reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2419 - Nursing home administrator; license; issuance; qualifications; duties.

38-2419.
Nursing home administrator; license; issuance; qualifications; duties.
(1) The department shall issue a license to an applicant who submits (a) satisfactory evidence of completion of (i) an associate degree which includes the core educational requirements and an administrator-in-training program under a certified preceptor, (ii) a degree or an advanced degree and a mentoring program under a certified preceptor, (iii) a nursing degree, previous work experience in health care administration, and a mentoring program under a certified preceptor, (iv) a degree or an advanced degree in health care and previous work experience in health care administration, or (v) an associate degree which includes the core educational requirements, previous work experience, and a mentoring program under a certified preceptor, and (b) evidence of successful passage of the National Association of Boards of Examiners for Nursing Home Administration written examination.
(2) The department shall license administrators in accordance with the Nursing Home Administrator Practice Act and standards, rules, and regulations adopted and promulgated by the department, with the recommendation of the board. The license shall not be transferable or assignable.
(3) Each administrator shall be responsible for and oversee the operation of only one licensed facility or one integrated system, except that an administrator may make application to the department for approval to be responsible for and oversee the operations of a maximum of three licensed facilities if such facilities are located within two hours' travel time of each other or to act in the dual role of administrator and department head but not in the dual role of administrator and director of nursing. In reviewing the application, the department may consider the proximity of the facilities and the number of licensed beds in each facility. An administrator responsible for and overseeing the operations of any integrated system is subject to disciplinary action against his or her license for any regulatory violations within each system.
Source
Laws 1972, LB 1040, § 6;
Laws 1980, LB 686, § 4;
Laws 1988, LB 352, § 126;
R.S.1943, (1986), § 71-2045.02;
Laws 1988, LB 693, § 3;
Laws 1989, LB 344, § 19;
Laws 1989, LB 733, § 1;
R.S.Supp.,1989, § 71-2041.02;
Laws 1991, LB 58, § 1;
Laws 1991, LB 456, § 38;
Laws 1992, LB 1019, § 83;
Laws 1993, LB 669, § 59;
Laws 1994, LB 1223, § 74;
Laws 1997, LB 608, § 23;
Laws 1997, LB 752, § 193;
Laws 1999, LB 411, § 2;
Laws 2002, LB 1021, § 92;
Laws 2002, LB 1062, § 56;
Laws 2003, LB 242, § 133;
Laws 2005, LB 246, § 2;
R.S.Supp.,2006, § 71-6054;
Laws 2007, LB463, § 834;
Laws 2013, LB42, § 5.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2421 - License; reciprocity; military spouse; temporary license.

38-2421.
License; reciprocity; military spouse; temporary license.
The department may issue a license to any person who holds a current nursing home administrator license from another jurisdiction and is at least nineteen years old. An applicant for a license who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 1988, LB 693, § 5;
Laws 1989, LB 733, § 3;
R.S.Supp.,1989, § 71-2041.04;
Laws 1991, LB 455, § 2;
Laws 1992, LB 1019, § 85;
Laws 1999, LB 411, § 4;
Laws 2002, LB 1062, § 57;
R.S.1943, (2003), § 71-6056;
Laws 2007, LB463, § 836;
Laws 2017, LB88, § 81.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2422 - Application for examination.

38-2422.
Application for examination.
Any person desiring to take the examination for a nursing home administrator license may request to take the examination any time after receiving notification of registration as an administrator-in-training or a person in a mentoring program, but the license shall not be issued until the board receives documentation of completion of the administrator-in-training or mentoring program and completion of all licensure requirements.
Source
Laws 1988, LB 693, § 7;
R.S.Supp.,1988, § 71-2041.06;
Laws 1992, LB 1019, § 86;
Laws 1999, LB 411, § 5;
R.S.1943, (2003), § 71-6058;
Laws 2007, LB463, § 837.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2423 - Acting administrator; provisional license required; application; requirements.

38-2423.
Acting administrator; provisional license required; application; requirements.
(1) A person selected to apply for a provisional license in nursing home administration to serve as the administrator of such facility shall apply to the department. Such license, if issued, shall be valid for no more than one hundred eighty calendar days and may be issued to an individual not otherwise qualified for licensure as a nursing home administrator in order to maintain the daily operations of the facility and may not be renewed. The department may grant an extension not to exceed ninety days if the person seeking the provisional license is in a mentoring program.
(2) The department may issue a provisional license to an individual who has applied for a mentoring program. Such provisional license will allow the applicant to serve as administrator in the specified facility for one hundred eighty calendar days and may not be renewed. The board may grant an extension not to exceed ninety days if the person seeking the provisional license is in a mentoring program.
(3) An applicant for a provisional license under this section shall: (a) Be at least twenty-one years of age; (b) be employed on a full-time basis of not less than forty hours per week to perform the duties of the nursing home administrator; and (c) have no history of unprofessional conduct or denial or disciplinary action against a nursing home administrator license or a license to practice any other profession by any lawful licensing authority.
Source
Laws 1972, LB 1040, § 12;
Laws 1980, LB 686, § 9;
R.S.1943, (1986), § 71-2045.08;
Laws 1992, LB 1019, § 89;
Laws 1999, LB 411, § 8;
Laws 2003, LB 242, § 137;
R.S.1943, (2003), § 71-6063;
Laws 2007, LB463, § 838.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2424 - Providers of continuing competency activities; review and approval; fee.

38-2424.
Providers of continuing competency activities; review and approval; fee.
Providers of continuing competency activities or licensees may submit courses for review and approval by the board. Each provider or licensee applying for approval of continuing competency activities shall pay an application fee for each program, seminar, or course submitted for review.
Source
Laws 1972, LB 1040, § 7;
Laws 1986, LB 926, § 58;
Laws 1988, LB 693, § 11;
R.S.Supp.,1988, § 71-2045.03;
Laws 1992, LB 1019, § 87;
Laws 1999, LB 411, § 6;
Laws 2002, LB 1021, § 93;
Laws 2002, LB 1062, § 59;
Laws 2003, LB 242, § 135;
R.S.1943, (2003), § 71-6060;
Laws 2007, LB463, § 839.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2426 - Administrator of facility operated primarily for caring for persons with head injuries and associated disorders; license required; qualifications; renewal.

38-2426.
Administrator of facility operated primarily for caring for persons with head injuries and associated disorders; license required; qualifications; renewal.
(1) In order to qualify to function as the administrator of a facility operated primarily for caring for persons with head injuries and associated disorders, an individual shall be licensed as a nursing home administrator if he or she meets the requirements of this section. A license issued under this section permits the holder to serve as a nursing home administrator only in a facility operated primarily for caring for persons with head injuries and associated disorders.
(2) To receive a credential to practice nursing home administration for a facility operated primarily for caring for persons with head injuries and associated disorders, an individual shall:
(a) Have at least four years of experience working with persons with head injuries or severe physical disabilities, at least two of which were spent in an administrative capacity; and
(b) Either:
(i) Hold a credential as:
(A) A psychologist pursuant to the Uniform Credentialing Act, with at least a master's degree in psychology from an accredited college or university;
(B) A physician licensed pursuant to the Uniform Credentialing Act to practice medicine and surgery or psychiatry;
(C) An educator with at least a master's degree in education from an accredited college or university;
(D) A certified social worker, a certified master social worker, or a licensed mental health practitioner pursuant to the Uniform Credentialing Act;
(E) A physical therapist, an occupational therapist, or a speech-language pathologist pursuant to the Uniform Credentialing Act; or
(F) An administrator or executive of a health care facility as defined in section 71-413 who is a member in good standing with an organization that offers voluntary certification for the purpose of demonstrating managerial knowledge and experience for health care managers; or
(ii) Have at least eight years of experience working with persons with head injuries or severe physical disabilities, at least five of which were spent in an administrative capacity in a facility operated primarily for caring for persons with head injuries or severe physical disabilities.
(3) A license issued pursuant to this section shall be issued without examination and without the requirement of completion of an administrator-in-training or mentoring program. Such license may be renewed without the completion of any continuing competency requirements.
Source
Laws 2013, LB42, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2501 - Act, how cited.

38-2501.
Act, how cited.
Sections 38-2501 to 38-2531 shall be known and may be cited as the Occupational Therapy Practice Act.
Source
Laws 1984, LB 761, § 29;
Laws 2003, LB 242, § 138;
Laws 2004, LB 1005, § 120;
R.S.Supp.,2006, § 71-6101;
Laws 2007, LB463, § 841.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2502 - Purpose of act.

38-2502.
Purpose of act.
In order to (1) safeguard the public health, safety, and welfare, (2) protect the public from being misled by incompetent, unscrupulous, and unauthorized persons, (3) assure the highest degree of professional conduct on the part of occupational therapists and occupational therapy assistants, and (4) assure the availability of occupational therapy services of high quality to persons in need of such services, it is the purpose of the Occupational Therapy Practice Act to provide for the regulation of occupational therapists.
Source
Laws 1984, LB 761, § 30;
R.S.1943, (2003) § 71-6102;
Laws 2007, LB463, § 842.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2503 - Definitions, where found.

38-2503.
Definitions, where found.
For purposes of the Occupational Therapy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2504 to 38-2514 apply.
Source
Laws 1984, LB 761, § 31;
Laws 1993, LB 121, § 451;
Laws 1996, LB 1044, § 757;
Laws 2001, LB 346, § 1;
Laws 2002, LB 1021, § 95;
Laws 2004, LB 1005, § 121;
R.S.Supp.,2006, § 71-6103;
Laws 2007, LB296, § 651;
Laws 2007, LB463, § 843.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2506 - Deep thermal agent modalities, defined.

38-2506.
Deep thermal agent modalities, defined.
Deep thermal agent modalities means therapeutic ultrasound and phonophoresis. Deep thermal agent modalities does not include the use of diathermy or lasers.
Source
Laws 2007, LB463, § 846.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2507 - Electrotherapeutic agent modalities, defined.

38-2507.
Electrotherapeutic agent modalities, defined.
Electrotherapeutic agent modalities means neuromuscular electrical stimulation, transcutaneous electrical nerve stimulation, and iontophoresis. Electrotherapeutic agent modalities does not include the use of ultraviolet light.
Source
Laws 2007, LB463, § 847.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2510 - Occupational therapy, defined.

38-2510.
Occupational therapy, defined.
(1) Occupational therapy means the use of purposeful activity with individuals who are limited by physical injury or illness, psychosocial dysfunction, developmental or learning disabilities, or the aging process in order to maximize independent function, prevent further disability, and achieve and maintain health and productivity.
(2) Occupational therapy encompasses evaluation, treatment, and consultation and may include (a) remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes, (b) adaptation of task, process, or the environment, or the teaching of compensatory techniques, in order to enhance performance, (c) disability prevention methods and techniques which facilitate the development or safe application of performance skills, and (d) health promotion strategies and practices which enhance performance abilities.
Source
Laws 2007, LB463, § 850.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2511 - Occupational therapy aide, defined.

38-2511.
Occupational therapy aide, defined.
Occupational therapy aide means a person who is not licensed under the Occupational Therapy Practice Act and who provides supportive services to occupational therapists and occupational therapy assistants.
Source
Laws 2007, LB463, § 851.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2514 - Superficial thermal agent modalities, defined.

38-2514.
Superficial thermal agent modalities, defined.
Superficial thermal agent modalities means hot packs, cold packs, ice, fluidotherapy, paraffin, water, and other commercially available superficial heating and cooling technologies.
Source
Laws 2007, LB463, § 854.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2515 - Board; members; qualifications.

38-2515.
Board; members; qualifications.
The board shall consist of at least four members appointed pursuant to section 38-158. Three of the persons appointed shall have been engaged in rendering services to the public, teaching, or research in occupational therapy for at least five years immediately preceding their appointments. Two of the persons appointed shall be occupational therapists and one shall be either an occupational therapist or an occupational therapy assistant and all shall be holders of active licenses issued under the Occupational Therapy Practice Act during their terms. One of the persons appointed shall be a public member who meets the requirements of section 38-165.
Source
Laws 1984, LB 761, § 43;
Laws 1987, LB 473, § 62;
Laws 1988, LB 1100, § 178;
Laws 2001, LB 346, § 3;
Laws 2002, LB 1021, § 97;
Laws 2004, LB 1005, § 131;
R.S.Supp.,2006, § 71-6115;
Laws 2007, LB463, § 855.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2516 - Occupational therapist; therapy assistant; licensure required; activities and services not prohibited.

38-2516.
Occupational therapist; therapy assistant; licensure required; activities and services not prohibited.
(1) No person may represent himself or herself to be a licensed occupational therapist or occupational therapy assistant unless the person is licensed in accordance with the Occupational Therapy Practice Act or has a compact privilege to practice in accordance with the Occupational Therapy Practice Interstate Compact.
(2) Nothing in the Occupational Therapy Practice Act shall be construed to prevent:
(a) Any person licensed in this state pursuant to the Uniform Credentialing Act from engaging in the profession or occupation for which he or she is licensed;
(b) The activities and services of any person employed as an occupational therapist or occupational therapy assistant 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;
(c) The activities and services of any person pursuing an accredited course of study leading to a degree or certificate in occupational therapy if such activities and services constitute a part of a supervised course of study and if such a person is designated by a title which clearly indicates his or her status as a student or trainee;
(d) The activities and services of any person fulfilling the supervised fieldwork experience requirements of sections 38-2518 and 38-2519 if such activities and services constitute a part of the experience necessary to meet the requirements of such sections; or
(e) Qualified members of other professions or occupations, including, but not limited to, recreation specialists or therapists, special education teachers, independent living specialists, work adjustment trainers, caseworkers, and persons pursuing courses of study leading to a degree or certification in such fields, from doing work similar to occupational therapy which is consistent with their training if they do not represent themselves by any title or description to be occupational therapists.
Source
Laws 1984, LB 761, § 32;
Laws 1991, LB 2, § 14;
Laws 2004, LB 1005, § 122;
R.S.Supp.,2006, § 71-6104;
Laws 2007, LB463, § 856;
Laws 2022, LB752, § 22.
Cross References
Occupational Therapy Practice Interstate Compact, see section 38-4301.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2517 - Occupational therapist; therapy assistant; temporary license; applicability of section.

38-2517.
Occupational therapist; therapy assistant; temporary license; applicability of section.
(1) Any person who has applied to take the examination under section 38-2518 or 38-2519 and who has completed the education and experience requirements of the Occupational Therapy Practice Act may be granted a temporary license to practice as an occupational therapist or an occupational therapy assistant. A temporary license shall allow the person to practice only in association with a licensed occupational therapist and shall be valid until the date on which the results of the next licensure examination are available to the department. The temporary license shall not be renewed if the applicant has failed the examination. The temporary license may be extended by the department, with the recommendation of the board. In no case may a temporary license be extended beyond one year.
(2) This section does not apply to a temporary license issued as provided in section 38-129.01.
Source
Laws 1984, LB 761, § 33;
Laws 1988, LB 1100, § 175;
R.S.1943, (2003), § 71-6105;
Laws 2007, LB463, § 857;
Laws 2017, LB88, § 82.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2518 - Occupational therapist; license; application; requirements.

38-2518.
Occupational therapist; license; application; requirements.
(1) An applicant applying for a license as an occupational therapist shall show to the satisfaction of the department that he or she:
(a) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the department and accredited by a nationally recognized medical association or nationally recognized occupational therapy association;
(b) Has successfully completed a period of supervised fieldwork experience at an educational institution approved by the department and where the applicant's academic work was completed or which is part of a training program approved by such educational institution. A minimum of six months of supervised fieldwork experience shall be required for an occupational therapist; and
(c) Has passed an examination as provided in section 38-2520.
(2) In the case of an applicant who has been trained as an occupational therapist in a foreign country, the applicant shall:
(a) Present documentation of completion of an educational program in occupational therapy that is substantially equivalent to an approved program accredited by the Accreditation Council for Occupational Therapy Education or by an equivalent accrediting agency as determined by the board;
(b) Present proof of proficiency in the English language; and
(c) Have passed an examination as provided in section 38-2520.
(3) Residency in this state shall not be a requirement of licensure. A corporation, partnership, limited liability company, or association shall not be licensed as an occupational therapist pursuant to the Occupational Therapy Practice Act.
Source
Laws 1984, LB 761, § 34;
Laws 1989, LB 344, § 33;
Laws 1993, LB 121, § 452;
Laws 1997, LB 752, § 194;
Laws 2003, LB 242, § 139;
R.S.1943, (2003), § 71-6106;
Laws 2007, LB463, § 858;
Laws 2018, LB1034, § 40.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2519 - Occupational therapy assistant; license; application; requirements; term.

38-2519.
Occupational therapy assistant; license; application; requirements; term.
(1) An applicant applying for a license as an occupational therapy assistant shall show to the satisfaction of the department that he or she:
(a) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the department and accredited by a nationally recognized medical association or nationally recognized occupational therapy association;
(b) Has successfully completed a period of supervised fieldwork experience at an educational institution approved by the department and where the applicant's academic work was completed or which is part of a training program approved by such educational institution. A minimum of two months of supervised fieldwork experience shall be required for an occupational therapy assistant; and
(c) Has passed an examination as provided in section 38-2520.
(2) In the case of an applicant who has been trained as an occupational therapy assistant in a foreign country, the applicant shall:
(a) Present documentation of completion of an educational program for occupational therapy assistants that is substantially equivalent to an approved program accredited by the Accreditation Council for Occupational Therapy Education or by an equivalent accrediting agency as determined by the board;
(b) Present proof of proficiency in the English language; and
(c) Have passed an examination as provided in section 38-2520.
(3) Residency in this state shall not be a requirement of licensure as an occupational therapy assistant. A corporation, partnership, limited liability company, or association shall not be licensed as an occupational therapy assistant pursuant to the Occupational Therapy Practice Act.
Source
Laws 1984, LB 761, § 35;
Laws 1989, LB 344, § 34;
Laws 1993, LB 121, § 453;
Laws 2003, LB 242, § 140;
R.S.1943, (2003), § 71-6107;
Laws 2007, LB463, § 859;
Laws 2018, LB1034, § 41.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2520 - Examination; requirements.

38-2520.
Examination; requirements.
(1) Each applicant for licensure pursuant to the Occupational Therapy Practice Act shall be examined by a written examination which tests his or her knowledge of the basic and clinical sciences relating to occupational therapy and occupational therapy theory and practice including, but not limited to, professional skills and judgment in the utilization of occupational therapy techniques and methods and such other subjects as the board may deem useful to determine the applicant's fitness to practice. The board shall approve the examination and establish standards for acceptable performance. The board may choose a nationally standardized occupational therapist and occupational therapy assistant entry-level examination.
(2) Applicants for licensure shall be examined at a time and place and under such supervision as the board may determine.
Source
Laws 1984, LB 761, § 36;
Laws 1985, LB 250, § 18;
Laws 1987, LB 473, § 61;
R.S.1943, (2003), § 71-6108;
Laws 2007, LB463, § 860.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2521 - Continuing competency requirements; waiver.

38-2521.
Continuing competency requirements; waiver.
The department, with the recommendation of the board, may waive continuing competency requirements, in part or in total, for any two-year licensing period when a licensee submits documentation that circumstances beyond his or her control prevented completion of such requirements as provided in section 38-146. In addition to circumstances determined by the department to be beyond the licensee's control pursuant to such section, such circumstances shall include situations in which:
(1) The licensee holds a Nebraska license but does not reside or practice in Nebraska;
(2) The licensee has submitted proof that he or she was suffering from a serious or disabling illness or physical disability which prevented completion of the required continuing competency activities during the twenty-four months preceding the license renewal date; and
(3) The licensee has successfully completed two or more semester hours of formal credit instruction biennially offered by a school or college approved by the board which contributes to meeting the requirements of an advanced degree in a postgraduate program relating to occupational therapy.
Source
Laws 1984, LB 761, § 41;
Laws 1994, LB 1223, § 77;
Laws 2001, LB 346, § 2;
Laws 2002, LB 1021, § 96;
Laws 2003, LB 242, § 142;
Laws 2004, LB 1005, § 129;
R.S.Supp.,2006, § 71-6113;
Laws 2007, LB463, § 861;
Laws 2018, LB1034, § 42.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2522 - Applicant for licensure; continuing competency requirements.

38-2522.
Applicant for licensure; continuing competency requirements.
An applicant for licensure to practice as an occupational therapist who has met the education and examination requirements in section 38-2518 or to practice as an occupational therapy assistant who has met the education and examination requirements in section 38-2519, 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, § 862.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2523 - Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.

38-2523.
Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.
(1) An applicant for licensure to practice as an occupational therapist or to practice as an occupational therapy 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, § 863;
Laws 2017, LB88, § 83.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2524 - Fees.

38-2524.
Fees.
The department shall establish and collect fees for credentialing activities under the Occupational Therapy Practice Act as provided in sections 38-151 to 38-157.
Source
Laws 1984, LB 761, § 42;
Laws 1986, LB 926, § 63;
Laws 1988, LB 1100, § 177;
Laws 1992, LB 1019, § 92;
Laws 1994, LB 1223, § 78;
Laws 2003, LB 242, § 143;
R.S.1943, (2003), § 71-6114;
Laws 2007, LB463, § 864.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2525 - Occupational therapy aide; supervision requirements.

38-2525.
Occupational therapy aide; supervision requirements.
An occupational therapy aide shall function under the guidance and responsibility of an occupational therapist and may be supervised by an occupational therapist or an occupational therapy assistant for specifically selected routine tasks for which the aide has been trained and has demonstrated competence. The aide shall comply with supervision requirements developed by the board. The board shall develop supervision requirements for aides which are consistent with prevailing professional standards.
Source
Laws 2004, LB 1005, § 123;
R.S.Supp.,2006, § 71-6117;
Laws 2007, LB463, § 865.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2526 - Occupational therapist; services authorized.

38-2526.
Occupational therapist; services authorized.
An occupational therapist may perform the following services:
(1) Evaluate, develop, improve, sustain, or restore skills in activities of daily living, work activities, or productive activities, including instrumental activities of daily living, and play and leisure activities;
(2) Evaluate, develop, remediate, or restore sensorimotor, cognitive, or psychosocial components of performance;
(3) Design, fabricate, apply, or train in the use of assistive technology or orthotic devices and train in the use of prosthetic devices;
(4) Adapt environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles;
(5) If certified pursuant to section 38-2530, apply physical agent modalities as an adjunct to or in preparation for engagement in occupations when applied by a practitioner who has documented evidence of possessing the theoretical background and technical skills for safe and competent use;
(6) Evaluate and provide intervention in collaboration with the client, family, caregiver, or others;
(7) Educate the client, family, caregiver, or others in carrying out appropriate nonskilled interventions; and
(8) Consult with groups, programs, organizations, or communities to provide population-based services.
Source
Laws 2004, LB 1005, § 124;
R.S.Supp.,2006, § 71-6118;
Laws 2007, LB463, § 866.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2527 - Occupational therapy assistant; supervision required.

38-2527.
Occupational therapy assistant; supervision required.
An occupational therapy assistant may deliver occupational therapy services enumerated in section 38-2526 in collaboration with and under the supervision of an occupational therapist.
Source
Laws 2004, LB 1005, § 125;
R.S.Supp.,2006, § 71-6119;
Laws 2007, LB463, § 867.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2528 - Referrals.

38-2528.
Referrals.
(1) An occupational therapist may accept a referral from a licensed health care professional for the purpose of evaluation and rehabilitative treatment which may include, but not be limited to, consultation, rehabilitation, screening, prevention, and patient education services.
(2) Referrals may be for an individual case or may be for an established treatment program that includes occupational therapy services. If programmatic, the individual shall meet the criteria for admission to the program and protocol for the treatment program shall be established by the treatment team members.
(3) Referrals shall be in writing, except that oral referrals may be accepted if they are followed by a written and signed request of the person making the referral within thirty days after the day on which the patient consults with the occupational therapist.
Source
Laws 2004, LB 1005, § 126;
R.S.Supp.,2006, § 71-6120;
Laws 2007, LB463, § 868.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2529 - Direct access to services.

38-2529.
Direct access to services.
The public may have direct access to occupational therapy services.
Source
Laws 2004, LB 1005, § 127;
R.S.Supp.,2006, § 71-6121;
Laws 2007, LB463, § 869.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2530 - Physical agent modalities; certification required.

38-2530.
Physical agent modalities; certification required.
(1) In order to apply physical agent modalities, an occupational therapist shall be certified pursuant to this section. The department shall issue a certificate to an occupational therapist to administer a physical agent modality if the occupational therapist:
(a) Has successfully completed a training course approved by the board and passed an examination approved by the board on the physical agent modality;
(b) Is certified as a hand therapist by the Hand Therapy Certification Commission or other equivalent entity recognized by the board;
(c) Has a minimum of five years of experience in the use of the physical agent modality and has passed an examination approved by the board on the physical agent modality; or
(d) Has completed education during a basic educational program which included demonstration of competencies for application of the physical agent modality.
(2) The department shall issue a certificate to authorize an occupational therapy assistant to set up and implement treatment using superficial thermal agent modalities if the occupational therapy assistant has successfully completed a training course approved by the board and passed an examination approved by the board. Such set up and implementation shall only be done under the onsite supervision of an occupational therapist certified to administer superficial thermal agent modalities.
(3) An occupational therapist shall not delegate evaluation, reevaluation, treatment planning, and treatment goals for physical agent modalities to an occupational therapy assistant.
Source
Laws 2004, LB 1005, § 128;
R.S.Supp.,2006, § 71-6122;
Laws 2007, LB463, § 870.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2531 - Rules and regulations.

38-2531.
Rules and regulations.
(1) The board shall adopt and promulgate rules and regulations regarding role delineation for occupational therapy assistants and continuing competency requirements. Continuing education is sufficient to meet continuing competency requirements. Such requirements may also include, but not be limited to, one or more of the continuing competency activities listed in section 38-145 which a licensed person may select as an alternative to continuing education.
(2) The board may adopt and promulgate rules and regulations governing the training courses for an occupational therapist to be certified to administer a physical agent modality. The board may adopt and promulgate rules and regulations governing the training course for an occupational therapy assistant to be certified to set up and implement superficial thermal agent modalities. In adopting such rules and regulations, the board shall give consideration to the levels of training and experience which are required, in the opinion of the board, to protect the public health, safety, and welfare and to insure, to the greatest extent possible, the efficient, adequate, and safe practice of occupational therapy. Such rules and regulations shall include the approval of examinations and the passing score for such examinations for certification.
Source
Laws 2004, LB 1005, § 130;
Laws 2005, LB 244, § 1;
R.S.Supp.,2006, § 71-6123;
Laws 2007, LB463, § 871.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2602 - Definitions, where found.

38-2602.
Definitions, where found.
For purposes of the Optometry Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2603 to 38-2605 apply.
Source
Laws 2007, LB463, § 874.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2604 - Pharmaceutical agents, defined.

38-2604.
Pharmaceutical agents, defined.
(1) Pharmaceutical agents, for diagnostic purposes, means anesthetics, cycloplegics, and mydriatics.
(2) Pharmaceutical agents, for therapeutic purposes, means topical ophthalmic pharmaceutical agents which treat eye diseases, infection, inflammation, and superficial abrasions, or oral analgesics, including oral analgesics enumerated in Schedules III and IV of section 28-405 necessary to treat conditions of the eye, ocular adnexa, or visual system, or oral pharmaceutical agents for the treatment of diseases or infections of the eye, ocular adnexa, or visual system, or oral anti-inflammatory agents to treat conditions of the eye, ocular adnexa, or visual system.
(3) Pharmaceutical agents, for therapeutic purposes, includes an epinephrine autoinjector for treatment of anaphylaxis and an oral steroid, oral glaucoma agent, or oral immunosuppressive agent.
Source
Laws 1979, LB 9, § 4;
Laws 1986, LB 131, § 2;
Laws 1993, LB 429, § 4;
Laws 1998, LB 369, § 4;
R.S.1943, (2003), § 71-1,135.01;
Laws 2007, LB463, § 876;
Laws 2014, LB526, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2605 - Practice of optometry, defined.

38-2605.
Practice of optometry, defined.
(1) The practice of optometry means one or a combination of the following:
(a) The examination of the human eye to diagnose, treat, or refer for consultation or treatment any abnormal condition of the human eye, ocular adnexa, or visual system;
(b) The employment of instruments, devices, pharmaceutical agents, and procedures intended for the purpose of investigating, examining, diagnosing, treating, managing, or correcting visual defects or abnormal conditions of the human eye, ocular adnexa, or visual system;
(c) The prescribing and application of lenses, devices containing lenses, prisms, contact lenses, ophthalmic devices, orthoptics, vision training, pharmaceutical agents, and prosthetic devices to correct, relieve, or treat defects or abnormal conditions of the human eye, ocular adnexa, or visual system;
(d) The dispensing and sale of a contact lens, including a cosmetic or plano contact lens or a contact lens containing an ocular pharmaceutical agent which an optometrist is authorized by law to prescribe and which is classified by the federal Food and Drug Administration as a drug;
(e) The ordering of procedures and laboratory tests rational to the diagnosis or treatment of conditions or diseases of the human eye, ocular adnexa, or visual system; and
(f) The removal of superficial eyelid, conjunctival, and corneal foreign bodies.
(2) The practice of optometry does not include the use of surgery, the use of laser surgery, or the treatment of infantile/congenital glaucoma, which means the condition is present at birth.
Source
Laws 1927, c. 167, § 111, p. 487;
C.S.1929, § 71-1601;
R.S.1943, § 71-1,133;
Laws 1979, LB 9, § 1;
Laws 1986, LB 131, § 1;
Laws 1987, LB 116, § 1;
Laws 1993, LB 429, § 2;
Laws 1998, LB 369, § 1;
R.S.1943, (2003), § 71-1,133;
Laws 2007, LB236, § 20;
Laws 2007, LB463, § 877;
Laws 2010, LB849, § 6;
Laws 2014, LB526, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2607 - Practice of optometry; activities not included.

38-2607.
Practice of optometry; activities not included.
The practice of optometry shall not be construed to:
(1) Include merchants or dealers who sell glasses as merchandise in an established place of business or who sell contact lenses from a prescription for contact lenses written by an optometrist or a person licensed to practice medicine and surgery and who do not profess to be optometrists or practice optometry;
(2) Restrict, expand, or otherwise alter the scope of practice governed by other statutes; or
(3) Include the performance by an optometric assistant, under the supervision of a licensed optometrist, of duties prescribed in accordance with rules and regulations adopted and promulgated by the department, with the recommendation of the board.
Source
Laws 1927, c. 167, § 112, p. 487;
C.S.1929, § 71-1602;
R.S.1943, § 71-1,134;
Laws 1979, LB 9, § 2;
Laws 1998, LB 369, § 2;
Laws 2002, LB 1062, § 30;
R.S.1943, (2003), § 71-1,134;
Laws 2007, LB236, § 21;
Laws 2007, LB463, § 879.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2608 - Optometry; license; requirements.

38-2608.
Optometry; license; requirements.
Every applicant for a license to practice optometry shall: (1) Present proof that he or she is a graduate of an accredited school or college of optometry; and (2) pass an examination approved by the board. The examination shall cover all subject matter included in the practice of optometry.
Source
Laws 1927, c. 167, § 113, p. 487;
C.S.1929, § 71-1603;
R.S.1943, § 71-1,135;
Laws 1979, LB 9, § 3;
Laws 1989, LB 323, § 3;
Laws 1998, LB 369, § 3;
Laws 1999, LB 828, § 95;
R.S.1943, (2003), § 71-1,135;
Laws 2007, LB236, § 22;
Laws 2007, LB463, § 880.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2609 - Applicant for licensure based on license outside the state; requirements; military spouse; temporary license.

38-2609.
Applicant for licensure based on license outside the state; requirements; military spouse; temporary license.
(1) In addition to the standards set by the board pursuant to section 38-126, an applicant for licensure based on a license in another state or territory of the United States or the District of Columbia must have been actively engaged in the practice of optometry for at least two of the three years immediately preceding the application for licensure in Nebraska and must provide satisfactory evidence of being credentialed in such other jurisdiction at a level with requirements that are at least as stringent as or more stringent than the requirements for the comparable credential being applied for in this state.
(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, § 881;
Laws 2008, LB972, § 1;
Laws 2017, LB88, § 84.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2610 - License; renewal; statement as to use of pharmaceutical agents.

38-2610.
License; renewal; statement as to use of pharmaceutical agents.
In issuing a license or renewal, the department, with the recommendation of the board, shall state whether such person licensed in the practice of optometry has been certified to use pharmaceutical agents pursuant to section 38-2613, 38-2614, or 38-2615 and shall determine an appropriate means to further identify those persons who are certified in the diagnostic use of such agents or the therapeutic use of such agents.
Source
Laws 1979, LB 9, § 7;
Laws 1986, LB 131, § 4;
Laws 1993, LB 429, § 5;
Laws 1998, LB 369, § 7;
Laws 1999, LB 828, § 98;
R.S.1943, (2003), § 71-1,135.04;
Laws 2007, LB236, § 24;
Laws 2007, LB463, § 882.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2611 - Continuing competency requirements; waiver.

38-2611.
Continuing competency requirements; waiver.
The department, with the recommendation of the board, may waive continuing competency requirements, in part or in total, for any two-year licensing period when a credential holder submits documentation that circumstances beyond his or her control prevented completion of such requirements as provided in section 38-146. In addition to circumstances determined by the department to be beyond the credential holder's control pursuant to such section, such circumstances shall include situations in which:
(1) The credential holder has submitted proof that he or she was suffering from a serious or disabling illness or physical disability which prevented completion of the required continuing competency activities during the twenty-four months preceding the renewal date; or
(2) The credential holder was initially licensed within the twenty-six months immediately preceding the renewal date.
Source
Laws 1965, c. 415, § 2, p. 1325;
Laws 1985, LB 250, § 14;
Laws 1986, LB 926, § 46;
Laws 1988, LB 1100, § 42;
Laws 1997, LB 307, § 123;
Laws 1999, LB 828, § 99;
Laws 2001, LB 209, § 10;
Laws 2002, LB 1021, § 21;
R.S.1943, (2003), § 71-1,136.01;
Laws 2007, LB236, § 27;
Laws 2007, LB463, § 883;
Laws 2008, LB972, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2613 - Optometrist; diagnostic pharmaceutical agents; use; certification.

38-2613.
Optometrist; diagnostic pharmaceutical agents; use; certification.
(1) An optometrist licensed in this state may use topical ocular pharmaceutical agents for diagnostic purposes authorized under subdivision (1)(b) of section 38-2605, if such person is certified by the department, with the recommendation of the board, as qualified to use topical ocular pharmaceutical agents for diagnostic purposes.
(2) Such certification shall require (a) satisfactory completion of a pharmacology course at an institution accredited by an accrediting organization which is recognized by the United States Department of Education and approved by the board and passage of an examination approved by the board or (b) evidence provided by the optometrist of certification in another state for use of diagnostic pharmaceutical agents which is deemed by the board as satisfactory validation of such qualifications.
Source
Laws 1979, LB 9, § 5;
Laws 1986, LB 131, § 3;
Laws 1987, LB 116, § 2;
Laws 1988, LB 1100, § 41;
Laws 1994, LB 987, § 1;
Laws 1996, LB 1044, § 439;
Laws 1998, LB 369, § 5;
Laws 1999, LB 828, § 96;
Laws 2003, LB 242, § 50;
R.S.1943, (2003), § 71-1,135.02;
Laws 2007, LB236, § 23;
Laws 2007, LB247, § 73;
Laws 2007, LB296, § 341;
Laws 2007, LB463, § 885;
Laws 2021, LB528, § 9.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2614 - Optometrist; therapeutic pharmaceutical agents; certification of courses of instruction; board approval.

38-2614.
Optometrist; therapeutic pharmaceutical agents; certification of courses of instruction; board approval.
(1) An optometrist licensed in this state may use topical ocular pharmaceutical agents for therapeutic purposes authorized under subdivision (1)(b) or (c) of section 38-2605 if such person is certified by the department, with the recommendation of the board, as qualified to use ocular pharmaceutical agents for therapeutic purposes, including the treatment of glaucoma.
(2) In order to be certified by the department under subsection (1) of this section, the optometrist shall show (a) satisfactory completion of classroom education and clinical training which emphasizes the examination, diagnosis, and treatment of the eye, ocular adnexa, and visual system offered by a school or college approved by the board and passage of an examination approved by the board or (b) evidence of certification in another state for the use of therapeutic pharmaceutical agents which is deemed by the board as satisfactory validation of such qualifications.
Source
Laws 2007, LB247, § 74;
Laws 2007, LB463, § 886;
Laws 2014, LB526, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-2615 - Optometrist; applicability of requirements.

38-2615.
Optometrist; applicability of requirements.
After January 1, 2000, only an optometrist licensed in this state prior to April 30, 1987, may practice optometry without meeting the requirements and obtaining certification required by sections 38-2613 and 38-2614.
Source
Laws 2007, LB247, § 75;
Laws 2007, LB463, § 887.