reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1902 - Definitions, where found.

38-1902.
Definitions, where found.
For purposes of the Medical Radiography Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1903 to 38-1913 apply.
Source
Laws 2007, LB463, § 640;
Laws 2008, LB928, § 6;
Laws 2010, LB849, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1904 - Interpretative fluoroscopic procedures, defined.

38-1904.
Interpretative fluoroscopic procedures, defined.
Interpretative fluoroscopic procedures means the use of radiation in continuous mode to provide information, data, and film or hardcopy images for diagnostic review and interpretation by a licensed practitioner as the images are being produced.
Source
Laws 2007, LB463, § 642.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1905 - Licensed practitioner, defined.

38-1905.
Licensed practitioner, defined.
Licensed practitioner means a person licensed to practice medicine, dentistry, podiatry, chiropractic, osteopathic medicine and surgery, or as an osteopathic physician.
Source
Laws 2007, LB463, § 643.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1905.01 - Limited computed tomography radiographer, defined.

38-1905.01.
Limited computed tomography radiographer, defined.
Limited computed tomography radiographer means a person licensed pursuant to section 38-1917.01 to practice medical radiography restricted to computed tomography.
Source
Laws 2008, LB928, § 8.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1906 - Limited radiographer, defined.

38-1906.
Limited radiographer, defined.
Limited radiographer means a person licensed to practice medical radiography pursuant to section 38-1916. Limited radiographer does not include a person certified under section 38-3012.
Source
Laws 2007, LB463, § 644.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1907 - Medical radiographer, defined.

38-1907.
Medical radiographer, defined.
Medical radiographer means a person licensed pursuant to subsection (1) of section 38-1915 to practice medical radiography.
Source
Laws 2007, LB463, § 645;
Laws 2008, LB928, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1908 - Medical radiography, defined.

38-1908.
Medical radiography, defined.
Medical radiography means the application of radiation to humans for diagnostic purposes, including, but not limited to, utilizing proper:
(1) Radiation protection for the patient, the radiographer, and others;
(2) Radiation-generating equipment operation and quality control;
(3) Image production and evaluation;
(4) Radiographic procedures;
(5) Processing of films;
(6) Positioning of patients;
(7) Performance methods to achieve optimum radiographic technique with a minimum of radiation exposure; and
(8) Patient care and management as it relates to the practice of medical radiography.
Source
Laws 2007, LB463, § 646;
Laws 2010, LB849, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1908.01 - Nuclear medicine technologist, defined.

38-1908.01.
Nuclear medicine technologist, defined.
Nuclear medicine technologist means a person who meets the requirements for training and experience for nuclear medicine technology under the Radiation Control Act and the rules and regulations adopted and promulgated under the act.
Source
Laws 2008, LB928, § 9.
Cross References
Radiation Control Act, see section 71-3519.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1908.02 - Patient care and management; defined.

38-1908.02.
Patient care and management; defined.
Patient care and management, as it relates to the practice of medical radiography, includes, but is not limited to:
(1) Infection control;
(2) Patient transfer and movement;
(3) Assisting patients with medical equipment;
(4) Routine monitoring;
(5) Medical emergencies;
(6) Proper use of contrast media; and
(7) Patient safety and protection, including minimizing and monitoring patient radiation exposure through utilizing proper professional standards and protocols, including the principle of as low as reasonably achievable.
Source
Laws 2010, LB849, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1909 - Radiation, defined.

38-1909.
Radiation, defined.
Radiation means ionizing radiation and nonionizing radiation as follows:
(1) Ionizing radiation means gamma rays, X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or nuclear particles or rays but does not include sound or radio waves or visible, infrared, or ultraviolet light; and
(2) Nonionizing radiation means (a) any electromagnetic radiation which can be generated during the operation of electronic products as defined in section 71-3503 to such energy density levels as to present a biological hazard to occupational and public health and safety and the environment, other than ionizing electromagnetic radiation, and (b) any sonic, ultrasonic, or infrasonic waves which are emitted from an electronic product as defined in section 71-3503 as a result of the operation of an electronic circuit in such product and to such energy density levels as to present a biological hazard to occupational and public health and safety and the environment.
Source
Laws 2007, LB463, § 647.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1910 - Radiation-generating equipment, defined.

38-1910.
Radiation-generating equipment, defined.
Radiation-generating equipment means any manufactured product or device, component part of such a product or device, or machine or system which during operation can generate or emit radiation except devices which emit radiation only from radioactive material.
Source
Laws 2007, LB463, § 648.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1912 - Undesirable radiation, defined.

38-1912.
Undesirable radiation, defined.
Undesirable radiation means radiation in such quantity and under such circumstances as determined from time to time by rules and regulations adopted and promulgated by the department.
Source
Laws 2007, LB463, § 650.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1913 - X-ray system, defined.

38-1913.
X-ray system, defined.
X-ray system means an assemblage of components for the controlled production of X-rays, including, but not limited to, an X-ray high-voltage generator, an X-ray control, a tube housing assembly, a beam-limiting device, and the necessary supporting structures. Additional components which function with the system are considered integral parts of the system.
Source
Laws 2007, LB463, § 651.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1914 - Board; members; qualifications; terms; meetings.

38-1914.
Board; members; qualifications; terms; meetings.
The board shall consist of four medical radiographers and one limited radiographer. Of the first four medical radiographers appointed, one shall be appointed for a term of one year, one shall be appointed for a term of two years, one shall be appointed for a term of three years, and one shall be appointed for a term of four years. The first limited radiographer shall be appointed for a term of five years. Thereafter each appointment shall be for a term of five years. The board shall meet at least two times per calendar year.
Source
Laws 2005, LB 453, § 2;
R.S.Supp.,2006, § 71-3512;
Laws 2007, LB463, § 652.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1915 - Medical radiographer; requirements.

38-1915.
Medical radiographer; requirements.
(1) A person licensed by the department, with the recommendation of the board, as a medical radiographer may practice medical radiography on any part of the human anatomy for interpretation by and under the direction of a licensed practitioner, including computed tomography but excluding interpretative fluoroscopic procedures, and may use fluoroscopy in conjunction with a certified registered nurse anesthetist as authorized in section 38-711.
(2) An applicant for a license as a medical radiographer shall:
(a) Complete an educational program in radiography approved by the board pursuant to subsection (1) of section 38-1918;
(b) Complete an application in accordance with the Uniform Credentialing Act; and
(c) Successfully complete an examination approved by the board.
(3) Presentation of proof of registration in radiography with the American Registry of Radiologic Technologists is proof of meeting the requirements of subdivisions (2)(a) and (c) of this section.
Source
Laws 1987, LB 390, § 23;
Laws 1995, LB 406, § 46;
Laws 1997, LB 752, § 181;
Laws 2002, LB 1021, § 75;
Laws 2006, LB 994, § 104;
R.S.Supp.,2006, § 71-3515.01;
Laws 2007, LB463, § 653;
Laws 2008, LB928, § 10.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1916 - Limited radiographer; requirements; specific anatomical region.

38-1916.
Limited radiographer; requirements; specific anatomical region.
(1) A person licensed by the department, with the recommendation of the board, as a limited radiographer may practice medical radiography on limited regions of the human anatomy, using only routine radiographic procedures, for the interpretation by and under the direction of a licensed practitioner, excluding computed tomography, the use of contrast media, and the use of fluoroscopic or mammographic equipment. An applicant for a license as a limited radiographer shall successfully complete an examination approved by the board, as described in subdivision (2)(a) of section 38-1918 and at least one of the anatomical regions listed in subdivision (2)(b) of such section or successfully complete an examination approved by the department, as described in subsection (3) of section 38-1918.
(2) Each license issued shall be specific to the anatomical region or regions for which the applicant has passed an approved examination, except that an applicant may be licensed in the anatomical region of Abdomen upon successful passage of the examinations described in subdivisions (2)(a) and (2)(b)(iv) of section 38-1918 and upon a finding by the department, with the recommendation of the board, that continued provision of service for a community would be in jeopardy.
Source
Laws 2007, LB463, § 654.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1917 - Student; provisions not applicable; temporary medical radiographer license; term; applicability of section.

38-1917.
Student; provisions not applicable; temporary medical radiographer license; term; applicability of section.
(1) The requirements of sections 38-1915 and 38-1916 do not apply to a student while enrolled and participating in an educational program in medical radiography who, as a part of an educational program, applies X-rays to humans while under the supervision of the licensed practitioners or medical radiographers associated with the educational program. Students who have completed at least twelve months of the training course described in subsection (1) of section 38-1918 may apply for licensure as a temporary medical radiographer. Temporary medical radiographer licenses issued under this section shall expire eighteen months after issuance and shall not be renewed. Persons licensed under this section as temporary medical radiographers shall be permitted to perform the duties of a limited radiographer licensed in all anatomical regions of subdivision (2)(b) of section 38-1918 and Abdomen.
(2) This section shall not apply to a temporary credential issued as provided under section 38-129.01.
Source
Laws 2007, LB463, § 655;
Laws 2017, LB88, § 60.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1917.01 - Limited computed tomography radiographer; requirements; nuclear medicine technologist; activities authorized.

38-1917.01.
Limited computed tomography radiographer; requirements; nuclear medicine technologist; activities authorized.
(1) A person licensed by the department, with the recommendation of the board, as a limited computed tomography radiographer may practice medical radiography restricted to computed tomography. An applicant for a license as a limited computed tomography radiographer shall:
(a) Complete an application in accordance with the Uniform Credentialing Act;
(b) Be certified by (i) the Nuclear Medicine Technology Certification Board or (ii) the American Registry of Radiologic Technologists in nuclear medicine technology; and
(c) Be certified by the American Registry of Radiologic Technologists in computed tomography.
(2) A nuclear medicine technologist may perform computed tomography without being licensed under the Medical Radiography Practice Act if such practice is limited to X-rays produced by a combination nuclear medicine-computed tomography system and administered as an integral part of a nuclear medicine procedure that uses a computed tomography protocol for purposes of attenuation correction and anatomical localization only and if the nuclear medicine technologist has received documented device-specific training on the combination nuclear medicine-computed tomography system.
Source
Laws 2008, LB928, § 11.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1917.02 - Student; provisions not applicable; temporary limited computed tomography radiographer license; term; applicability of section.

38-1917.02.
Student; provisions not applicable; temporary limited computed tomography radiographer license; term; applicability of section.
(1) The requirements of section 38-1917.01 do not apply to a student while enrolled and participating in an educational program in nuclear medicine technology who, as part of the educational program, applies X-rays to humans using a computed tomography system while under the supervision of the licensed practitioners, medical radiographers, or limited computed tomography radiographers associated with the educational program. A person registered by the Nuclear Medicine Technology Certification Board or the American Registry of Radiologic Technologists in nuclear medicine technology may apply for a license as a temporary limited computed tomography radiographer. Temporary limited computed tomography radiographer licenses issued under this section shall expire twenty-four months after issuance and shall not be renewed. Persons licensed under this section as temporary limited computed tomography radiographers shall be permitted to perform medical radiography restricted to computed tomography while under the direct supervision and in the physical presence of licensed practitioners, medical radiographers, or limited computed tomography radiographers.
(2) This section shall not apply to a temporary credential issued as provided under section 38-129.01.
Source
Laws 2008, LB928, § 12;
Laws 2017, LB88, § 61.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1920 - Dental hygienists and dental assistants; exemptions from act.

38-1920.
Dental hygienists and dental assistants; exemptions from act.
(1) Persons authorized under the Dentistry Practice Act to practice as dental hygienists and dental assistants who meet the requirements of section 38-1135 shall not be required to be licensed under the Medical Radiography Practice Act.
(2) The department may exempt certain users of sources of radiation from licensing requirements established under the Medical Radiography Practice Act when the board finds that the exemption will not constitute a significant risk to occupational and public health and safety and the environment.
(3) Individuals who are currently licensed in the State of Nebraska as podiatrists, chiropractors, dentists, physicians and surgeons, osteopathic physicians, physician assistants, and veterinarians shall be exempt from the rules and regulations of the department pertaining to the qualifications of persons for the use of X-ray radiation-generating equipment operated for diagnostic purposes.
Source
Laws 2007, LB463, § 658.
Cross References
Dentistry Practice Act, see section 38-1101.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2001 - Act, how cited.

38-2001.
Act, how cited.
Sections 38-2001 to 38-2064 shall be known and may be cited as the Medicine and Surgery Practice Act.
Source
Laws 2007, LB463, § 659;
Laws 2009, LB394, § 1;
Laws 2011, LB406, § 1;
Laws 2018, LB701, § 5;
Laws 2019, LB29, § 3;
Laws 2020, LB755, § 3;
Laws 2022, LB905, § 8.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2002 - Definitions, where found.

38-2002.
Definitions, where found.
For the purposes of the Medicine and Surgery Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2003 to 38-2022 apply.
Source
Laws 1969, c. 560, § 7, p. 2283;
Laws 1971, LB 150, § 4;
Laws 1989, LB 342, § 17;
Laws 1996, LB 1044, § 425;
Laws 1999, LB 828, § 83;
R.S.1943, (2003), § 71-1,107.01;
Laws 2007, LB463, § 660;
Laws 2020, LB755, § 4;
Laws 2022, LB905, § 9.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2004 - Accredited school or college of medicine, defined.

38-2004.
Accredited school or college of medicine, defined.
An accredited school or college of medicine means one approved by the board, and such school or college shall meet and maintain generally minimum standards approved by the board. Such minimum standards shall apply equally to all accredited schools, and any school to be accredited shall permit inspections by the department.
A school or college of osteopathic medicine and surgery fulfilling all such requirements shall not be refused standing as an accredited medical school because it may also specialize in giving instruction according to any special system of healing.
Source
Laws 1927, c. 167, § 103, p. 483;
C.S.1929, § 71-1404;
Laws 1943, c. 150, § 21, p. 549;
R.S.1943, § 71-1,105;
Laws 1969, c. 563, § 8, p. 2295;
Laws 1989, LB 342, § 16;
Laws 1996, LB 1044, § 422;
Laws 1999, LB 828, § 81;
R.S.1943, (2003), § 71-1,105;
Laws 2007, LB463, § 662.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2005 - Accredited school or college of osteopathic medicine, defined.

38-2005.
Accredited school or college of osteopathic medicine, defined.
An accredited school or college of osteopathic medicine means one approved by the board. An accredited school or college of osteopathic medicine shall meet and maintain general minimum standards approved by the board. The minimum standards shall apply equally to all such accredited schools and colleges. Any school or college seeking accreditation shall permit inspections by the department.
Nothing in this section shall be construed to prohibit the department, with the recommendation of the board, from accepting accreditation of a school or college of osteopathic medicine by the American Osteopathic Association as evidence of meeting the specified requirements of this section or the equivalent thereof.
Source
Laws 1927, c. 167, § 118, p. 489;
C.S.1929, § 71-1704;
R.S.1943, § 71-1,140;
Laws 1969, c. 565, § 4, p. 2301;
Laws 1981, LB 451, § 12;
Laws 1989, LB 342, § 25;
Laws 1996, LB 1044, § 445;
Laws 1999, LB 828, § 106;
R.S.1943, (2003), § 71-1,140;
Laws 2007, LB463, § 663.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2006 - Acupuncture, defined.

38-2006.
Acupuncture, defined.
Acupuncture means the insertion, manipulation, and removal of acupuncture needles and the application of manual, mechanical, thermal, electrical, and electromagnetic treatment to such needles at specific points or meridians on the human body in an effort to promote, maintain, and restore health and for the treatment of disease, based on acupuncture theory. Acupuncture may include the recommendation of therapeutic exercises, dietary guidelines, and nutritional support to promote the effectiveness of the acupuncture treatment. Acupuncture does not include manipulation or mobilization of or adjustment to the spine, extraspinal manipulation, or the practice of medical nutrition therapy.
Source
Laws 2001, LB 270, § 8;
Laws 2003, LB 242, § 80;
R.S.1943, (2003), § 71-1,344;
Laws 2007, LB463, § 664.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2008 - Approved program, defined.

38-2008.
Approved program, defined.
Approved program means a program for the education of physician assistants which is accredited by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor agency and which the board formally approves.
Source
Laws 2007, LB463, § 666;
Laws 2009, LB195, § 37;
Laws 2020, LB755, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2012 - Fellowship, defined.

38-2012.
Fellowship, defined.
Fellowship means a program of supervised educational training, approved by the board, in a medical specialty or subspecialty at an accredited hospital, an accredited school or college of medicine, or an accredited school or college of osteopathic medicine, that follows the completion of undergraduate medical education.
Source
Laws 2007, LB463, § 670.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2013 - Graduate medical education or residency, defined.

38-2013.
Graduate medical education or residency, defined.
Graduate medical education or residency means a program of supervised educational training, approved by the board, in a medical specialty at an accredited hospital, an accredited school or college of medicine, or an accredited school or college of osteopathic medicine, that follows the completion of undergraduate medical education.
Source
Laws 2007, LB463, § 671.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2013.01 - Licensed health care professional, defined.

38-2013.01.
Licensed health care professional, defined.
Licensed health care professional means a physician, an osteopathic physician, or a physician assistant licensed pursuant to the Uniform Credentialing Act.
Source
Laws 2022, LB905, § 10.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2013.02 - Perinatal mental health disorder, defined.

38-2013.02.
Perinatal mental health disorder, defined.
Perinatal mental health disorder means a mental health condition that occurs during pregnancy or during the postpartum period, including depression, anxiety, or postpartum psychosis.
Source
Laws 2022, LB905, § 11.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2014 - Physician assistant, defined.

38-2014.
Physician assistant, defined.
Physician assistant means any person who graduates from an approved program, who has passed a proficiency examination, and who the department, with the recommendation of the board, approves to perform medical services under a collaborative agreement with the supervision of a physician or under a collaborative agreement with the supervision of a podiatrist as provided by section 38-3013.
Source
Laws 1973, LB 101, § 2;
R.S.Supp.,1973, § 85-179.05;
Laws 1985, LB 132, § 2;
Laws 1993, LB 316, § 1;
Laws 1996, LB 1044, § 436;
Laws 1996, LB 1108, § 8;
Laws 1999, LB 828, § 92;
Laws 2001, LB 209, § 8;
R.S.1943, (2003), § 71-1,107.16;
Laws 2007, LB296, § 338;
Laws 2007, LB463, § 672;
Laws 2009, LB195, § 38;
Laws 2020, LB755, § 6.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2014.02 - Postnatal care, defined.

38-2014.02.
Postnatal care, defined.
Postnatal care means an office visit to a licensed health care professional occurring after birth, with reference to the infant or mother.
Source
Laws 2022, LB905, § 12.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2015 - Proficiency examination, defined.

38-2015.
Proficiency examination, defined.
Proficiency examination means the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants.
Source
Laws 2007, LB463, § 673;
Laws 2009, LB195, § 39.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2015.01 - Questionnaire, defined.

38-2015.01.
Questionnaire, defined.
Questionnaire means a screening tool administered by a licensed health care professional to detect perinatal mental health disorders, such as the Edinburgh Postnatal Depression Scale, the Postpartum Depression Screening Scale, the Beck Depression Inventory, the Patient Health Questionnaire, or other validated screening methods.
Source
Laws 2022, LB905, § 14.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2016 - Refresher course, defined.

38-2016.
Refresher course, defined.
Refresher course means a planned program of supervised educational training, approved by the board, that provides a review of medical knowledge and skills for the purpose of the enhancement of clinical competency.
Source
Laws 2007, LB463, § 674.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2017 - Supervising physician, defined.

38-2017.
Supervising physician, defined.
Supervising physician means a licensed physician who supervises a physician assistant under a collaborative agreement.
Source
Laws 2007, LB463, § 675;
Laws 2009, LB195, § 40;
Laws 2020, LB755, § 8.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2018 - Supervision, defined.

38-2018.
Supervision, defined.
Supervision means the ready availability of the supervising physician for consultation and collaboration on the activities of the physician assistant.
Source
Laws 2007, LB463, § 676;
Laws 2009, LB195, § 41;
Laws 2020, LB755, § 9.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2019 - Temporary educational permit, defined.

38-2019.
Temporary educational permit, defined.
Temporary educational permit means a permit to practice medicine and surgery, osteopathic medicine and surgery, or any of their allied specialties in graduate medical education, a fellowship, or a refresher course.
Source
Laws 2007, LB463, § 677.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2021 - Unprofessional conduct, defined.

38-2021.
Unprofessional conduct, defined.
Unprofessional conduct means any departure from or failure to conform to the standards of acceptable and prevailing practice of medicine and surgery or the ethics of the profession, regardless of whether a person, patient, or entity is injured, or conduct that is likely to deceive or defraud the public or is detrimental to the public interest, including, but not limited to:
(1) Performance by a physician of an abortion as defined in subdivision (1) of section 28-326 under circumstances when he or she will not be available for a period of at least forty-eight hours for postoperative care unless such postoperative care is delegated to and accepted by another physician;
(2) Performing an abortion upon a minor without having satisfied the requirements of sections 71-6901 to 71-6911;
(3) The intentional and knowing performance of a partial-birth abortion as defined in subdivision (8) of section 28-326, unless such procedure is necessary to save the life of the mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself;
(4) Performance by a physician of an abortion in violation of the Pain-Capable Unborn Child Protection Act; and
(5) Violation of the Preborn Child Protection Act.
Source
Laws 2007, LB463, § 679;
Laws 2010, LB594, § 16;
Laws 2010, LB1103, § 12;
Laws 2011, LB690, § 1;
Laws 2020, LB814, § 10;
Laws 2023, LB574, § 12.
Operative Date: May 23, 2023
Cross References
Pain-Capable Unborn Child Protection Act, see section 28-3,102.
Preborn Child Protection Act, see section 71-6912.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2022 - Visiting faculty permit, defined.

38-2022.
Visiting faculty permit, defined.
Visiting faculty permit means a permit for a physician qualified by virtue of previous medical training and experience to teach students of medicine, to conduct research, or both.
Source
Laws 2007, LB463, § 680.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2023 - Board; membership; qualifications.

38-2023.
Board; membership; qualifications.
The board shall consist of eight members, including at least two public members. Two of the six professional members of the board shall be officials or members of the instructional staff of an accredited medical school in this state. One of the six professional members of the board shall be a person who has a license to practice osteopathic medicine and surgery in this state. Beginning December 1, 2020, one of the six professional members of the board shall be a physician with experience in practice with physician assistants.
Source
Laws 2007, LB463, § 681;
Laws 2020, LB755, § 10.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2026.01 - Reentry license; issuance; qualifications; department; powers; supervision; conversion of license; period valid; renewal.

38-2026.01.
Reentry license; issuance; qualifications; department; powers; supervision; conversion of license; period valid; renewal.
(1) The department, with the recommendation of the board, may issue a reentry license to a physician who has not actively practiced medicine for the two-year period immediately preceding the filing of an application for a reentry license or who has not otherwise maintained continued competency during such period as determined by the board.
(2) To qualify for a reentry license, the physician shall meet the same requirements for licensure as a regular licensee and submit to evaluations, assessments, and an educational program as required by the board.
(3) If the board conducts an assessment and determines that the applicant requires a period of supervised practice, the department, with the recommendation of the board, may issue a reentry license allowing the applicant to practice medicine under supervision as specified by the board. After satisfactory completion of the period of supervised practice as determined by the board, the reentry licensee may apply to the department to convert the reentry license to a license issued under section 38-2026.
(4) After an assessment and the completion of any educational program that has been prescribed, if the board determines that the applicant is competent and qualified to practice medicine without supervision, the department, with the recommendation of the board, may convert the reentry license to a license issued under section 38-2026.
(5) A reentry license shall be valid for one year and may be renewed for up to two additional years if approved by the department, with the recommendation of the board.
(6) The issuance of a reentry license shall not constitute a disciplinary action.
Source
Laws 2011, LB406, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2027 - Department; waiver of requirements; authorized; conditions; disciplinary action authorized.

38-2027.
Department; waiver of requirements; authorized; conditions; disciplinary action authorized.
(1) The department, with the recommendation of the board, may waive any requirement for more than one year of approved graduate medical education, as set forth in subdivision (2) of section 38-2026, if the applicant has served at least one year of graduate medical education approved by the board and if the following conditions are met:
(a) The applicant meets all other qualifications for a license to practice medicine and surgery;
(b) The applicant submits satisfactory proof that the issuance of a license based on the waiver of the requirement of more than one year of approved graduate medical education will not jeopardize the health, safety, and welfare of the citizens of this state; and
(c) The applicant submits proof that he or she will enter into the practice of medicine in a health profession shortage area designated as such by the Nebraska Rural Health Advisory Commission immediately upon obtaining a license to practice medicine and surgery based upon a waiver of the requirement for more than one year of graduate medical education.
(2) A license issued on the basis of such a waiver shall be subject to the limitation that the licensee continue in practice in the health profession shortage area and such other limitations, if any, deemed appropriate under the circumstances by the director, with the recommendation of the board, which may include, but shall not be limited to, supervision by a medical practitioner, training, education, and scope of practice. After two years of practice under a limited license issued on the basis of a waiver of the requirement of more than one year of graduate medical education, a licensee may apply to the department for removal of the limitations. The director, with the recommendation of the board, may grant or deny such application or may continue the license with limitations.
(3) In addition to any other grounds for disciplinary action against the license contained in the Uniform Credentialing Act, the department may take disciplinary action against a license granted on the basis of a waiver of the requirement of more than one year of graduate medical education for violation of the limitations on the license.
Source
Laws 2007, LB463, § 685.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2028 - Reciprocity; requirements; military spouse; temporary license.

38-2028.
Reciprocity; requirements; military spouse; temporary license.
(1) An applicant for a license to practice medicine and surgery based on a license in another state or territory of the United States or the District of Columbia shall comply with the requirements of the Interstate Medical Licensure Compact beginning on the effective date of the compact or meet the standards set by the board pursuant to section 38-126, except that an applicant who has not passed one of the licensing examinations specified in the rules and regulations but has been duly licensed to practice medicine and surgery in some other state or territory of the United States of America or in the District of Columbia and obtained that license based upon a state examination, as approved by the board, may be issued a license by the department, with the recommendation of the board, to practice medicine and surgery.
(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 2007, LB463, § 686;
Laws 2017, LB88, § 62.
Cross References
Interstate Medical Licensure Compact, see section 38-3601.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2029 - Practice as osteopathic physicians, defined.

38-2029.
Practice as osteopathic physicians, defined.
(1) For purposes of the Uniform Credentialing Act, the following classes of persons shall be deemed to be engaged in practice as osteopathic physicians:
(a) Persons publicly professing to be osteopathic physicians or publicly professing to assume the duties incident to the practice of osteopathic physicians; and
(b) Persons who are graduates of a school or college of osteopathic medicine and who treat human ailments by that system of the healing art which was advocated and taught by the school or college of osteopathic medicine from which such person graduated at the time of his or her graduation as determined by the department, with the recommendation of the board.
(2) No license issued to osteopathic physicians under the Medicine and Surgery Practice Act shall authorize the person so licensed to perform surgical procedures except those usually performed by general practitioners, as determined by the department, with the recommendation of the board.
(3) Nothing in this section shall be construed to prohibit an osteopathic physician licensed in accordance with the act from serving as an assistant in surgery more complex than that usually performed by general practitioners, as determined by the department, with the recommendation of the board, when such surgery is performed by an osteopathic physician licensed pursuant to section 38-2032 or by an osteopathic physician or doctor of medicine licensed pursuant to section 38-2026. In no event shall this section or section 38-2032 be construed as authorizing any physician to engage in any procedure which he or she is not qualified by training to perform according to the standards prevailing in the State of Nebraska at the time.
(4) Persons who are licensed to practice as osteopathic physicians who have demonstrated to the department, with the recommendation of the board, that they have acquired adequate training and knowledge for such purpose and have been so authorized by the department, with the recommendation of the board, may prescribe and administer drugs and medicines.
Source
Laws 1927, c. 167, § 115, p. 488;
C.S.1929, § 71-1701;
R.S.1943, § 71-1,137;
Laws 1969, c. 565, § 1, p. 2299;
Laws 1972, LB 1498, § 2;
Laws 1981, LB 451, § 9;
Laws 1989, LB 342, § 21;
Laws 1996, LB 1044, § 442;
Laws 1999, LB 828, § 103;
R.S.1943, (2003), § 71-1,137;
Laws 2007, LB463, § 687.
Annotations
Osteopath may operate hospital. Morgan v. State, 155 Neb. 247, 51 N.W.2d 382 (1952).
The practice of osteopathy consists of a system of manipulation of the limbs and body of the patient with the hands by kneading, rubbing or pressing upon the parts of the body. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941).
The practice of osteopathy is regulated by statute and requires a license. Harvey v. State, 96 Neb. 786, 148 N.W. 924 (1914).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2030 - Practice as osteopathic physicians; persons excepted.

38-2030.
Practice as osteopathic physicians; persons excepted.
For purposes of the Uniform Credentialing Act, the following classes of persons shall not be construed as engaged in practice as osteopathic physicians:
(1) Licensed physicians and surgeons, podiatrists, nurses, and dentists who are exclusively engaged in the practice of their respective professions;
(2) Physicians and surgeons who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment; and
(3) Osteopathic physicians licensed in another state when incidentally called into this state in consultation with a licensed physician or an osteopathic physician licensed in this state.
Source
Laws 1927, c. 167, § 116, p. 488;
C.S.1929, § 71-1702;
R.S.1943, § 71-1,138;
Laws 1961, c. 337, § 13, p. 1057;
Laws 1969, c. 565, § 2, p. 2300;
Laws 1989, LB 342, § 22;
R.S.1943, (2003), § 71-1,138;
Laws 2007, LB463, § 688.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2031 - Osteopathic physician; license; requirements.

38-2031.
Osteopathic physician; license; requirements.
Every applicant for a license to practice as an osteopathic physician shall (1) present proof of having completed a four-year course in an accredited high school or its equivalent, (2) present proof of having graduated from an accredited school or college of osteopathic medicine, and (3) pass an examination, as approved by the board, in the science of osteopathy and the practice of the same.
Source
Laws 1927, c. 167, § 117, p. 489;
C.S.1929, § 71-1703;
R.S.1943, § 71-1,139;
Laws 1981, LB 451, § 10;
Laws 1989, LB 342, § 23;
Laws 1996, LB 1044, § 443;
Laws 1997, LB 752, § 159;
Laws 1999, LB 828, § 104;
R.S.1943, (2003), § 71-1,139;
Laws 2007, LB463, § 689.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2032 - Osteopathic physician; license; additional requirements.

38-2032.
Osteopathic physician; license; additional requirements.
(1) If a person (a) has graduated from an accredited school or college of osteopathic medicine since January 1, 1963, (b) meets all statutory requirements for licensure as an osteopathic physician, (c) has served one year of internship or its equivalent at an institution approved for such training by the board, (d) after his or her internship, has taken and passed the examination provided in section 38-2026, and (e) presents proof satisfactory to the department, with the recommendation of the board, that he or she, within the three years immediately preceding the application for licensure, (i) has been in the active practice of the profession of osteopathic medicine and surgery in some other state, a territory, the District of Columbia, or Canada for a period of one year, (ii) has had one year of graduate medical education as described in subdivision (1)(c) of this section, (iii) has completed continuing education in medicine and surgery or osteopathic medicine and surgery approved by the board, (iv) has completed a refresher course in medicine and surgery or osteopathic medicine and surgery approved by the board, or (v) has completed the special purposes examination approved by the board, such person, upon making application therefor, shall receive a license as a Doctor of Osteopathic Medicine and Surgery which shall qualify such person to practice osteopathic medicine and surgery.
(2) With respect to persons who have graduated from an accredited school or college of osteopathic medicine prior to January 1, 1963, the department, with the recommendation of the board, may issue a license to practice osteopathic medicine and surgery to any such graduate who meets all the requirements for issuance of such license except graduation from an accredited school or college of osteopathic medicine after January 1, 1963.
Source
Laws 1963, c. 408, § 1, p. 1310;
Laws 1969, c. 565, § 3, p. 2301;
Laws 1981, LB 451, § 11;
Laws 1989, LB 342, § 24;
Laws 1996, LB 1044, § 444;
Laws 1999, LB 828, § 105;
Laws 2002, LB 1062, § 33;
R.S.1943, (2003), § 71-1,139.01;
Laws 2007, LB463, § 690.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2033 - Osteopathic physician; license; scope.

38-2033.
Osteopathic physician; license; scope.
(1) With respect to licenses issued pursuant to sections 38-2031 and 38-2032 and any renewals thereof, the department shall designate the extent of such practice as follows:
(a) License to practice as an osteopathic physician; or
(b) License to practice osteopathic medicine and surgery.
(2) Every license issued under sections 38-2031 and 38-2032 shall confer upon the holder thereof the right to practice osteopathic medicine and surgery as taught in the schools or colleges of osteopathic medicine recognized by the American Osteopathic Association in the manner and to the extent provided by such license.
Source
Laws 1927, c. 167, § 119, p. 490;
C.S.1929, § 71-1705;
R.S.1943, § 71-1,141;
Laws 1969, c. 565, § 5, p. 2302;
Laws 1989, LB 342, § 26;
Laws 1996, LB 1044, § 446;
R.S.1943, (2003), § 71-1,141;
Laws 2007, LB296, § 343;
Laws 2007, LB463, § 691.
Annotations
The practice of obstetrics and the use of anaesthetics, though not within the definition of osteopathy, has by legislative action been included within the scope of the license to practice osteopathy. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2034 - Applicant; reciprocity; requirements; military spouse; temporary license.

38-2034.
Applicant; reciprocity; requirements; military spouse; temporary license.
(1) An applicant for a license to practice osteopathic medicine and surgery based on a license in another state or territory of the United States or the District of Columbia shall comply with the requirements of the Interstate Medical Licensure Compact beginning on the effective date of the compact or meet the standards set by the board pursuant to section 38-126, except that an applicant who has not passed one of the licensing examinations specified in the rules and regulations but has been duly licensed to practice osteopathic medicine and surgery in some other state or territory of the United States of America or in the District of Columbia and obtained that license based upon a state examination, as approved by the board, may be issued a license by the department, upon the recommendation of the board, to practice osteopathic medicine and surgery.
(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 2007, LB463, § 692;
Laws 2017, LB88, § 63.
Cross References
Interstate Medical Licensure Compact, see section 38-3601.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2035 - Applicant; examination; retaking examination.

38-2035.
Applicant; examination; retaking examination.
Applicants for licensure in medicine and surgery and osteopathic medicine and surgery shall pass the licensing examination. An applicant who fails to pass any part of the licensing examination within four attempts shall complete one additional year of postgraduate medical education at an accredited school or college of medicine or osteopathic medicine. All parts of the licensing examination shall be successfully completed within ten years. An applicant who fails to successfully complete the licensing examination within the time allowed shall retake that part of the examination which was not completed within the time allowed.
Source
Laws 2007, LB463, § 693.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2036 - Physician locum tenens; issuance authorized; conditions; term.

38-2036.
Physician locum tenens; issuance authorized; conditions; term.
A physician locum tenens may be issued by the department, with the recommendation of the board, to an individual who holds an active license to practice medicine and surgery or osteopathic medicine and surgery in another state when circumstances indicate a need for the issuance of a physician locum tenens in the State of Nebraska. A physician locum tenens may be issued for a period not to exceed ninety days in any twelve-month period.
Source
Laws 2007, LB463, § 694.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2037 - Additional grounds for disciplinary action.

38-2037.
Additional grounds for disciplinary action.
In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a license to practice medicine and surgery or osteopathic medicine and surgery or a license to practice as a physician assistant may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee fails to comply with the provisions of section 71-603.01, 71-604, 71-605, or 71-606 relating to the signing of birth and death certificates.
Source
Laws 2007, LB463, § 695;
Laws 2009, LB195, § 42.