reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2887 - Delegated dispensing permit; worker; proficiency demonstration; supervision; liability.

38-2887.
Delegated dispensing permit; worker; proficiency demonstration; supervision; liability.
(1) A public health clinic worker or dialysis drug or device distributor worker shall demonstrate proficiency to the delegating pharmacist, according to the standards approved by the board. The delegating pharmacist shall document proficiency for each worker. In addition, a public health clinic worker shall be supervised by a licensed health care professional specified in subdivision (1) of section 38-2884 for the first month that such worker is dispensing refills of contraceptives.
(2) Following initial training and proficiency demonstration, the public health clinic worker or dialysis drug or device distributor worker shall demonstrate continued proficiency at least annually. A dialysis drug or device distributor worker shall attend annual training programs taught by a pharmacist. Documentation of such training shall be maintained in the worker's employee file.
(3) The public health clinic or dialysis drug or device distributor for which a public health clinic worker or dialysis drug or device distributor worker is working shall be liable for acts or omissions on the part of such worker.
Source
Laws 1994, LB 900, § 26;
Laws 1996, LB 1108, § 19;
Laws 1998, LB 1073, § 79;
Laws 2001, LB 398, § 61;
R.S.1943, (2003), § 71-1,147.56;
Laws 2007, LB463, § 983;
Laws 2015, LB37, § 50.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2888 - Delegated dispensing permit; licensed health care professionals; training required.

38-2888.
Delegated dispensing permit; licensed health care professionals; training required.
A delegating pharmacist shall conduct the training of all licensed health care professionals specified in subdivision (1) of section 38-2884 and who are dispensing pursuant to the delegated dispensing permit of a public health clinic. The training shall be approved in advance by the board.
Source
Laws 1994, LB 900, § 27;
Laws 1996, LB 1108, § 20;
Laws 1998, LB 1073, § 80;
Laws 2000, LB 1115, § 20;
Laws 2001, LB 398, § 62;
R.S.1943, (2003), § 71-1,147.57;
Laws 2007, LB463, § 984;
Laws 2009, LB154, § 6.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2889 - Delegated dispensing permit; advisory committees; authorized.

38-2889.
Delegated dispensing permit; advisory committees; authorized.
The board may appoint formulary advisory committees as deemed necessary for the determination of formularies for delegated dispensing permittees.
Source
Laws 1994, LB 900, § 29;
Laws 1996, LB 1044, § 469;
Laws 1998, LB 1073, § 82;
Laws 2001, LB 398, § 63;
R.S.1943, (2003), § 71-1,147.59;
Laws 2007, LB296, § 354;
Laws 2007, LB463, § 985;
Laws 2009, LB154, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2890 - Pharmacy technicians; registration; requirements; certification.

38-2890.
Pharmacy technicians; registration; requirements; certification.
(1) All pharmacy technicians employed by a health care facility licensed under the Health Care Facility Licensure Act shall be registered with the Pharmacy Technician Registry created in section 38-2893. In order to be employed as a pharmacy technician in such a health care facility, a pharmacy technician (a) shall be certified by a state or national certifying body which is approved by the board (i) by January 1, 2017, if he or she was registered with the Pharmacy Technician Registry on January 1, 2016, or (ii) within one year after being registered with the Pharmacy Technician Registry, if he or she was so registered after January 1, 2016, and (b) upon being so certified, shall maintain current certification during the time he or she is so registered.
(2) To register as a pharmacy technician, an individual shall (a) be at least eighteen years of age, (b) be a high school graduate or be officially recognized by the State Department of Education as possessing the equivalent degree of education, (c) have never been convicted of any nonalcohol, drug-related misdemeanor or felony, (d) file an application with the Division of Public Health of the Department of Health and Human Services, and (e) pay the applicable fee.
Source
Laws 2007, LB236, § 31;
R.S.Supp.,2007, § 71-1,147.65;
Laws 2015, LB37, § 51;
Laws 2016, LB680, § 1.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2891.01 - Pharmacy technician; validate acts, tasks, and functions of pharmacy technician; policies and procedures.

38-2891.01.
Pharmacy technician; validate acts, tasks, and functions of pharmacy technician; policies and procedures.
(1) A pharmacy technician may validate the acts, tasks, and functions of another pharmacy technician only if:
(a) Both pharmacy technicians are certified by a state or national certifying body which is approved by the board;
(b) Both certified pharmacy technicians are working within the confines of a hospital preparing medications for administration in the hospital;
(c) Using bar code technology, radio frequency identification technology, or similar technology to validate the accuracy of medication;
(d) Validating medication that is prepackaged by the manufacturer or prepackaged and verified by a pharmacist; and
(e) Acting in accordance with policies and procedures applicable in the hospital established by the pharmacist in charge.
(2) The pharmacist in charge in a hospital shall establish policies and procedures for validation of medication by two or more certified pharmacy technicians before such validation process is implemented in the hospital.
Source
Laws 2019, LB74, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2892 - Pharmacy technicians; responsibility for supervision and performance.

38-2892.
Pharmacy technicians; responsibility for supervision and performance.
(1) The pharmacist in charge of a pharmacy, remote dispensing pharmacy, or hospital pharmacy employing pharmacy technicians shall be responsible for the supervision and performance of the pharmacy technicians.
(2) Except as otherwise provided in the Automated Medication Systems Act, the supervision of pharmacy technicians at a pharmacy shall be performed by the pharmacist who is on duty in the facility with the pharmacy technicians or located in pharmacies that utilize a real-time, online database and have a pharmacist in all pharmacies. The supervision of pharmacy technicians at a remote dispensing pharmacy or hospital pharmacy shall be performed by the pharmacist assigned by the pharmacist in charge to be responsible for the supervision and verification of the activities of the pharmacy technicians.
Source
Laws 2007, LB236, § 33;
R.S.Supp.,2007, § 71-1,147.67;
Laws 2015, LB37, § 52;
Laws 2017, LB166, § 17;
Laws 2018, LB731, § 76.
Cross References
Automated Medication Systems Act, see section 71-2444.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2893 - Pharmacy Technician Registry; created; contents.

38-2893.
Pharmacy Technician Registry; created; contents.
(1) The Pharmacy Technician Registry is created. The department shall list each pharmacy technician registration in the registry. A listing in the registry shall be valid for the term of the registration and upon renewal unless such listing is refused renewal or is removed as provided in section 38-2894.
(2) The registry shall contain the following information on each individual who meets the conditions set out in section 38-2890: (a) The individual's full name; (b) information necessary to identify the individual; and (c) any other information as the department may require by rule and regulation.
Source
Laws 2007, LB236, § 34;
R.S.Supp.,2007, § 71-1,147.68;
Laws 2009, LB288, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2894 - Pharmacy technician; registration; disciplinary measures; procedure; Licensee Assistance Program; participation.

38-2894.
Pharmacy technician; registration; disciplinary measures; procedure; Licensee Assistance Program; participation.
(1) A registration to practice as a pharmacy technician may be denied, refused renewal, removed, or suspended or have other disciplinary measures taken against it by the department, with the recommendation of the board, for failure to meet the requirements of or for violation of any of the provisions of subdivisions (1) through (18) and (20) through (27) of section 38-178 and sections 38-2890 to 38-2897 or the rules and regulations adopted under such sections.
(2) If the department proposes to deny, refuse renewal of, or remove or suspend a registration, it shall send the applicant or registrant a notice setting forth the action to be taken and the reasons for the determination. The denial, refusal to renew, removal, or suspension shall become final thirty days after mailing the notice unless the applicant or registrant gives written notice to the department of his or her desire for an informal conference or for a formal hearing.
(3) Notice may be served by any method specified in section 25-505.01, or the department may permit substitute or constructive service as provided in section 25-517.02 when service cannot be made with reasonable diligence by any of the methods specified in section 25-505.01.
(4) Pharmacy technicians may participate in the Licensee Assistance Program described in section 38-175.
Source
Laws 2007, LB236, § 35;
R.S.Supp.,2007, § 71-1,147.69;
Laws 2007, LB247, § 83;
Laws 2009, LB288, § 3;
Laws 2019, LB449, § 5;
Laws 2022, LB752, § 23;
Laws 2023, LB574, § 13.
Operative Date: May 23, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2895 - Pharmacy technician; discipline against supervising pharmacist; enforcement orders.

38-2895.
Pharmacy technician; discipline against supervising pharmacist; enforcement orders.
(1) If a pharmacy technician performs functions requiring professional judgment and licensure as a pharmacist or performs functions without supervision and verification and such acts are known to the pharmacist supervising the pharmacy technician or the pharmacist in charge or are of such a nature that they should have been known to a reasonable person, such acts may be considered acts of unprofessional conduct on the part of the pharmacist supervising the pharmacy technician or the pharmacist in charge pursuant to section 38-178, and disciplinary measures may be taken against such pharmacist supervising the pharmacy technician or the pharmacist in charge pursuant to the Uniform Credentialing Act.
(2) Acts described in subsection (1) of this section may be grounds for the department, with the recommendation of the board, to apply to the district court in the judicial district in which the pharmacy is located for an order to cease and desist from the performance of any unauthorized acts. On or at any time after such application the court may, in its discretion, issue an order restraining such pharmacy or its agents or employees from the performance of unauthorized acts. After a hearing the court shall either grant or deny the application. Such order shall continue until the court, after a hearing, finds the basis for such order has been removed.
Source
Laws 2007, LB236, § 36;
R.S.Supp.,2007, § 71-1,147.70;
Laws 2007, LB247, § 84;
Laws 2015, LB37, § 53.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2896 - Pharmacy technician; reapplication for registration; lifting of disciplinary sanction.

38-2896.
Pharmacy technician; reapplication for registration; lifting of disciplinary sanction.
A person whose registration has been denied, refused renewal, removed, or suspended from the Pharmacy Technician Registry may reapply for registration or for lifting of the disciplinary sanction at any time in accordance with the rules and regulations adopted and promulgated by the department.
Source
Laws 2007, LB236, § 37;
R.S.Supp.,2007, § 71-1,147.71.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2897 - Duty to report impaired practitioner; immunity.

38-2897.
Duty to report impaired practitioner; immunity.
(1) The requirement to file a report under subsection (1) of section 38-1,125 shall not apply to pharmacist interns or pharmacy technicians, except that a pharmacy technician shall, within thirty days after having first-hand knowledge of facts giving him or her reason to believe that any person in his or her profession, or any person in another profession under the regulatory provisions of the department, may be practicing while his or her ability to practice is impaired by alcohol, controlled substances, or narcotic drugs, report to the department in such manner and form as the department may require. A report made to the department under this section shall be confidential. The identity of any person making such report or providing information leading to the making of such report shall be confidential.
(2) A pharmacy technician making a report to the department under this section, except for self-reporting, shall be completely immune from criminal or civil liability of any nature, whether direct or derivative, for filing a report or for disclosure of documents, records, or other information to the department under this section. The immunity granted under this section shall not apply to any person causing damage or injury by his or her willful, wanton, or grossly negligent act of commission or omission.
(3) A report submitted by a professional liability insurance company on behalf of a credential holder within the thirty-day period prescribed in this section shall be sufficient to satisfy the credential holder's reporting requirement under this section.
(4) Persons who are members of committees established under the Health Care Quality Improvement Act, the Patient Safety Improvement Act, or section 25-12,123 or witnesses before such committees shall not be required to report under this section. Any person who is a witness before such a committee shall not be excused from reporting matters of first-hand knowledge that would otherwise be reportable under this section only because he or she attended or testified before such committee.
(5) Documents from original sources shall not be construed as immune from discovery or use in actions under this section.
Source
Laws 2007, LB236, § 38;
R.S.Supp.,2007, § 71-1,147.72;
Laws 2017, LB166, § 18.
Cross References
Health Care Quality Improvement Act, see section 71-7904.
Patient Safety Improvement Act, see section 71-8701.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2899 - Rules and regulations.

38-2899.
Rules and regulations.
The department, with the recommendation of the board, shall adopt and promulgate rules and regulations as deemed necessary to implement the Mail Service Pharmacy Licensure Act, the Pharmacy Practice Act, and the Uniform Controlled Substances Act. The minimum standards and requirements for the practice of pharmacy, including dispensing pursuant to a delegated dispensing permit, shall be consistent with the minimum standards and requirements established by the department for pharmacy licenses under the Health Care Facility Licensure Act.
Source
Laws 2001, LB 398, § 27;
Laws 2003, LB 667, § 4;
Laws 2005, LB 538, § 20;
R.S.Supp.,2006, § 71-1,148;
Laws 2007, LB463, § 989;
Laws 2015, LB37, § 54.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Mail Service Pharmacy Licensure Act, see section 71-2406.
Uniform Controlled Substances Act, see section 28-401.01.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,100 - Department; drugs and devices; powers; appeal.

38-28,100.
Department; drugs and devices; powers; appeal.
The department may place under seal all drugs or devices that are owned by or in the possession, custody, or control of a licensee or permittee under the Pharmacy Practice Act at the time his or her license or permit is suspended or revoked or at the time the board or department refuses to renew his or her license or permit. Except as otherwise provided in this section, drugs or devices so sealed shall not be disposed of until appeal rights under the Administrative Procedure Act have expired or an appeal filed pursuant to the act has been determined. The court involved in an appeal filed pursuant to the Administrative Procedure Act may order the department during the pendency of the appeal to sell sealed drugs or devices that are perishable. The proceeds of such a sale shall be deposited with the court.
Source
Laws 2001, LB 398, § 37;
R.S.1943, (2003), § 71-1,149;
Laws 2007, LB463, § 990.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,101 - Pharmacy inspector.

38-28,101.
Pharmacy inspector.
Only a licensed pharmacist who is or who has been engaged in the active practice of pharmacy shall be appointed by the department to serve as a pharmacy inspector with the consent and approval of the board.
Source
Laws 2007, LB463, § 991.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,102 - Prescribing practitioner; loss of ability to prescribe; effect on validity of prescription; pharmacist; use professional judgment; applicability.

38-28,102.
Prescribing practitioner; loss of ability to prescribe; effect on validity of prescription; pharmacist; use professional judgment; applicability.
A prescription that is valid when written remains valid for the period stated in the medical order notwithstanding the prescribing practitioner's subsequent death or retirement or the suspension or revocation of the prescribing practitioner's credential by the appropriate board, and a pharmacist may use professional judgment to fill or refill such a prescription which has sufficient fills remaining. This section shall not apply to a prescription issued by a veterinarian.
Source
Laws 2023, LB227, § 53.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,103 - Violation; penalty.

38-28,103.
Violation; penalty.
Any person who does or commits any of the acts or things prohibited by the Pharmacy Practice Act or otherwise violates any of the provisions thereof shall be guilty of a Class II misdemeanor except as otherwise specifically provided.
Source
Laws 1961, c. 339, § 16, p. 1070;
Laws 1977, LB 39, § 145;
Laws 1993, LB 536, § 53;
Laws 1994, LB 900, § 6;
Laws 2001, LB 398, § 38;
R.S.1943, (2003), § 71-1,147.13;
Laws 2007, LB463, § 993.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,104 - Prescription; contents.

38-28,104.
Prescription; contents.
A prescription for a legend drug which is not a controlled substance must contain the following information prior to being filled by a pharmacist or a practitioner who holds a pharmacy license under subdivision (1) of section 38-2850: Patient's name; name of the drug, device, or biological; strength of the drug or biological, if applicable; dosage form of the drug or biological; quantity of drug, device, or biological prescribed; number of authorized refills; directions for use; date of issuance; prescribing practitioner's name; and if the prescription is written, prescribing practitioner's signature. Prescriptions for controlled substances must meet the requirements of sections 28-414 and 28-414.01.
Source
Laws 2015, LB37, § 55.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,105 - Chart order; contents.

38-28,105.
Chart order; contents.
A chart order must contain the following information: Patient's name; date of the order; name of the drug, device, or biological; strength of the drug or biological, if applicable; directions for administration to the patient, including the dose to be given; and prescribing practitioner's name.
Source
Laws 2015, LB37, § 56.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,106 - Communication of prescription, chart order, or refill authorization; limitation.

38-28,106.
Communication of prescription, chart order, or refill authorization; limitation.
An employee or agent of a prescribing practitioner may communicate a prescription, chart order, or refill authorization issued by the prescribing practitioner to a pharmacist or a pharmacist intern except for an emergency oral authorization for a controlled substance listed in Schedule II of section 28-405. An employee or agent of a prescribing practitioner may communicate a refill authorization issued by the prescribing practitioner to a pharmacy technician.
Source
Laws 2015, LB37, § 57;
Laws 2018, LB731, § 77.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,108 - Nebraska Drug Product Selection Act; act, how cited.

38-28,108.
Nebraska Drug Product Selection Act; act, how cited.
Sections 38-28,108 to 38-28,116 shall be known and may be cited as the Nebraska Drug Product Selection Act.
Source
Laws 1977, LB 103, § 8;
R.S.1943, (1996), § 71-5408;
Laws 2003, LB 667, § 13;
R.S.1943, (2009), § 71-5401.01;
Laws 2015, LB37, § 59.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,109 - Drug product selection; purposes of act.

38-28,109.
Drug product selection; purposes of act.
The purposes of the Nebraska Drug Product Selection Act are to provide for the drug product selection of equivalent drug products or interchangeable biological products and to promote the greatest possible use of such products.
Source
Laws 2003, LB 667, § 14;
R.S.1943, (2009), § 71-5401.02;
Laws 2015, LB37, § 60;
Laws 2017, LB481, § 12.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,112 - Pharmacist; drug product selection; effect on reimbursement; label; price.

38-28,112.
Pharmacist; drug product selection; effect on reimbursement; label; price.
(1) Whenever a drug product has been prescribed with the notation that no drug product selection is permitted for a patient who has a contract whereunder he or she is reimbursed for the cost of health care, directly or indirectly, the party that has contracted to reimburse the patient, directly or indirectly, shall make reimbursements on the basis of the price of the brand-name drug product and not on the basis of the equivalent drug product or interchangeable biological product, unless the contract specifically requires generic reimbursement under the Code of Federal Regulations.
(2) A prescription drug or device when dispensed shall bear upon the label the name of the drug or device in the container unless the practitioner writes do not label or words of similar import in the prescription or so designates orally.
(3) Nothing in this section shall (a) require a pharmacy to charge less than its established minimum price for the filling of any prescription or (b) prohibit any hospital from developing, using, and enforcing a formulary.
Source
Laws 1977, LB 103, § 4;
Laws 1983, LB 476, § 23;
Laws 1996, LB 1044, § 721;
Laws 1998, LB 1073, § 150;
Laws 2003, LB 667, § 17;
Laws 2005, LB 382, § 13;
R.S.1943, (2009), § 71-5404;
Laws 2015, LB37, § 63;
Laws 2017, LB481, § 14.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,113 - Drug product selection; pharmacist; practitioner; negligence; what constitutes.

38-28,113.
Drug product selection; pharmacist; practitioner; negligence; what constitutes.
(1) Drug product selection by a pharmacist pursuant to the Nebraska Drug Product Selection Act shall not constitute the practice of medicine.
(2) Drug product selection by a pharmacist pursuant to the act or any rules and regulations adopted and promulgated under the act shall not constitute evidence of negligence if the drug product selection was made within the reasonable and prudent practice of pharmacy.
(3) When drug product selection by a pharmacist is permissible under the act, such drug product selection shall not constitute evidence of negligence on the part of the prescribing practitioner. The failure of a prescribing practitioner to provide that there shall be no drug product selection in any case shall not constitute evidence of negligence or malpractice on the part of such prescribing practitioner.
Source
Laws 1977, LB 103, § 5;
Laws 2001, LB 398, § 77;
Laws 2003, LB 667, § 18;
R.S.1943, (2009), § 71-5405;
Laws 2015, LB37, § 64;
Laws 2017, LB481, § 15.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,114 - Drug; labeling; contents; violation; embargo; effect.

38-28,114.
Drug; labeling; contents; violation; embargo; effect.
(1) The manufacturer, packager, or distributor of any legend drug sold, delivered, or offered for sale for human use in the State of Nebraska shall have the name and address of the manufacturer of the finished dosage form of the drug printed on the label on the container of such drug.
(2) Whenever a duly authorized agent of the department has probable cause to believe that any drug is without such labeling, the agent shall embargo such drug and shall affix an appropriate marking thereto. Such marking shall contain (a) adequate notice that the drug (i) is or is suspected of being sold, delivered, or offered for sale in violation of the Nebraska Drug Product Selection Act and (ii) has been embargoed and (b) a warning that it is unlawful for any person to remove or dispose of the embargoed drug by sale or otherwise without the permission of the agent or a court of competent jurisdiction.
Source
Laws 1977, LB 103, § 6;
Laws 2001, LB 398, § 78;
Laws 2003, LB 667, § 19;
R.S.1943, (2009), § 71-5406;
Laws 2015, LB37, § 65.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,115 - Drug product selection; violations; penalty.

38-28,115.
Drug product selection; violations; penalty.
(1) In addition to any other penalties provided by law, any person who violates any provision of the Nebraska Drug Product Selection Act or any rule or regulation adopted and promulgated under the act is guilty of a Class IV misdemeanor for each violation.
(2) It is unlawful for any employer or such employer's agent to coerce a pharmacist to dispense a drug product against the professional judgment of the pharmacist or as ordered by a prescribing practitioner.
Source
Laws 1977, LB 103, § 7;
Laws 1983, LB 476, § 24;
Laws 1988, LB 1100, § 169;
Laws 2001, LB 398, § 79;
Laws 2003, LB 667, § 20;
R.S.1943, (2009), § 71-5407;
Laws 2015, LB37, § 66.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-28,116 - Drug product selection; rules and regulations; department; duty.

38-28,116.
Drug product selection; rules and regulations; department; duty.
(1) The department may adopt and promulgate rules and regulations necessary to implement the Nebraska Drug Product Selection Act upon the joint recommendation of the Board of Medicine and Surgery and the Board of Pharmacy.
(2) The department shall maintain a link on its website to the current list of all biological products that the federal Food and Drug Administration has determined to be interchangeable biological products.
Source
Laws 2003, LB 667, § 21;
R.S.1943, (2009), § 71-5409;
Laws 2015, LB37, § 67;
Laws 2017, LB481, § 16.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2901 - Act, how cited.

38-2901.
Act, how cited.
Sections 38-2901 to 38-2929 shall be known and may be cited as the Physical Therapy Practice Act.
Source
Laws 2006, LB 994, § 118;
R.S.Supp.,2006, § 71-1,362;
Laws 2007, LB463, § 994.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2902 - Purpose of act.

38-2902.
Purpose of act.
The purpose of the Physical Therapy Practice Act is to update and recodify statutes relating to the practice of physical therapy. Nothing in the act shall be construed to expand the scope of practice of physical therapy as it existed prior to July 14, 2006.
Source
Laws 2006, LB 994, § 119;
R.S.Supp.,2006, § 71-1,363;
Laws 2007, LB463, § 995.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2903 - Definitions, where found.

38-2903.
Definitions, where found.
For purposes of the Physical Therapy Practice Act, the definitions found in sections 38-2904 to 38-2918 apply.
Source
Laws 2006, LB 994, § 120;
R.S.Supp.,2006, § 71-1,364;
Laws 2007, LB463, § 996.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2904 - Approved educational program, defined.

38-2904.
Approved educational program, defined.
Approved educational program means a program for the education and training of physical therapists and physical therapist assistants approved by the board pursuant to section 38-2926.
Source
Laws 2006, LB 994, § 121;
R.S.Supp.,2006, § 71-1,365;
Laws 2007, LB463, § 997.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2905 - Board, defined.

38-2905.
Board, defined.
Board means the Board of Physical Therapy.
Source
Laws 2006, LB 994, § 122;
R.S.Supp.,2006, § 71-1,366;
Laws 2007, LB463, § 998.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2906 - Direct supervision, defined.

38-2906.
Direct supervision, defined.
Direct supervision means supervision in which the supervising practitioner is physically present and immediately available and does not include supervision provided by means of telecommunication.
Source
Laws 2006, LB 994, § 124;
R.S.Supp.,2006, § 71-1,368;
Laws 2007, LB463, § 999.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2907 - Evaluation, defined.

38-2907.
Evaluation, defined.
Evaluation means the process of making clinical judgments based on data gathered from examination of a patient.
Source
Laws 2006, LB 994, § 125;
R.S.Supp.,2006, § 71-1,369;
Laws 2007, LB463, § 1000.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2908 - General supervision, defined.

38-2908.
General supervision, defined.
General supervision means supervision either onsite or by means of telecommunication.
Source
Laws 2006, LB 994, § 126;
R.S.Supp.,2006, § 71-1,370;
Laws 2007, LB463, § 1001.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2909 - Jurisdiction of the United States, defined.

38-2909.
Jurisdiction of the United States, defined.
Jurisdiction of the United States means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any American territory.
Source
Laws 2006, LB 994, § 127;
R.S.Supp.,2006, § 71-1,371;
Laws 2007, LB463, § 1002.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2910 - Mobilization or manual therapy, defined.

38-2910.
Mobilization or manual therapy, defined.
Mobilization or manual therapy means a group of techniques comprising a continuum of skilled passive movements to the joints or related soft tissues, or both, throughout the normal physiological range of motion that are applied at varying speeds and amplitudes, without limitation.
Source
Laws 2006, LB 994, § 128;
R.S.Supp.,2006, § 71-1,372;
Laws 2007, LB463, § 1003.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2911 - Non-treatment-related tasks, defined.

38-2911.
Non-treatment-related tasks, defined.
Non-treatment-related tasks means clerical, housekeeping, facility maintenance, or patient transportation services related to the practice of physical therapy.
Source
Laws 2006, LB 994, § 129;
R.S.Supp.,2006, § 71-1,373;
Laws 2007, LB463, § 1004.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2912 - Physical therapist, defined.

38-2912.
Physical therapist, defined.
Physical therapist means a person licensed to practice physical therapy under the Physical Therapy Practice Act.
Source
Laws 2006, LB 994, § 130;
R.S.Supp.,2006, § 71-1,374;
Laws 2007, LB463, § 1005.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2913 - Physical therapist assistant, defined.

38-2913.
Physical therapist assistant, defined.
Physical therapist assistant means a person certified as a physical therapist assistant under the Physical Therapy Practice Act.
Source
Laws 2006, LB 994, § 131;
R.S.Supp.,2006, § 71-1,375;
Laws 2007, LB463, § 1006.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2914 - Physical therapy or physiotherapy, defined.

38-2914.
Physical therapy or physiotherapy, defined.
Physical therapy or physiotherapy means:
(1) Examining, evaluating, and testing individuals with mechanical, physiological, and developmental impairments, functional limitations, and disabilities or other conditions related to health and movement and, through analysis of the evaluative process, developing a plan of therapeutic intervention and prognosis while assessing the ongoing effects of the intervention;
(2) Alleviating impairment, functional limitation, or disabilities by designing, implementing, or modifying therapeutic interventions which may include any of the following: Therapeutic exercise; functional training in home, community, or work integration or reintegration related to physical movement and mobility; therapeutic massage; mobilization or manual therapy; recommendation, application, and fabrication of assistive, adaptive, protective, and supportive devices and equipment; airway clearance techniques; integumentary protection techniques; nonsurgical debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; and patient-related instruction; but which does not include the making of a medical diagnosis;
(3) Purchasing, storing, and administering topical and aerosol medication in compliance with applicable rules and regulations of the Board of Pharmacy regarding the storage of such medication;
(4) Reducing the risk of injury, impairment, functional limitation, or disability, including the promotion and maintenance of fitness, health, and wellness; and
(5) Engaging in administration, consultation, education, and research.
Source
Laws 2006, LB 994, § 132;
R.S.Supp.,2006, § 71-1,376;
Laws 2007, LB463, § 1007.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2915 - Physical therapy aide, defined.

38-2915.
Physical therapy aide, defined.
Physical therapy aide means a person who is trained under the direction of a physical therapist and who performs treatment-related and non-treatment-related tasks.
Source
Laws 2006, LB 994, § 133;
R.S.Supp.,2006, § 71-1,377;
Laws 2007, LB463, § 1008.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2916 - Student, defined.

38-2916.
Student, defined.
Student means a person enrolled in an approved educational program.
Source
Laws 2006, LB 994, § 134;
R.S.Supp.,2006, § 71-1,378;
Laws 2007, LB463, § 1009.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2917 - Testing, defined.

38-2917.
Testing, defined.
Testing means standard methods and techniques used to gather data about a patient. Testing includes surface electromyography and, subject to approval of the board, fine wire electromyography. Testing excludes diagnostic needle electromyography.
Source
Laws 2006, LB 994, § 135;
R.S.Supp.,2006, § 71-1,379;
Laws 2007, LB463, § 1010.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2918 - Treatment-related tasks, defined.

38-2918.
Treatment-related tasks, defined.
Treatment-related tasks means activities related to the practice of physical therapy that do not require the clinical decisionmaking of a physical therapist or the clinical problem solving of a physical therapist assistant.
Source
Laws 2006, LB 994, § 136;
R.S.Supp.,2006, § 71-1,380;
Laws 2007, LB463, § 1011.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2919 - License or certificate required.

38-2919.
License or certificate required.
(1) No person may practice physical therapy, hold oneself out as a physical therapist or physiotherapist, or use the abbreviation PT in this state without being licensed by the department. No person may practice as a physical therapist assistant, hold oneself out as a physical therapist assistant, or use the abbreviation PTA in this state without being certified by the department.
(2) A physical therapist may use the title physical therapist or physiotherapist and the abbreviation PT in connection with his or her name or place of business. A physical therapist assistant may use the title physical therapist assistant and the abbreviation PTA in connection with his or her name.
(3) No person who offers or provides services to another or bills another for services shall characterize such services as physical therapy or physiotherapy unless such services are provided by a physical therapist or a physical therapist assistant acting under the general supervision of a physical therapist.
Source
Laws 2006, LB 994, § 137;
R.S.Supp.,2006, § 71-1,381;
Laws 2007, LB463, § 1012.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2920 - Exemptions.

38-2920.
Exemptions.
The following classes of persons shall not be construed to be engaged in the unauthorized practice of physical therapy:
(1) A member of another profession who is credentialed by the department and who is acting within the scope of practice of his or her profession;
(2) A student in an approved educational program who is performing physical therapy or related services within the scope of such program and under the direct supervision of a physical therapist;
(3) A person practicing physical therapy or as a physical therapist assistant in this state who serves in the armed forces of the United States or the United States Public Health Service or who is employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;
(4) A person credentialed to practice physical therapy or as a physical therapist assistant in another jurisdiction of the United States or in another country who is teaching physical therapy or demonstrating or providing physical therapy or related services in connection with an educational program in this state;
(5) A person credentialed to practice physical therapy in another jurisdiction of the United States or in another country who, by contract or employment, is providing physical therapy or related services in this state to individuals affiliated with established athletic teams, athletic organizations, or performing arts companies while such teams, organizations, or companies are present and temporarily practicing, competing, or performing in this state; or
(6) A person employed by a school district, educational service unit, or other public or private educational institution or entity serving prekindergarten through twelfth grade students who is providing personal assistance services, including mobility and transfer activities, such as assisting with ambulation with and without aids; positioning in adaptive equipment; application of braces; encouraging active range-of-motion exercises; assisting with passive range-of-motion exercises; assisting with transfers with or without mechanical devices; and such other personal assistance services based on individual needs as are suitable to providing an appropriate educational program.
Source
Laws 2006, LB 994, § 138;
R.S.Supp.,2006, § 71-1,382;
Laws 2007, LB463, § 1013.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2921 - Physical therapy; license; qualifications.

38-2921.
Physical therapy; license; qualifications.
Every applicant for a license to practice physical therapy shall:
(1) Present proof of completion of an approved educational program;
(2) In the case of an applicant who has been trained as a physical therapist in a foreign country, (a) present documentation of completion of a course of professional instruction substantially equivalent to an approved program accredited by the Commission on Accreditation in Physical Therapy Education or by an equivalent accrediting agency as determined by the board and (b) present proof of proficiency in the English language; and
(3) Successfully complete an examination approved by the department, with the recommendation of the board.
Source
Laws 1957, c. 298, § 3, p. 1075;
Laws 1988, LB 1100, § 140;
Laws 1990, LB 1064, § 16;
Laws 1999, LB 828, § 169;
R.S.1943, (2003), § 71-2803;
Laws 2006, LB 994, § 139;
R.S.Supp.,2006, § 71-1,383;
Laws 2007, LB463, § 1014.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2922 - Physical therapist assistant; certificate; qualifications.

38-2922.
Physical therapist assistant; certificate; qualifications.
Every applicant for a certificate to practice as a physical therapist assistant shall:
(1) Present proof of completion of an approved educational program; and
(2) Successfully complete an examination approved by the department, with the recommendation of the board.
Source
Laws 2006, LB 994, § 140;
R.S.Supp.,2006, § 71-1,384;
Laws 2007, LB463, § 1015.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2923 - Applicant; continuing competency requirements.

38-2923.
Applicant; continuing competency requirements.
An applicant for licensure to practice as a physical therapist who has met the education and examination requirements in section 38-2921 or to practice as a physical therapist assistant who has met the education and examination requirements in section 38-2922, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.
Source
Laws 2007, LB463, § 1016.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2924 - Applicant; reciprocity; continuing competency requirements; military spouse; temporary license.

38-2924.
Applicant; reciprocity; continuing competency requirements; military spouse; temporary license.
(1) An applicant for licensure to practice as a physical therapist or to practice as a physical therapist assistant who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.
(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 2007, LB463, § 1017;
Laws 2017, LB88, § 87.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2926 - Approved program for education and training.

38-2926.
Approved program for education and training.
The board may approve programs for physical therapy or physical therapist assistant education and training. Such approval may be based on the program's accreditation by the Commission on Accreditation in Physical Therapy Education or equivalent standards established by the board.
Source
Laws 1957, c. 298, § 4, p. 1076;
Laws 1988, LB 1100, § 142;
Laws 1999, LB 828, § 170;
Laws 2001, LB 209, § 28;
R.S.1943, (2003), § 71-2804;
Laws 2006, LB 994, § 144;
R.S.Supp.,2006, § 71-1,388;
Laws 2007, LB463, § 1019.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2927 - Physical therapist assistant; perform physical therapy services; when; limitations; supervising physical therapist; powers and duties.

38-2927.
Physical therapist assistant; perform physical therapy services; when; limitations; supervising physical therapist; powers and duties.
(1) A physical therapist assistant may perform physical therapy services under the general supervision of a physical therapist, except that no physical therapist assistant shall perform the following:
(a) Interpretation of physician referrals;
(b) Development of a plan of care;
(c) Initial evaluations or reevaluation of patients;
(d) Readjustment of a plan of care without consultation with the supervising physical therapist; or
(e) Discharge planning for patients.
(2) A physical therapist may provide general supervision for no more than two physical therapist assistants. A physical therapist shall not establish a satellite office at which a physical therapist assistant provides care without the general supervision of the physical therapist.
(3) A physical therapist shall reevaluate or reexamine on a regular basis each patient receiving physical therapy services from a physical therapist assistant under the general supervision of the physical therapist.
(4) A supervising physical therapist and the physical therapist assistant under general supervision shall review the plan of care on a regular basis for each patient receiving physical therapy services from the physical therapist assistant.
(5) A physical therapist assistant may document physical therapy services provided by the physical therapist assistant without the signature of the supervising physical therapist.
(6) A physical therapist assistant may act as a clinical instructor for physical therapist assistant students in an approved educational program.
Source
Laws 1979, LB 355, § 3;
R.S.1943, (2003), § 71-2810;
Laws 2006, LB 994, § 141;
R.S.Supp.,2006, § 71-1,385;
Laws 2007, LB463, § 1020.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2928 - Physical therapist; duties.

38-2928.
Physical therapist; duties.
(1) For each patient under his or her care, a physical therapist shall:
(a) Be responsible for managing all aspects of physical therapy services provided to the patient and assume legal liability for physical therapy and related services provided under his or her supervision;
(b) Provide an initial evaluation and documentation of the evaluation;
(c) Provide periodic reevaluation and documentation of the reevaluation;
(d) Provide documentation for discharge, including the patient's response to therapeutic intervention at the time of discharge; and
(e) Be responsible for accurate documentation and billing for services provided.
(2) For each patient under his or her care on each date physical therapy services are provided to such patient, a physical therapist shall:
(a) Provide all therapeutic interventions that require the expertise of a physical therapist; and
(b) Determine the appropriate use of physical therapist assistants or physical therapy aides.
Source
Laws 2006, LB 994, § 142;
R.S.Supp.,2006, § 71-1,386;
Laws 2007, LB463, § 1021.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2929 - Physical therapy aide; authorized activities.

38-2929.
Physical therapy aide; authorized activities.
A physical therapy aide may perform treatment-related and non-treatment-related tasks under the supervision of a physical therapist or a physical therapist assistant.
Source
Laws 2006, LB 994, § 143;
R.S.Supp.,2006, § 71-1,387;
Laws 2007, LB463, § 1022.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3001 - Act, how cited.

38-3001.
Act, how cited.
Sections 38-3001 to 38-3014 shall be known and may be cited as the Podiatry Practice Act.
Source
Laws 2007, LB463, § 1023;
Laws 2020, LB755, § 18.