recommendation of the board.
(3) Physician assistants approved by the board prior to April 16, 1985, shall not be required to complete the proficiency examination.
(4) An applicant who is a military spouse applying for a license to practice as a physician assistant may apply for a temporary license as provided in section 38-129.01.
Source
Laws 1973, LB 101, § 5;
R.S.Supp.,1973, § 85-179.08;
Laws 1985, LB 132, § 5;
Laws 1996, LB 1108, § 10;
R.S.1943, (2003), § 71-1,107.19;
Laws 2007, LB463, § 707;
Laws 2009, LB195, § 44;
Laws 2017, LB88, § 64.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2050 - Physician assistants; supervision; supervising physician; requirements; collaborative agreement.

38-2050.
Physician assistants; supervision; supervising physician; requirements; collaborative agreement.
(1) To be a supervising physician, a person shall:
(a) Be licensed to practice medicine and surgery under the Uniform Credentialing Act;
(b) Have no restriction imposed by the board on his or her ability to supervise or collaborate with a physician assistant; and
(c) Be a party to a collaborative agreement with the physician assistant.
(2) The supervising physician shall keep the collaborative agreement on file at his or her primary practice site, shall keep a copy of the collaborative agreement on file at each practice site where the physician assistant provides medical 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 physician shall be continuous but shall not require the physical presence of the supervising physician 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 physician.
(4) A supervising physician 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 physician meets the minimum requirements for the waiver. The department may adopt and promulgate rules and regulations establishing minimum requirements for such waivers.
Source
Laws 1973, LB 101, § 6;
R.S.Supp.,1973, § 85-179.09;
Laws 1985, LB 132, § 6;
Laws 1993, LB 316, § 3;
R.S.1943, (2003), § 71-1,107.20;
Laws 2007, LB463, § 708;
Laws 2009, LB195, § 45;
Laws 2020, LB755, § 13.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2052 - Physician assistants; misrepresentation; penalty.

38-2052.
Physician assistants; misrepresentation; penalty.
Any person who has not been licensed by the department, with the recommendation of the board, and who holds himself or herself out as a physician assistant, or who uses any other term to indicate or imply that he or she is a physician assistant, shall be guilty of a Class IV felony.
Source
Laws 1973, LB 101, § 7;
R.S.Supp.,1973, § 85-179.10;
Laws 1977, LB 39, § 319;
Laws 1985, LB 132, § 7;
R.S.1943, (2003), § 71-1,107.21;
Laws 2007, LB463, § 710.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2053 - Physician assistants; negligent acts; liability.

38-2053.
Physician assistants; negligent acts; liability.
Any physician or physician groups utilizing physician assistants shall be liable for any negligent acts or omissions of physician assistants while acting under their supervision.
Source
Laws 1973, LB 101, § 14;
R.S.Supp.,1973, § 85-179.17;
Laws 1985, LB 132, § 13;
R.S.1943, (2003), § 71-1,107.28;
Laws 2007, LB463, § 711;
Laws 2020, LB755, § 14.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2054 - Physician assistants; licensed; not engaged in unauthorized practice of medicine.

38-2054.
Physician assistants; licensed; not engaged in unauthorized practice of medicine.
Any physician assistant who is licensed and who renders services under the supervision of a licensed physician as provided by the Medicine and Surgery Practice Act shall not be construed to be engaged in the unauthorized practice of medicine.
Source
Laws 1973, LB 101, § 15;
R.S.Supp.,1973, § 85-179.18;
Laws 1985, LB 132, § 14;
Laws 1996, LB 1108, § 13;
R.S.1943, (2003), § 71-1,107.29;
Laws 2007, LB463, § 712;
Laws 2020, LB755, § 15.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2055 - Physician assistants; prescribe drugs and devices; restrictions; therapeutic regimen; powers.

38-2055.
Physician assistants; prescribe drugs and devices; restrictions; therapeutic regimen; powers.
(1) A physician assistant, under a collaborative agreement with a supervising physician, may prescribe drugs and devices.
(2) All such prescriptions and prescription container labels shall bear the name of the physician assistant. A physician assistant who prescribes controlled substances listed in Schedule II, III, IV, or V of section 28-405 shall obtain a federal Drug Enforcement Administration registration number. A physician assistant may dispense drug samples to patients and may request, receive, or sign for drug samples.
(3) A physician assistant, under a collaborative agreement with a supervising physician, may plan and initiate a therapeutic regimen, which includes ordering and prescribing nonpharmacological interventions, including, but not limited to, durable medical equipment, nutrition, blood and blood products, and diagnostic support services, such as home health care, hospice, physical therapy, and occupational therapy.
Source
Laws 1985, LB 132, § 15;
Laws 1992, LB 1019, § 41;
Laws 1999, LB 379, § 4;
Laws 1999, LB 828, § 94;
Laws 2005, LB 175, § 1;
R.S.Supp.,2006, § 71-1,107.30;
Laws 2007, LB463, § 713;
Laws 2009, LB195, § 46;
Laws 2020, LB755, § 16.
Cross References
Schedules of controlled substances, see section 28-405.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2056 - Physician Assistant Committee; created; membership; powers and duties; per diem; expenses.

38-2056.
Physician Assistant Committee; created; membership; powers and duties; per diem; expenses.
(1) There is hereby created the Physician Assistant Committee which shall review and make recommendations to the board regarding all matters relating to physician assistants that come before the board. Such matters shall include, but not be limited to, (a) applications for licensure, (b) physician assistant education, (c) scope of practice, (d) proceedings arising pursuant to sections 38-178 and 38-179, (e) physician assistant licensure requirements, and (f) continuing competency. The committee shall be directly responsible to the board.
(2) The committee shall be appointed by the State Board of Health. The committee shall be composed of two physician assistants, one supervising physician, one member of the Board of Medicine and Surgery who shall be a nonvoting member of the committee, and one public member. The chairperson of the committee shall be elected by a majority vote of the committee members.
(3) At the expiration of the four-year terms of the members serving on December 1, 2008, appointments shall be for five-year terms. Members shall serve no more than two consecutive full five-year terms. Reappointments shall be made by the State Board of Health.
(4) The committee shall meet on a regular basis and committee members 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 reimbursed on the same basis as provided in sections 81-1174 to 81-1177. The compensation shall not exceed fifty dollars per day and shall be determined by the committee with the approval of the department.
Source
Laws 1973, LB 101, § 11;
R.S.Supp.,1973, § 85-179.14;
Laws 1985, LB 132, § 10;
Laws 1996, LB 1108, § 11;
Laws 1999, LB 828, § 93;
Laws 2002, LB 1021, § 18;
R.S.1943, (2003), § 71-1,107.25;
Laws 2007, LB463, § 714;
Laws 2020, LB755, § 17.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2057 - Acupuncture; exemptions.

38-2057.
Acupuncture; exemptions.
The provisions of the Medicine and Surgery Practice Act relating to acupuncture do not apply to:
(1) Any other health care practitioner credentialed under the Uniform Credentialing Act practicing within the scope of his or her profession;
(2) A student practicing acupuncture under the supervision of a person licensed to practice acupuncture under the Uniform Credentialing Act as part of a course of study approved by the department; or
(3) The practice of acupuncture by any person licensed or certified to practice acupuncture in any other jurisdiction when practicing in an educational seminar sponsored by a state-approved acupuncture or professional organization if the practice is supervised directly by a person licensed to practice acupuncture under the Uniform Credentialing Act.
Source
Laws 2001, LB 270, § 9;
Laws 2003, LB 242, § 81;
R.S.1943, (2003), § 71-1,345;
Laws 2007, LB463, § 715.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2058 - Acupuncture; license required; standard of care.

38-2058.
Acupuncture; license required; standard of care.
It is unlawful to practice acupuncture on a person in this state unless the acupuncturist is licensed to practice acupuncture under the Uniform Credentialing Act. An acupuncturist licensed under the Uniform Credentialing Act shall provide the same standard of care to patients as that provided by a person licensed under the Uniform Credentialing Act to practice medicine and surgery, osteopathy, or osteopathic medicine and surgery. An acupuncturist licensed under the Uniform Credentialing Act shall refer a patient to an appropriate practitioner when the problem of the patient is beyond the training, experience, or competence of the acupuncturist.
Source
Laws 2001, LB 270, § 10;
R.S.1943, (2003), § 71-1,346;
Laws 2007, LB463, § 716;
Laws 2017, LB19, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2059 - Acupuncture; consent required.

38-2059.
Acupuncture; consent required.
The practice of acupuncture shall not be performed upon any person except with the voluntary and informed consent of such person. Information provided in connection with obtaining such informed consent shall include, but not be limited to, the following:
(1) The distinctions and differences between the practice of acupuncture and the practice of medicine;
(2) The disclosure that an acupuncturist is not licensed to practice medicine or to make a medical diagnosis of the person's disease or condition and that a physician should be consulted for such medical diagnosis;
(3) The nature and the purpose of the acupuncture treatment; and
(4) Any medical or other risks associated with such treatment.
Source
Laws 2001, LB 270, § 11;
R.S.1943, (2003), § 71-1,347;
Laws 2007, LB463, § 717.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2060 - Acupuncture; license requirements.

38-2060.
Acupuncture; license requirements.
At the time of application for an initial license to practice acupuncture, the applicant shall present to the department proof that he or she:
(1) Has graduated from, after having successfully completed the acupuncture curriculum requirements of, a formal, full-time acupuncture program at a university, college, or school of acupuncture approved by the board which includes at least one thousand seven hundred twenty-five hours of entry-level acupuncture education consisting of a minimum of one thousand didactic and five hundred clinical hours;
(2) Has successfully passed an acupuncture examination approved by the board which shall include a comprehensive written examination in acupuncture theory, diagnosis and treatment technique, and point location; and
(3) Has successfully completed a clean-needle technique course approved by the board.
Source
Laws 2001, LB 270, § 12;
R.S.1943, (2003), § 71-1,348;
Laws 2007, LB463, § 718.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2062 - Anatomic pathology service; unprofessional conduct.

38-2062.
Anatomic pathology service; unprofessional conduct.
(1) It shall be unprofessional conduct for any physician who orders but does not supervise or perform a component of an anatomic pathology service to fail to disclose in any bill for such service presented to a patient, entity, or person:
(a) The name and address of the physician or laboratory that provided the anatomic service; and
(b) The actual amount paid or to be paid for each anatomic pathology service provided to the patient by the physician or laboratory that performed the service.
(2) For purposes of this section, anatomic pathology service means:
(a) Blood-banking services performed by pathologists;
(b) Cytopathology, which means the microscopic examination of cells from the following: Fluids; aspirates; washings; brushings; or smears, including the Pap test examination performed by a physician or under the supervision of a physician;
(c) Hematology, which means the microscopic evaluation of bone marrow aspirates and biopsies performed by a physician or under the supervision of a physician and peripheral blood smears when the attending or treating physician or technologist requests that a blood smear be reviewed by the pathologist;
(d) Histopathology or surgical pathology, which means the gross and microscopic examination and histologic processing of organ tissue performed by a physician or under the supervision of a physician; and
(e) Subcellular pathology and molecular pathology.
(3) For purposes of this section, anatomic pathology service does not include the initial collection or packaging of the specimen for transport.
Source
Laws 2009, LB394, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2064 - Perinatal mental health disorders; referral network; questionnaire.

38-2064.
Perinatal mental health disorders; referral network; questionnaire.
The board may work with accredited hospitals and licensed health care professionals and may create a referral network in Nebraska to develop policies, procedures, information, and educational materials to meet each of the following requirements concerning perinatal mental health disorders:
(1) A licensed health care professional providing prenatal care may:
(a) Provide education to a pregnant patient and, if possible and with permission, to the patient's family about perinatal mental health disorders in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists; and
(b) Invite each pregnant patient to complete a questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists. Screening for perinatal mental health disorders may be repeated when, in the professional judgment of the licensed health care professional, the patient is at increased risk for developing a perinatal mental health disorder;
(2) A licensed health care professional providing postnatal care may invite each postpartum patient to complete a questionnaire and, if completed, shall review the questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists; and
(3) A licensed health care professional providing pediatric care to an infant may invite the infant's mother to complete a questionnaire at any well-child checkup occurring during the first year of life at which the mother is present and, if completed, shall review the questionnaire in accordance with the formal opinions and recommendations of the American Academy of Pediatrics, in order to ensure that the health and well-being of the infant are not compromised by an undiagnosed perinatal mental health disorder in the mother.
Source
Laws 2022, LB905, § 15.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2101 - Act, how cited.

38-2101.
Act, how cited.
Sections 38-2101 to 38-2139 shall be known and may be cited as the Mental Health Practice Act.
Source
Laws 2007, LB247, § 72;
Laws 2007, LB463, § 720;
Laws 2022, LB752, § 10.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2102 - Legislative findings.

38-2102.
Legislative findings.
The Legislature finds that, because many mental health practitioners are not regulated in this state, anyone may offer mental health services by using an unrestricted title and that there is no means for identifying qualified practitioners, for enforcing professional standards, or for holding such practitioners accountable for their actions. Therefor the Legislature determines that, in the interest of consumer protection and for the protection of public health, safety, and welfare, individuals should be provided a means by which they can be assured that their selection of a mental health practitioner is based on sound criteria and that the activities of those persons who by any title may offer or deliver therapeutic mental health services should be regulated.
The purpose of licensing mental health practitioners is to provide for an omnibus title for such persons and to provide for associated certification of social workers, master social workers, professional counselors, and marriage and family therapists.
Source
Laws 1993, LB 669, § 14;
R.S.1943, (2003), § 71-1,295;
Laws 2007, LB463, § 721.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2103 - Definitions, where found.

38-2103.
Definitions, where found.
For purposes of the Mental Health Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2104 to 38-2119 apply.
Source
Laws 1993, LB 669, § 15;
R.S.1943, (2003), § 71-1,296;
Laws 2007, LB247, § 38;
Laws 2007, LB463, § 722.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2104 - Approved educational program, defined.

38-2104.
Approved educational program, defined.
(1) Approved educational program means a program of education and training accredited by an agency listed in subsection (2) of this section or approved by the board. Such approval may be based on the program's accreditation by an accrediting agency with requirements similar to an agency listed in subsection (2) of this section or on standards established by the board in the manner and form provided in section 38-133.
(2) Approved educational program includes a program of education and training accredited by:
(a) The Commission on Accreditation for Marriage and Family Therapy Education;
(b) The Council for Accreditation of Counseling and Related Educational Programs;
(c) The Council on Rehabilitation Education;
(d) The Council on Social Work Education; or
(e) The American Psychological Association for a doctoral degree program enrolled in by a person who has a master's degree or its equivalent in psychology.
Source
Laws 1986, LB 286, § 12;
R.S.1943, (1990), § 71-1,255;
Laws 1993, LB 669, § 16;
R.S.1943, (2003), § 71-1,297;
Laws 2007, LB463, § 723;
Laws 2018, LB1034, § 32.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2105 - Board, defined.

38-2105.
Board, defined.
Board means the Board of Mental Health Practice.
Source
Laws 1993, LB 669, § 17;
Laws 1999, LB 828, § 148;
R.S.1943, (2003), § 71-1,298;
Laws 2007, LB463, § 724.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2106 - Certified marriage and family therapist, defined.

38-2106.
Certified marriage and family therapist, defined.
Certified marriage and family therapist means a person who is certified to practice marriage and family therapy pursuant to the Uniform Credentialing Act and who holds a current certificate issued by the department.
Source
Laws 1993, LB 669, § 18;
R.S.1943, (2003), § 71-1,299;
Laws 2007, LB463, § 725.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2107 - Certified master social work, defined.

38-2107.
Certified master social work, defined.
Certified master social work means the specialized application of social work values, knowledge, principles, and methods in all areas of social work practice. Certified master social work may include the private, independent, and autonomous practice of social work.
Source
Laws 1986, LB 286, § 6;
R.S.1943, (1990), § 71-1,249;
Laws 1993, LB 669, § 19;
R.S.1943, (2003), § 71-1,300;
Laws 2007, LB463, § 726.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2108 - Certified master social worker, defined.

38-2108.
Certified master social worker, defined.
Certified master social worker means a person who meets the standards established in subsection (1) of section 38-2128 and who holds a current certificate issued by the department.
Source
Laws 1986, LB 286, § 8;
R.S.1943, (1990), § 71-1,251;
Laws 1993, LB 669, § 20;
R.S.1943, (2003), § 71-1,301;
Laws 2007, LB463, § 727.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2109 - Certified professional counselor, defined.

38-2109.
Certified professional counselor, defined.
Certified professional counselor means a person who is certified to practice professional counseling pursuant to the Uniform Credentialing Act and who holds a current certificate issued by the department.
Source
Laws 1993, LB 669, § 21;
R.S.1943, (2003), § 71-1,302;
Laws 2007, LB463, § 728.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2110 - Certified social work, defined.

38-2110.
Certified social work, defined.
Certified social work means the professional application of social work values, knowledge, principles, and methods in all areas of social work practice, except that certified social work shall not include private, independent, and autonomous practice of social work.
Source
Laws 1986, LB 286, § 7;
R.S.1943, (1990), § 71-1,250;
Laws 1993, LB 669, § 22;
R.S.1943, (2003), § 71-1,303;
Laws 2007, LB463, § 729.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2111 - Certified social worker, defined.

38-2111.
Certified social worker, defined.
Certified social worker means a person who meets the standards established in subsection (2) of section 38-2128 and who holds a current certificate issued by the department.
Source
Laws 1986, LB 286, § 9;
R.S.1943, (1990), § 71-1,252;
Laws 1993, LB 669, § 23;
R.S.1943, (2003), § 71-1,304;
Laws 2007, LB463, § 730.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2112 - Consultation, defined.

38-2112.
Consultation, defined.
Consultation means a professional collaborative relationship which is between a licensed mental health practitioner and a consultant who is a psychologist licensed to engage in the practice of psychology in this state as provided in section 38-3111 or as provided in similar provisions of the Psychology Interjurisdictional Compact, a qualified physician, a licensed independent mental health practitioner, or a professional counselor holding a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact and in which (1) the consultant makes a diagnosis based on information supplied by the licensed mental health practitioner and any additional assessment deemed necessary by the consultant and (2) the consultant and the licensed mental health practitioner jointly develop a treatment plan which indicates the responsibility of each professional for implementing elements of the plan, updating the plan, and assessing the client's progress.
Source
Laws 1993, LB 669, § 24;
Laws 1994, LB 1210, § 95;
R.S.1943, (2003), § 71-1,305;
Laws 2007, LB463, § 731;
Laws 2008, LB1108, § 1;
Laws 2018, LB1034, § 33;
Laws 2022, LB752, § 11.
Cross References
Licensed Professional Counselors Interstate Compact, see section 38-4201.
Psychology Interjurisdictional Compact, see section 38-3901.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2113 - Independent mental health practice, defined.

38-2113.
Independent mental health practice, defined.
(1) Independent mental health practice means the provision of treatment, assessment, psychotherapy, counseling, or equivalent activities to individuals, couples, families, or groups for behavioral, cognitive, social, mental, or emotional disorders, including interpersonal or personal situations.
(2) Independent mental health practice includes diagnosing major mental illness or disorder, using psychotherapy with individuals suspected of having major mental or emotional disorders, or using psychotherapy to treat the concomitants of organic illness, with or without consultation with a qualified physician or licensed psychologist.
(3) Independent mental health practice does not include the practice of psychology or medicine, prescribing drugs or electroconvulsive therapy, treating physical disease, injury, or deformity, or measuring personality or intelligence for the purpose of diagnosis or treatment planning.
Source
Laws 2007, LB247, § 39;
R.S.Supp.,2007, § 71-1,305.01.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2114 - Marriage and family therapy, defined.

38-2114.
Marriage and family therapy, defined.
Marriage and family therapy means the assessment and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems through the professional application of psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such disorders.
Source
Laws 1993, LB 669, § 25;
R.S.1943, (2003), § 71-1,306;
Laws 2007, LB463, § 732.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2115 - Mental health practice, defined; limitation on practice.

38-2115.
Mental health practice, defined; limitation on practice.
(1) Mental health practice means the provision of treatment, assessment, psychotherapy, counseling, or equivalent activities to individuals, couples, families, or groups for behavioral, cognitive, social, mental, or emotional disorders, including interpersonal or personal situations.
(2) Mental health practice does not include:
(a) The practice of psychology or medicine;
(b) Prescribing drugs or electroconvulsive therapy;
(c) Treating physical disease, injury, or deformity;
(d) Diagnosing major mental illness or disorder except in consultation with a qualified physician, a psychologist licensed to engage in the practice of psychology in this state as provided in section 38-3111 or as provided in similar provisions of the Psychology Interjurisdictional Compact, a licensed independent mental health practitioner, or a professional counselor holding a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact;
(e) Measuring personality or intelligence for the purpose of diagnosis or treatment planning;
(f) Using psychotherapy with individuals suspected of having major mental or emotional disorders except in consultation with a qualified physician, a licensed psychologist, or a licensed independent mental health practitioner; or
(g) Using psychotherapy to treat the concomitants of organic illness except in consultation with a qualified physician or licensed psychologist.
(3) Mental health practice includes the initial assessment of organic mental or emotional disorders for the purpose of referral or consultation.
(4) Nothing in sections 38-2114, 38-2118, and 38-2119 shall be deemed to constitute authorization to engage in activities beyond those described in this section. Persons who are certified under the Mental Health Practice Act but who do not hold a license under section 38-2122 or a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact shall not engage in mental health practice.
Source
Laws 1993, LB 669, § 26;
Laws 1994, LB 1210, § 96;
R.S.1943, (2003), § 71-1,307;
Laws 2007, LB247, § 40;
Laws 2007, LB463, § 733;
Laws 2008, LB1108, § 2;
Laws 2018, LB1034, § 34;
Laws 2022, LB752, § 12.
Cross References
Licensed Professional Counselors Interstate Compact, see section 38-4201.
Psychology Interjurisdictional Compact, see section 38-3901.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2116 - Mental health practitioner, independent mental health practitioner, defined; use of titles.

38-2116.
Mental health practitioner, independent mental health practitioner, defined; use of titles.
(1)(a) Mental health practitioner means a person who holds himself or herself out as a person qualified to engage in mental health practice or a person who offers or renders mental health practice services.
(b) Independent mental health practitioner means a person who holds himself or herself out as a person qualified to engage in independent mental health practice or a person who offers or renders independent mental health practice services.
(2)(a) A person who is licensed as a mental health practitioner and certified as a master social worker may use the title licensed clinical social worker.
(b) A person who is licensed as a mental health practitioner and certified as a professional counselor may use the title licensed professional counselor.
(c) A person who is licensed as a mental health practitioner and certified as a marriage and family therapist may use the title licensed marriage and family therapist.
(d) No person shall use the title licensed clinical social worker, licensed professional counselor, or licensed marriage and family therapist unless he or she is licensed and certified as provided in this subsection.
(3)(a) A person who is licensed as an independent mental health practitioner and certified as a master social worker may use the title licensed independent clinical social worker.
(b) A person who is licensed as an independent mental health practitioner and certified as a professional counselor or who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact may use the title licensed independent professional counselor.
(c) A person who is licensed as an independent mental health practitioner and certified as a marriage and family therapist may use the title licensed independent marriage and family therapist.
(d) No person shall use the title licensed independent clinical social worker, licensed independent professional counselor, or licensed independent marriage and family therapist unless he or she is licensed and certified or holds a privilege as provided in this subsection.
(4) A mental health practitioner shall not represent himself or herself as a physician or psychologist and shall not represent his or her services as being medical or psychological in nature. An independent mental health practitioner shall not represent himself or herself as a physician or psychologist.
Source
Laws 1993, LB 669, § 27;
R.S.1943, (2003), § 71-1,308;
Laws 2007, LB247, § 41;
Laws 2007, LB463, § 734;
Laws 2008, LB1108, § 3;
Laws 2022, LB752, § 13.
Cross References
Licensed Professional Counselors Interstate Compact, see section 38-4201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2117 - Mental health program, defined.

38-2117.
Mental health program, defined.
Mental health program means an approved educational program in a field such as, but not limited to, social work, professional counseling, marriage and family therapy, human development, psychology, or family relations, the content of which contains an emphasis on therapeutic mental health and course work in psychotherapy and the assessment of mental disorders.
Source
Laws 1993, LB 669, § 28;
R.S.1943, (2003), § 71-1,309;
Laws 2007, LB463, § 735;
Laws 2018, LB1034, § 35.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2118 - Professional counseling, defined.

38-2118.
Professional counseling, defined.
Professional counseling means the assessment and treatment of mental and emotional disorders within the context of professional counseling theory and practice of individuals, couples, families, or groups and includes, but is not limited to:
(1) Assisting individuals or groups through the counseling relationship to develop understanding, define goals, plan action, and change behavior with the goal of reflecting interests, abilities, aptitudes, and needs as they are related to personal and social concerns, educational progress, and occupations;
(2) Appraisal activities which shall mean selecting, administering, scoring, and interpreting instruments designed to assess a person's aptitudes, attitudes, abilities, achievements, interests, and personal characteristics, except that nothing in this subdivision shall be construed to authorize a certified professional counselor to engage in the practice of clinical psychology as defined in section 38-3111;
(3) Referral activities which evaluate data to identify which persons or groups may better be served by other specialists;
(4) Research activities which shall mean reporting, designing, conducting, or consulting on research in counseling with human subjects;
(5) Therapeutic, vocational, or personal rehabilitation in relationship to adapting to physical, emotional, or intellectual disability; and
(6) Consulting on any activity listed in this section.
Source
Laws 1986, LB 579, § 2;
Laws 1988, LB 1100, § 88;
R.S.1943, (1990), § 71-1,266;
Laws 1993, LB 669, § 29;
Laws 1994, LB 1210, § 97;
R.S.1943, (2003), § 71-1,310;
Laws 2007, LB463, § 736.