reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-189 - Credential; discipline; hearing; notice; how served.

38-189.
Credential; discipline; hearing; notice; how served.
Notice of the filing of a petition pursuant to section 38-186 and of the time and place of hearing shall be served upon the credential holder at least ten days before the hearing. The notice may be served by any method specified in section 25-505.01, or the director 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.
Source
Laws 1927, c. 167, § 53, p. 468;
C.S.1929, § 71-608;
R.S.1943, § 71-154;
Laws 1986, LB 286, § 51;
Laws 1986, LB 579, § 43;
Laws 1991, LB 456, § 13;
Laws 1994, LB 1210, § 32;
R.S.1943, (2003), § 71-154;
Laws 2007, LB463, § 89.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-190 - Petition for disciplinary action; disposition prior to order; methods; Attorney General; duties.

38-190.
Petition for disciplinary action; disposition prior to order; methods; Attorney General; duties.
(1) Any petition filed pursuant to section 38-186 may, at any time prior to the entry of any order by the director, be disposed of by stipulation, agreed settlement, consent order, or similar method as agreed to between the parties. A proposed settlement shall be submitted and considered in camera and shall not be a public record unless accepted by the director. The director may review the input provided to the Attorney General by the board pursuant to subsection (2) of this section. If the settlement is acceptable to the director, he or she shall make it the sole basis of any order he or she enters in the matter, and it may be modified or added to by the director only upon the mutual consent of both of the parties thereto. If the settlement is not acceptable to the director, it shall not be admissible in any subsequent hearing and it shall not be considered in any manner as an admission.
(2) The Attorney General shall not enter into any agreed settlement or dismiss any petition without first having given notice of the proposed action and an opportunity to the appropriate board to provide input into the terms of the settlement or on dismissal. The board shall have fifteen days from the date of the Attorney General's request to respond, but the recommendation of the board, if any, shall not be binding on the Attorney General. Meetings of the board for such purpose shall be in closed session, and any recommendation by the board to the Attorney General shall not be a public record until the pending action is complete, except that if the director reviews the input provided to the Attorney General by the board as provided in subsection (1) of this section, the credential holder shall also be provided a copy of the input and opportunity to respond in such manner as the director determines.
Source
Laws 1976, LB 877, § 8;
Laws 1988, LB 1100, § 22;
Laws 1991, LB 456, § 16;
Laws 1994, LB 1223, § 8;
Laws 1996, LB 1044, § 389;
Laws 1999, LB 828, § 44;
R.S.1943, (2003), § 71-161.03;
Laws 2007, LB296, § 311;
Laws 2007, LB463, § 90.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-191 - Credential; disciplinary action; hearing; failure to appear; effect.

38-191.
Credential; disciplinary action; hearing; failure to appear; effect.
If a credential holder fails to appear, either in person or by counsel, at the time and place designated in the notice required by section 38-189, the director, after receiving satisfactory evidence of the truth of the charges, shall order the credential revoked or suspended or shall take any or all of the other appropriate disciplinary measures authorized by section 38-196 against the credential.
Source
Laws 1927, c. 167, § 55, p. 468;
C.S.1929, § 71-610;
R.S.1943, § 71-156;
Laws 1976, LB 877, § 4;
Laws 1986, LB 286, § 54;
Laws 1986, LB 579, § 46;
Laws 1994, LB 1210, § 34;
Laws 1996, LB 1044, § 385;
R.S.1943, (2003), § 71-156;
Laws 2007, LB296, § 309;
Laws 2007, LB463, § 91.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-192 - Credential; disciplinary action; director; sanctions; powers.

38-192.
Credential; disciplinary action; director; sanctions; powers.
(1) If the director determines upon completion of a hearing under section 38-183 or 38-186 that a violation has occurred, the director may, at his or her discretion, consult with the appropriate board concerning sanctions to be imposed or terms and conditions of the sanctions. When the director consults with a board, the credential holder and the Attorney General shall be provided with a copy of the director's request, the recommendation of the board, and an opportunity to respond in such manner as the director determines.
(2) Except as provided in subsection (3) of this section, the director shall have the authority through entry of an order to exercise in his or her discretion any or all of the sanctions authorized under subsection (1) of section 38-196.
(3) If the director determines upon completion of a hearing under section 38-183 or 38-186 that a licensee has performed or induced an unlawful abortion in violation of section 71-6915, the director shall enter an order imposing a sanction authorized under subsection (2) of section 38-196.
Source
Laws 2007, LB463, § 92;
Laws 2023, LB574, § 9.
Operative Date: May 23, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-193 - Credential; disciplinary action; partial-birth abortion; violation of Preborn Child Protection Act; director; powers and duties.

38-193.
Credential; disciplinary action; partial-birth abortion; violation of Preborn Child Protection Act; director; powers and duties.
(1) If the petition is brought with respect to subdivision (3) of section 38-2021, the director shall make findings as to whether the licensee's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. The director shall have the authority through entry of an order to exercise in his or her discretion any or all of the sanctions authorized under section 38-196, irrespective of the petition.
(2) If the petition is brought with respect to subdivision (5) of section 38-2021, the director shall make findings as to whether the licensee performed or induced an unlawful abortion in violation of section 71-6915. If the director finds such a violation, the director shall enter an order revoking the licensee's credential to practice pursuant to the Uniform Credentialing Act in the State of Nebraska in accordance with subsection (2) of section 38-196 and section 38-1,100.
Source
Laws 2007, LB463, § 93;
Laws 2023, LB574, § 10.
Operative Date: May 23, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-194 - Credential; disciplinary action; costs; how taxed.

38-194.
Credential; disciplinary action; costs; how taxed.
If the order issued regarding discipline of a credential is adverse to the credential holder, the costs shall be charged to him or her as in ordinary civil actions in the district court, but if the state is the unsuccessful party, the costs shall be paid out of any money in the Professional and Occupational Credentialing Cash Fund available for that purpose. Witness fees and costs may be taxed according to the rules prevailing in the district court.
Source
Laws 1927, c. 167, § 56, p. 468;
C.S.1929, § 71-611;
R.S.1943, § 71-157;
Laws 1986, LB 286, § 55;
Laws 1986, LB 579, § 47;
Laws 1994, LB 1210, § 35;
Laws 1996, LB 1044, § 386;
Laws 1997, LB 307, § 118;
Laws 2003, LB 242, § 21;
R.S.1943, (2003), § 71-157;
Laws 2007, LB463, § 94.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-195 - Credential; disciplinary action; costs; when not collectible; how paid.

38-195.
Credential; disciplinary action; costs; when not collectible; how paid.
All costs accrued at the instance of the state when it is the successful party in a proceeding to discipline a credential, which the Attorney General certifies cannot be collected from the defendant, shall be paid out of any available funds in the Professional and Occupational Credentialing Cash Fund.
Source
Laws 1927, c. 167, § 57, p. 468;
C.S.1929, § 71-612;
R.S.1943, § 71-158;
Laws 1996, LB 1044, § 387;
Laws 1997, LB 307, § 119;
Laws 2003, LB 242, § 22;
R.S.1943, (2003), § 71-158;
Laws 2007, LB463, § 95.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-196 - Credential; disciplinary action; sanctions authorized.

38-196.
Credential; disciplinary action; sanctions authorized.
(1) Except as provided in subsection (2) of this section, upon the completion of any hearing held regarding discipline of a credential, the director may dismiss the action or impose any of the following sanctions:
(a) Censure;
(b) Probation;
(c) Limitation;
(d) Civil penalty;
(e) Suspension; or
(f) Revocation.
(2) Upon completion of any hearing regarding discipline of a credential for performing or inducing an unlawful abortion in violation of section 71-6915, if the director determines that such violation occurred, the director shall impose a sanction of revocation in accordance with section 38-1,100.
Source
Laws 1927, c. 167, § 54, p. 468;
C.S.1929, § 71-609;
Laws 1943, c. 150, § 13, p. 544;
R.S.1943, § 71-155;
Laws 1976, LB 877, § 3;
Laws 1984, LB 481, § 20;
Laws 1986, LB 286, § 52;
Laws 1986, LB 579, § 44;
Laws 1986, LB 926, § 28;
Laws 1988, LB 1100, § 20;
Laws 1991, LB 456, § 14;
Laws 1994, LB 1210, § 33;
Laws 1994, LB 1223, § 7;
Laws 1996, LB 1044, § 384;
Laws 1997, LB 23, § 6;
Laws 1999, LB 828, § 43;
R.S.1943, (2003), § 71-155;
Laws 2007, LB296, § 307;
Laws 2007, LB463, § 96;
Laws 2023, LB574, § 11.
Operative Date: May 23, 2023
Annotations
While a $10,000 fine imposed under this section may well serve a punitive purpose in certain cases, it will not be assumed in a vacuum that a potential fine not actually imposed could serve only primarily punitive purposes. State v. Wolf, 250 Neb. 352, 549 N.W.2d 183 (1996).
The power of courts to review the action of a professional board of examiners in its refusal to recommend reinstatement of a revoked license is not decided, but if such power exists, it is limited to a determination based on whether or not the board's action was arbitrary or capricious. Coil v. Department of Health, 189 Neb. 606, 204 N.W.2d 167 (1973).
Summary equity proceeding for revocation of physician's license was sustained. State ex rel. Sorensen v. Lake, 121 Neb. 331, 236 N.W. 762 (1931).
Under former law, proceedings before the state board were summary in nature and technical rules for trial were disregarded. Munk v. Frink, 81 Neb. 631, 116 N.W. 525 (1908), 17 L.R.A.N.S. 439 (1908).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-197 - Credential; disciplinary action; additional terms and conditions of discipline.

38-197.
Credential; disciplinary action; additional terms and conditions of discipline.
If any discipline is imposed pursuant to section 38-196, the director may, in addition to any other terms and conditions of that discipline:
(1) Require the credential holder to obtain additional professional training and to pass an examination upon the completion of the training. The examination may be written or oral or both and may be a practical or clinical examination or both or any or all of such combinations of written, oral, practical, and clinical, at the option of the director;
(2) Require the credential holder to submit to a complete diagnostic examination by one or more physicians or other qualified professionals appointed by the director. If the director requires the credential holder to submit to such an examination, the director shall receive and consider any other report of a complete diagnostic examination given by one or more physicians or other qualified professionals of the credential holder's choice if the credential holder chooses to make available such a report or reports by his or her physician or physicians or other qualified professionals; and
(3) Limit the extent, scope, or type of practice of the credential holder.
Source
Laws 1976, LB 877, § 7;
Laws 1986, LB 286, § 56;
Laws 1986, LB 579, § 48;
Laws 1991, LB 456, § 15;
Laws 1994, LB 1210, § 36;
Laws 1996, LB 1044, § 388;
R.S.1943, (2003), § 71-161.02;
Laws 2007, LB296, § 310;
Laws 2007, LB463, § 97.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-198 - Civil penalty; manner of collection; attorney's fees and costs; disposition.

38-198.
Civil penalty; manner of collection; attorney's fees and costs; disposition.
If a civil penalty is imposed pursuant to section 38-196, it shall not exceed twenty thousand dollars. Any civil penalty assessed and unpaid shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property. The department may also collect in such action attorney's fees and costs incurred in the collection of the civil penalty. The department shall, within thirty days from receipt, remit any collected civil penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 1986, LB 926, § 29;
R.S.1943, (2003), § 71-155.03;
Laws 2007, LB463, § 98.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-199 - Credential; disciplinary action; suspension; effect.

38-199.
Credential; disciplinary action; suspension; effect.
If suspension is imposed pursuant to section 38-196, the credential holder shall not engage in the practice of a profession during the time for which the credential is suspended. The suspension shall be for a definite period of time to be set by the director. The director may provide that the credential shall be (1) automatically reinstated upon expiration of such period, (2) reinstated if the terms and conditions as set by the director are satisfied, or (3) reinstated subject to probation or limitations or conditions upon the practice of the credential holder.
Source
Laws 2007, LB463, § 99.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,100 - Credential; disciplinary action; revocation; effect.

38-1,100.
Credential; disciplinary action; revocation; effect.
If revocation is imposed pursuant to section 38-196, the credential holder shall not engage in the practice of the profession after a credential to practice such profession is revoked. Such revocation shall be for all times, except that at any time after the expiration of two years, application may be made for reinstatement pursuant to section 38-148.
Source
Laws 2007, LB463, § 100.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,101 - Contested cases; chief medical officer; duties.

38-1,101.
Contested cases; chief medical officer; duties.
If a chief medical officer is appointed pursuant to section 81-3115, he or she shall perform the duties of the director for decisions in contested cases under the Uniform Credentialing Act other than contested cases under sections 38-1,119 to 38-1,123.
Source
Laws 1997, LB 622, § 78;
Laws 2001, LB 398, § 21;
Laws 2003, LB 245, § 11;
R.S.1943, (2003), § 71-155.01;
Laws 2007, LB296, § 308;
Laws 2007, LB463, § 101.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,102 - Appeal; procedure.

38-1,102.
Appeal; procedure.
Both parties to disciplinary proceedings under the Uniform Credentialing Act shall have the right of appeal, and the appeal shall be in accordance with the Administrative Procedure Act. The case shall be heard at a time fixed by the district court. It shall be advanced and take precedence over all other cases upon the court calendar except worker's compensation and criminal cases.
Source
Laws 1927, c. 167, § 58, p. 469;
C.S.1929, § 71-613;
Laws 1943, c. 150, § 14, p. 544;
R.S.1943, § 71-159;
Laws 1976, LB 877, § 5;
Laws 1988, LB 352, § 113;
R.S.1943, (2003), § 71-159;
Laws 2007, LB463, § 102.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
The power of courts to review the action of a professional board of examiners in its refusal to recommend reinstatement of a revoked license is not decided, but if such power exists, it is limited to a determination based on whether or not the board's action was arbitrary or capricious. Coil v. Department of Health, 189 Neb. 606, 204 N.W.2d 167 (1973).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,103 - Consultant to department from board; authorized.

38-1,103.
Consultant to department from board; authorized.
A board may designate one of its professional members to serve as a consultant to the department in reviewing complaints and on issues of professional practice that may arise during the course of an investigation. Such consultation shall not be required for the department to evaluate a complaint or to proceed with an investigation. A board may also recommend or confer with a consultant member of its profession to assist the board or department on issues of professional practice.
Source
Laws 2007, LB463, § 103.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,104 - Complaint; decision not to investigate; notice; review; notice to credential holder; when.

38-1,104.
Complaint; decision not to investigate; notice; review; notice to credential holder; when.
(1) If the department determines that a complaint will not be investigated, the department shall notify the complainant of such determination. At the request of the complainant, the appropriate board may review the complaint and provide its recommendation to the department on whether the complaint merits investigation.
(2) The department shall notify the credential holder that a complaint has been filed and that an investigation will be conducted except when the department determines that such notice may prejudice an investigation.
Source
Laws 2007, LB463, § 104.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,105 - Investigations; department; progress reports to appropriate board; board review; board; powers and duties; review by Attorney General; meetings in closed session.

38-1,105.
Investigations; department; progress reports to appropriate board; board review; board; powers and duties; review by Attorney General; meetings in closed session.
(1) The department shall advise the appropriate board on the progress of investigations. If requested by the complainant, the identity of the complainant shall not be released to the board.
(2) When the department determines that an investigation is complete, the department shall consult with the board to obtain its recommendation for submission to the Attorney General. In making a recommendation, the board may review all investigative reports and have full access to the investigational file of the department and any previous investigational information in the files of the department on the credential holder that may be relevant to the investigation, except that (a) reports or other documents of any law enforcement agency provided to the department shall not be available for board review except to the extent such law enforcement agency gives permission for release to the board and (b) reports provided by any other agency or public or private entity, which reports are confidential in that agency's or entity's possession and are provided with the express expectation that the report will not be disclosed, may be withheld from board review.
(3) The recommendation of the board shall be made part of the completed investigational report of the department and submitted to the Attorney General. The recommendation of the board shall include, but not be limited to:
(a) The specific violations of any statute, rule, or regulation that the board finds substantiated based upon the investigation;
(b) Matters which the board believes require additional investigation; and
(c) The disposition or possible dispositions that the board believes appropriate under the circumstances.
(4) If the department and the board disagree on the basis for investigation or if the board recommends additional investigation and the department and board disagree on the necessity of additional investigation, the matter shall be forwarded to the Attorney General for review and determination.
(5) All meetings of the boards or between a board and staff of the department or the Attorney General on investigatory matters shall be held in closed session, including the voting of the board on any matter pertaining to the investigation or recommendation.
Source
Laws 2007, LB463, § 105.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,106 - Reports, complaints, and records not public records; limitations on use; prohibited disclosure; penalty; application material; how treated; confidentiality.

38-1,106.
Reports, complaints, and records not public records; limitations on use; prohibited disclosure; penalty; application material; how treated; confidentiality.
(1) Reports under sections 38-1,129 to 38-1,136, complaints, and investigational records of the department shall not be public records, shall not be subject to subpoena or discovery, and shall be inadmissible in evidence in any legal proceeding of any kind or character except a contested case before the department. Such reports, complaints, or records shall be a public record if made part of the record of a contested case before the department. No person, including, but not limited to, department employees and members of a board, having access to such reports, complaints, or investigational records shall disclose such information in violation of this section, except that the department may exchange such information with law enforcement and other state licensing agencies as necessary and appropriate in the discharge of the department's duties and only under circumstances to ensure against unauthorized access to such information. Violation of this subsection is a Class I misdemeanor.
(2) Investigational records, reports, and files pertaining to an application for a credential shall not be a public record until action is taken to grant or deny the application and may be withheld from disclosure thereafter under section 84-712.05.
(3) The identity of any person making a report, providing information leading to the making of a report, or otherwise providing information to the department, a board, or the Attorney General included in such reports, complaints, or investigational records shall be confidential whether or not the record of the investigation becomes a public record.
Source
Laws 2007, LB463, § 106;
Laws 2016, LB750, § 4.
Annotations
The evidentiary privilege under this section belongs to the Department of Health and Human Services, not the credential holder, and is limited to protecting the department's incident reports, complaints, and investigatory records when they are not included in a contested hearing. It does not preclude discovery of information available independent of the department's investigation. Stetson v. Silverman, 278 Neb. 389, 770 N.W.2d 632 (2009).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,107 - Violations; department; Attorney General; powers and duties; applicability of section.

38-1,107.
Violations; department; Attorney General; powers and duties; applicability of section.
(1) Except as provided in subsection (2) of this section, the department shall provide the Attorney General with a copy of all complaints it receives and advise the Attorney General of investigations it makes which may involve any possible violation of statutes or rules and regulations by a credential holder. The Attorney General shall then determine which, if any, statutes, rules, or regulations the credential holder has violated and the appropriate legal action to take. The Attorney General may (a) elect to file a petition under section 38-186 or not to file a petition, (b) negotiate a voluntary surrender or voluntary limitation pursuant to section 38-1,109, or (c) in cases involving a minor or insubstantial violation, refer the matter to the appropriate board for the opportunity to resolve the matter by recommending to the Attorney General that he or she enter into an assurance of compliance with the credential holder in lieu of filing a petition. An assurance of compliance shall not constitute discipline against a credential holder.
(2) This section does not apply to the following professions or businesses: Asbestos abatement, inspection, project design, and training; lead-based paint abatement, inspection, project design, and training; medical radiography; and radon detection, measurement, and mitigation.
Source
Laws 1984, LB 481, § 2;
Laws 1986, LB 286, § 76;
Laws 1986, LB 579, § 68;
Laws 1991, LB 456, § 25;
Laws 1994, LB 1210, § 52;
Laws 1999, LB 828, § 58;
R.S.1943, (2003), § 71-171.01;
Laws 2007, LB463, § 107;
Laws 2021, LB148, § 50.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,108 - Referral to board; assurance of compliance; recommendation.

38-1,108.
Referral to board; assurance of compliance; recommendation.
Upon referral of a matter under section 38-1,107 by the Attorney General, the board may:
(1) Advise the Attorney General on the content of an agreement to serve as the basis of an assurance of compliance. The Attorney General may contact the credential holder to reach, by voluntary agreement, an assurance of compliance. The assurance shall include a statement of the statute, rule, or regulation in question, a description of the conduct that would violate such statute, rule, or regulation, the assurance of the credential holder that he or she will not engage in such conduct, and acknowledgment by the credential holder that violation of the assurance constitutes unprofessional conduct. Such assurance shall be signed by the credential holder and shall become a part of the public record of the credential holder. The credential holder shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission; or
(2) Recommend that the Attorney General file a petition under section 38-186.
Source
Laws 1991, LB 456, § 26;
Laws 1994, LB 1210, § 53;
Laws 1997, LB 23, § 7;
Laws 1999, LB 828, § 59;
R.S.1943, (2003), § 71-171.02;
Laws 2007, LB463, § 108.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,111 - Credential; disciplinary action because of physical or mental disability; duration; when issued, returned, or reinstated; manner.

38-1,111.
Credential; disciplinary action because of physical or mental disability; duration; when issued, returned, or reinstated; manner.
(1) The denial, refusal of renewal, limitation, or suspension of a credential as provided in section 38-1,110 shall continue in effect until reversed on appeal pursuant to section 38-1,113 or until the cause of such denial, refusal of renewal, limitation, or suspension no longer exists and the appropriate board finds, upon competent examination or evaluation by a qualified physician or other qualified professional selected or approved by the department, that the applicant or credential holder is qualified to engage in the practice of the profession. The cost of the examination or evaluation shall be paid by the applicant or credential holder.
(2) Upon such finding the director, notwithstanding the provision of any other statute, shall issue, return, or reinstate such credential or remove any limitation on such credential if the applicant or credential holder is otherwise qualified as determined by the appropriate board to practice or to continue in the practice of the profession.
Source
Laws 1976, LB 877, § 19;
Laws 1986, LB 286, § 66;
Laws 1986, LB 579, § 58;
Laws 1994, LB 1210, § 43;
Laws 1996, LB 1044, § 394;
Laws 1999, LB 828, § 50;
R.S.1943, (2003), § 71-161.14;
Laws 2007, LB296, § 316;
Laws 2007, LB463, § 111.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,112 - Refusal to submit to physical or mental examination or chemical dependency evaluation; effect.

38-1,112.
Refusal to submit to physical or mental examination or chemical dependency evaluation; effect.
Refusal of an applicant or credential holder to submit to a physical or mental examination or chemical dependency evaluation requested by the appropriate board or the department pursuant to section 38-1,110 or 38-1,111 to determine his or her qualifications to practice or to continue in the practice of the profession for which application was made or for which he or she is credentialed by the department shall be just cause for denial of the application or for refusal of renewal or suspension of his or her credential automatically by the director until such examination or evaluation has been made.
Source
Laws 1976, LB 877, § 20;
Laws 1986, LB 286, § 67;
Laws 1986, LB 579, § 59;
Laws 1994, LB 1210, § 44;
Laws 1996, LB 1044, § 395;
Laws 1999, LB 828, § 51;
R.S.1943, (2003), § 71-161.15;
Laws 2007, LB463, § 112.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,113 - Disciplinary action involving dependence or disability; appeal.

38-1,113.
Disciplinary action involving dependence or disability; appeal.
Any applicant or credential holder shall have the right to request a hearing on an order denying, refusing renewal of, limiting, suspending, or revoking a credential to practice a profession because of abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance that impairs the ability to practice the profession or illness, deterioration, or disability that impairs the ability to practice the profession. Such hearing shall be conducted in accordance with the Administrative Procedure Act. The denial, refusal of renewal, limitation, suspension, or revocation of a credential as provided in section 38-1,110 shall continue in effect until reversed on appeal unless otherwise disposed of pursuant to section 38-1,111.
Source
Laws 1976, LB 877, § 21;
Laws 1986, LB 286, § 68;
Laws 1986, LB 579, § 60;
Laws 1988, LB 352, § 115;
Laws 1991, LB 456, § 21;
Laws 1996, LB 1044, § 396;
Laws 2001, LB 398, § 24;
R.S.1943, (2003), § 71-161.16;
Laws 2007, LB296, § 317;
Laws 2007, LB463, § 113.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,114 - Practicing profession or business without credential; injunction.

38-1,114.
Practicing profession or business without credential; injunction.
Any person engaging in the practice of any profession or business without the appropriate credential may be restrained by temporary and permanent injunctions.
Source
Laws 1927, c. 167, § 63, p. 471;
C.S.1929, § 71-801;
Laws 1943, c. 150, § 17, p. 546;
R.S.1943, § 71-164;
Laws 1994, LB 1210, § 48;
R.S.1943, (2003), § 71-164;
Laws 2007, LB463, § 114.
Annotations
A person engaging in the practice of medicine and surgery without the required statutory license may be restrained by injunction. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941).
Under former statute, an injunction would not lie to prevent an unlicensed chiropractor from practicing, as a criminal action was deemed to afford an adequate remedy at law. State v. Maltby, 108 Neb. 578, 188 N.W. 175 (1922).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,115 - Prima facie evidence of practice without being credentialed; conditions.

38-1,115.
Prima facie evidence of practice without being credentialed; conditions.
It shall be prima facie evidence of practice without being credentialed when any of the following conditions exist:
(1) The person admits to engaging in practice;
(2) Staffing records or other reports from the employer of the person indicate that the person was engaged in practice;
(3) Billing or payment records document the provision of service, care, or treatment by the person;
(4) Service, care, or treatment records document the provision of service, care, or treatment by the person;
(5) Appointment records indicate that the person was engaged in practice;
(6) Government records indicate that the person was engaged in practice; and
(7) The person opens a business or practice site and announces or advertises that the business or site is open to provide service, care, or treatment.
Source
Laws 2007, LB463, § 115;
Laws 2021, LB148, § 51.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,116 - Practicing without credential; operating business without credential; administrative penalty; procedure; disposition; attorney's fees and costs.

38-1,116.
Practicing without credential; operating business without credential; administrative penalty; procedure; disposition; attorney's fees and costs.
(1) The department may assess an administrative penalty of ten dollars per day for each day that evidence exists of practice prior to issuance, renewal after expiration, or reinstatement of a credential to practice a profession or operate a business. The total penalty shall not exceed one thousand dollars.
(2) When the department assesses an administrative penalty, the department shall provide written notice of the assessment to the person. The notice shall be delivered in the manner prescribed by the department and shall include notice of the opportunity for a hearing.
(3) The department shall, within thirty days after receipt, remit an administrative penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska. An administrative penalty assessed and unpaid under this section shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a proper form of action in the name of the state in the district court of the county in which the violator resides or owns property. The department may also collect in such action attorney's fees and costs incurred directly in the collection of the administrative penalty.
Source
Laws 2003, LB 242, § 29;
R.S.1943, (2003), § 71-164.01;
Laws 2007, LB463, § 116.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,117 - False impersonation; fraud; aiding and abetting; use of false documents; penalty.

38-1,117.
False impersonation; fraud; aiding and abetting; use of false documents; penalty.
Any person who (1) presents to the department a document which is false or of which he or she is not the rightful owner for the purpose of procuring a credential, (2) falsely impersonates anyone to whom a credential has been issued by the department, (3) falsely holds himself or herself out to be a person credentialed by the department, (4) aids and abets another who is not credentialed to practice a profession that requires a credential, or (5) files or attempts to file with the department any false or forged diploma, certificate, or affidavit of identification or qualification shall be guilty of a Class IV felony.
Source
Laws 1927, c. 167, § 65, p. 471;
C.S.1929, § 71-803;
R.S.1943, § 71-166;
Laws 1977, LB 39, § 141;
Laws 1986, LB 286, § 73;
Laws 1986, LB 579, § 65;
Laws 1986, LB 926, § 38;
Laws 1994, LB 1210, § 49;
R.S.1943, (2003), § 71-166;
Laws 2007, LB463, § 117.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,118 - General violations; penalty; second offenses; penalty.

38-1,118.
General violations; penalty; second offenses; penalty.
Any person violating any of the provisions of the Uniform Credentialing Act, except as specific penalties are otherwise imposed in the act, shall be guilty of a Class III misdemeanor. Any person for a second violation of any of the provisions of the act, for which another specific penalty is not expressly imposed, shall be guilty of a Class II misdemeanor.
Source
Laws 1927, c. 167, § 66, p. 471;
C.S.1929, § 71-804;
R.S.1943, § 71-167;
Laws 1977, LB 39, § 142;
R.S.1943, (2003), § 71-167;
Laws 2007, LB463, § 118.
Annotations
Each treatment on different days constitutes a separate offense. Harvey v. State, 96 Neb. 786, 148 N.W. 924 (1914).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,119 - Certain professions and businesses; sections applicable; initial credential; renewal of credential; denial or refusal to renew; department; powers.

38-1,119.
Certain professions and businesses; sections applicable; initial credential; renewal of credential; denial or refusal to renew; department; powers.
(1) Sections 38-1,119 to 38-1,123 apply to the following professions and businesses: Asbestos abatement, inspection, project design, and training; lead-based paint abatement, inspection, project design, and training; medical radiography; and radon detection, measurement, and mitigation.
(2) If an applicant for an initial credential to practice a profession or operate a business does not meet all of the requirements for the credential, the department shall deny issuance of the credential. If an applicant for an initial credential or a credential holder applying for renewal of the credential has committed any of the acts set out in section 38-178 or 38-182, as applicable, the department may deny issuance or refuse renewal of the credential or may issue or renew the credential subject to any of the terms imposed under section 38-196 in order to protect the public.
Source
Laws 2007, LB463, § 119;
Laws 2021, LB148, § 52.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,120 - Certain professions and businesses; disciplinary actions; grounds; advice of board; notice; hearing; director; decision; review.

38-1,120.
Certain professions and businesses; disciplinary actions; grounds; advice of board; notice; hearing; director; decision; review.
(1) A credential to practice a profession or operate a business subject to section 38-1,119 may be denied, refused renewal, or have disciplinary measures taken against it in accordance with section 38-196 on any of the grounds set out in section 38-178 or 38-182, as applicable. The department shall obtain the advice of the appropriate board in carrying out these duties. If the department determines to deny, refuse renewal of, or take disciplinary action against a credential, the department shall send to the applicant or credential holder a notice to the last address of record. The notice shall state the determination of the department, the reasons for the determination, a description of the nature of the violation and the statute, rule, or regulation violated, and the nature of the action being taken. The denial, refusal to renew, or disciplinary action shall become final thirty days after the mailing of the notice unless the applicant or credential holder, during such thirty-day period, makes a written request for a hearing.
(2) The hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule and regulation. On the basis of such hearing, the director shall affirm, modify, or rescind the determination of the department. Any party to the decision shall have a right to judicial review under the Administrative Procedure Act.
Source
Laws 2007, LB463, § 120.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,121 - Certain professions and businesses; disciplinary actions; confidentiality; immunity.

38-1,121.
Certain professions and businesses; disciplinary actions; confidentiality; immunity.
A complaint submitted to the department regarding a credential holder subject to section 38-1,119 and the identity of any person making the complaint or providing information leading to the making of the complaint shall be confidential. Such persons shall be immune from criminal or civil liability of any nature, whether direct or derivative, for filing a complaint or for disclosure of documents, records, or other information to the department.
Source
Laws 2007, LB463, § 121;
Laws 2016, LB750, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,122 - Certain professions and businesses; disciplinary actions; emergency; department; powers; hearing; director; decision; review.

38-1,122.
Certain professions and businesses; disciplinary actions; emergency; department; powers; hearing; director; decision; review.
(1) If the department determines that an emergency exists requiring immediate action against a credential subject to section 38-1,119, the department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring such action be taken as the department deems necessary to meet the emergency, including, but not limited to, suspension or limitation of the credential. Such order shall become effective immediately. Any credential holder to whom such order is directed shall comply immediately. Such order shall become final ten days after mailing of the order unless the credential holder, during such period, makes a written request for a hearing.
(2) The hearing shall be held as soon as possible and not later than fifteen days after the request for hearing. The hearing shall be held according to rules and regulations of the department for administrative hearings in contested cases. Witnesses may be subpoenaed by either party and shall be allowed fees at a rate prescribed by rule and regulation. On the basis of such hearing, the director shall affirm, modify, or rescind the order. Any party to the decision shall have a right to judicial review under the Administrative Procedure Act.
Source
Laws 2007, LB463, § 122.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,123 - Certain professions and businesses; disciplinary actions; costs; how paid.

38-1,123.
Certain professions and businesses; disciplinary actions; costs; how paid.
If an order issued after a hearing under section 38-1,120 or 38-1,122 is adverse to the credential holder, the costs shall be charged to him or her as in ordinary civil actions in the district court, but if the department is the unsuccessful party, the department shall pay the costs. Witness fees and costs may be taxed according to the rules prevailing in the district court. All costs accrued at the instance of the department when it is the successful party, which the department certifies cannot be collected from the other party, shall be paid out of any available funds in the Professional and Occupational Credentialing Cash Fund.
Source
Laws 2007, LB463, § 123.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,124 - Enforcement; investigations; violations; credential holder; duty to report; cease and desist order; violation; penalty; loss or theft of controlled substance; duty to report.

38-1,124.
Enforcement; investigations; violations; credential holder; duty to report; cease and desist order; violation; penalty; loss or theft of controlled substance; duty to report.
(1) The department shall enforce the Uniform Credentialing Act and for that purpose shall make necessary investigations. Every credential holder and every member of a board shall furnish the department such evidence as he or she may have relative to any alleged violation which is being investigated.
(2) Every credential holder shall report to the department the name of every person without a credential that he or she has reason to believe is engaged in practicing any profession or operating any business for which a credential is required by the Uniform Credentialing Act. The department may, along with the Attorney General and other law enforcement agencies, investigate such reports or other complaints of unauthorized practice. The director, with the recommendation of the appropriate board, may issue an order to cease and desist the unauthorized practice of such profession or the unauthorized operation of such business as a measure to obtain compliance with the applicable credentialing requirements by the person prior to referral of the matter to the Attorney General for action. Practice of such profession or operation of such business without a credential after receiving a cease and desist order is a Class III felony.
(3) Any credential holder who is required to file a report of loss or theft of a controlled substance to the federal Drug Enforcement Administration shall provide a copy of such report to the department. This subsection shall not apply to pharmacist interns or pharmacy technicians.
Source
Laws 1927, c. 167, § 67, p. 472;
C.S.1929, § 71-901;
R.S.1943, § 71-168;
Laws 1986, LB 286, § 74;
Laws 1986, LB 579, § 66;
Laws 1991, LB 456, § 23;
Laws 1994, LB 1210, § 50;
Laws 1994, LB 1223, § 10;
Laws 1995, LB 563, § 2;
Laws 1996, LB 414, § 1;
Laws 1997, LB 138, § 42;
Laws 1997, LB 222, § 4;
Laws 1999, LB 828, § 55;
Laws 2000, LB 1115, § 12;
Laws 2005, LB 256, § 21;
Laws 2005, LB 306, § 3;
Laws 2005, LB 361, § 32;
Laws 2005, LB 382, § 5;
R.S.Supp.,2006, § 71-168;
Laws 2007, LB236, § 7;
Laws 2007, LB463, § 124;
Laws 2016, LB859, § 2;
Laws 2017, LB166, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,126 - Report; confidential; immunity; use of documents.

38-1,126.
Report; confidential; immunity; use of documents.
(1) A report made to the department under section 38-1,124 or 38-1,125 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) Any person making such a report to the department, except a person who is 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 section 38-1,124 or 38-1,125.
(3) 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 section 38-1,124 or 38-1,125. 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 section 38-1,124 or 38-1,125 only because he or she attended or testified before such committee.
(4) Documents from original sources shall not be construed as immune from discovery or use in actions under section 38-1,125.
Source
Laws 2007, LB463, § 126;
Laws 2011, LB431, § 12;
Laws 2016, LB750, § 6.
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 › 38-1,128 - Peer review committee; health practitioners; immunity from liability; when.

38-1,128.
Peer review committee; health practitioners; immunity from liability; when.
No member of a peer review committee of a state or local association or society composed of persons credentialed under the Uniform Credentialing Act shall be liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or otherwise for any action taken or recommendation made within the scope of the functions of such committee, if such committee member acts without malice and in the reasonable belief that such action or recommendation is warranted by the facts known to such member after a reasonable effort is made to obtain the facts on which such action is taken or recommendation is made.
Source
Laws 1976, LB 586, § 1;
R.S.1943, (2003), § 71-147.01;
Laws 2007, LB463, § 128.