reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1235 - Department; accept gifts.

38-1235.
Department; accept gifts.
The department may accept from any person, in the name of and for the state, services, equipment, supplies, materials, or funds by way of bequest, gift, or grant for the purposes of promoting emergency medical care. Any such funds received shall be remitted to the State Treasurer for credit to the Health and Human Services Cash Fund.
Source
Laws 1997, LB 138, § 26;
R.S.1943, (2003), § 71-5197;
Laws 2007, LB296, § 604;
Laws 2007, LB463, § 519.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1236 - Act; construction with other laws.

38-1236.
Act; construction with other laws.
The provisions of the Emergency Medical Services Practice Act shall not be construed to supersede, limit, or otherwise affect the state emergency management laws or any interstate civil defense compact participated in by the State of Nebraska dealing with the licenses for professional, mechanical, or other skills of persons performing emergency management functions.
Source
Laws 1997, LB 138, § 27;
R.S.1943, (2003), § 71-5198;
Laws 2007, LB463, § 520.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1237 - Prohibited acts.

38-1237.
Prohibited acts.
It shall be unlawful for any person who has not been licensed pursuant to the Emergency Medical Services Practice Act or authorized pursuant to the EMS Personnel Licensure Interstate Compact to hold himself or herself out as an emergency care provider, to use any other term to indicate or imply that he or she is an emergency care provider, or to act as such a provider without a license therefor. It shall be unlawful for any person to operate a training agency for the initial training or renewal or reinstatement of licensure of emergency care providers unless the training agency is approved pursuant to rules and regulations of the department. It shall be unlawful for any person to operate an emergency medical service unless such service is licensed.
Source
Laws 1997, LB 138, § 28;
R.S.1943, (2003), § 71-5199;
Laws 2007, LB463, § 521;
Laws 2018, LB1034, § 29;
Laws 2020, LB1002, § 40.
Cross References
EMS Personnel Licensure Interstate Compact, see section 38-3801.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1302 - Definitions, where found.

38-1302.
Definitions, where found.
For purposes of the Environmental Health Specialists Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1303 to 38-1306 apply.
Source
Laws 1963, c. 400, § 2, p. 1279;
Laws 1989, LB 344, § 27;
Laws 1991, LB 703, § 38;
Laws 1996, LB 1044, § 666;
Laws 2003, LB 242, § 116;
R.S.1943, (2003), § 71-3702;
Laws 2007, LB296, § 578;
Laws 2007, LB463, § 523.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1304 - Environmental health specialist, defined.

38-1304.
Environmental health specialist, defined.
Environmental health specialist means a person who by education and experience in the physical, biological, and sanitary sciences is qualified to carry out educational, investigational, and technical duties in the field of environmental sanitation.
Source
Laws 2007, LB463, § 525.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1305 - Provisional environmental health specialist, defined.

38-1305.
Provisional environmental health specialist, defined.
Provisional environmental health specialist means a person who is qualified by education but does not have at least two full years of experience in the field of environmental sanitation and is certified in accordance with the Environmental Health Specialists Practice Act.
Source
Laws 2007, LB463, § 526.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1306 - Registered environmental health specialist, defined.

38-1306.
Registered environmental health specialist, defined.
Registered environmental health specialist means a person who has the educational requirements and has had experience in the field of environmental sanitation required by section 38-1308 and is certified in accordance with the Environmental Health Specialists Practice Act.
Source
Laws 2007, LB463, § 527.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1307 - Board; members; qualifications; terms.

38-1307.
Board; members; qualifications; terms.
The board shall consist of six members. One member shall be a public member who meets the requirements of section 38-165. Each of the other members shall have been engaged in environmental health for at least ten years, shall have had responsible charge of work for at least five years at the time of his or her appointment, and shall be a registered environmental health specialist. At the expiration of the three-year terms of the members serving on December 1, 2008, successors shall be appointed for five-year terms.
Source
Laws 1963, c. 400, § 6, p. 1281;
Laws 1969, c. 578, § 1, p. 2326;
Laws 1981, LB 204, § 127;
Laws 1987, LB 473, § 49;
Laws 1991, LB 703, § 43;
Laws 1993, LB 375, § 4;
Laws 1994, LB 1223, § 46;
Laws 1996, LB 1044, § 667;
R.S.1943, (2003), § 71-3706;
Laws 2007, LB296, § 579;
Laws 2007, LB463, § 528.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1308 - Certification; qualifications; exception; term.

38-1308.
Certification; qualifications; exception; term.
A person shall be eligible for certification as an environmental health specialist if he or she has graduated with a baccalaureate or higher degree from an accredited college or university, has satisfactorily completed at least forty-five quarter hours or thirty semester hours of academic work in the basic natural sciences, has been employed full time as an environmental health specialist for a period not less than two years, and has passed an examination approved by the board, except that a person holding a degree higher than a baccalaureate degree who has satisfactorily completed at least forty-five quarter hours or thirty semester hours of academic work in the basic natural sciences may qualify when employed as an environmental health specialist for a period of not less than one year.
Source
Laws 1963, c. 400, § 3, p. 1279;
Laws 1989, LB 344, § 28;
Laws 1991, LB 703, § 39;
Laws 1997, LB 752, § 182;
Laws 2003, LB 242, § 117;
R.S.1943, (2003), § 71-3703;
Laws 2007, LB463, § 529.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1309 - Provisional environmental health specialist.

38-1309.
Provisional environmental health specialist.
Any person meeting the educational qualifications of section 38-1308 but who does not meet the experience requirements of such section may make application for certification as a provisional environmental health specialist.
Source
Laws 1963, c. 400, § 4, p. 1280;
Laws 1989, LB 344, § 29;
Laws 1991, LB 703, § 40;
Laws 2003, LB 242, § 118;
R.S.1943, (2003), § 71-3704;
Laws 2007, LB463, § 530.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1310 - Registered environmental health specialist; provisional environmental health specialist; certification; term; renewal; continuing competency requirements.

38-1310.
Registered environmental health specialist; provisional environmental health specialist; certification; term; renewal; continuing competency requirements.
(1) Certification as a registered environmental health specialist shall expire biennially. Certification as a provisional environmental health specialist shall be valid for one year and may be renewed for two additional one-year periods. In no case shall certification for a provisional environmental health specialist exceed a three-year period.
(2) Each registered environmental health specialist in active practice in the state shall complete continuing competency activities as approved by the board and adopted and promulgated by the department in rules and regulations as a prerequisite for the registrant's next subsequent biennial renewal. Continuing education is sufficient to meet continuing competency requirements. The requirements may also include, but not be limited to, one or more of the continuing competency activities listed in section 38-145 which a registered environmental health specialist may select as an alternative to continuing education.
Source
Laws 1963, c. 400, § 10, p. 1283;
Laws 1969, c. 578, § 4, p. 2328;
Laws 1983, LB 542, § 3;
Laws 1986, LB 926, § 61;
Laws 1988, LB 1100, § 145;
Laws 1991, LB 703, § 47;
Laws 1994, LB 1210, § 122;
Laws 1994, LB 1223, § 49;
Laws 1997, LB 307, § 189;
Laws 2002, LB 1021, § 80;
Laws 2003, LB 242, § 121;
R.S.1943, (2003), § 71-3710;
Laws 2007, LB463, § 531.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1311 - Registered environmental health specialist; application for certification; continuing competency requirements.

38-1311.
Registered environmental health specialist; application for certification; continuing competency requirements.
An applicant for certification as a registered environmental health specialist who has met the education and examination requirements in section 38-1308, who passed the examination more than three years prior to the time of application for certification, and who is not practicing at the time of application for certification shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for certification completed continuing competency requirements approved by the board pursuant to section 38-145.
Source
Laws 2007, LB463, § 532.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1312 - Registered environmental health specialist; reciprocity; continuing competency requirements; military spouse; temporary certification.

38-1312.
Registered environmental health specialist; reciprocity; continuing competency requirements; military spouse; temporary certification.
(1) An applicant for certification as a registered environmental health specialist who has met the standards set by the board pursuant to section 38-126 for certification based on a credential in another jurisdiction but is not practicing at the time of application for certification shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for certification completed continuing competency requirements approved by the board pursuant to section 38-145.
(2) An applicant who is a military spouse may apply for temporary certification as provided in section 38-129.01.
Source
Laws 2007, LB463, § 533;
Laws 2017, LB88, § 50.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1314 - Title or abbreviation; use; when.

38-1314.
Title or abbreviation; use; when.
Only a person who holds a valid current certificate for use in this state shall have the right and privilege of using the title Registered Environmental Health Specialist and to use the abbreviation R.E.H.S. after his or her name.
Source
Laws 1963, c. 400, § 13, p. 1285;
Laws 1991, LB 703, § 48;
R.S.1943, (2003), § 71-3713;
Laws 2007, LB463, § 535.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1315 - Certified environmental health specialist; misrepresentation; unlawful.

38-1315.
Certified environmental health specialist; misrepresentation; unlawful.
It shall be unlawful for any person to represent himself or herself as a registered environmental health specialist without being duly certified and the holder of a currently valid certificate issued by the department. An individual holding a certificate of registration as a registered environmental health specialist on December 1, 2008, shall be deemed to be certified as a registered environmental health specialist on such date. An individual holding a certificate of registration as a trainee on December 1, 2008, shall be deemed to be certified as a provisional environmental health specialist on such date.
Source
Laws 1963, c. 400, § 14, p. 1285;
Laws 1991, LB 703, § 49;
R.S.1943, (2003), § 71-3714;
Laws 2007, LB463, § 536.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1401 - Act, how cited.

38-1401.
Act, how cited.
Sections 38-1401 to 38-1428 shall be known and may be cited as the Funeral Directing and Embalming Practice Act.
Source
Laws 2007, LB463, § 537.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1402 - Definitions, where found.

38-1402.
Definitions, where found.
For purposes of the Funeral Directing and Embalming Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1403 to 38-1413 apply.
Source
Laws 1927, c. 167, § 92, p. 479;
C.S.1929, § 71-1301;
Laws 1931, c. 123, § 1, p. 355;
C.S.Supp.,1941, § 71-1301;
R.S.1943, § 71-194;
Laws 1957, c. 293, § 1, p. 1052;
R.S.1943, (1990), § 71-194;
Laws 1993, LB 187, § 13;
Laws 1996, LB 1044, § 557;
Laws 1999, LB 828, § 152;
Laws 2003, LB 95, § 35;
R.S.1943, (2003), § 71-1301;
Laws 2007, LB296, § 465;
Laws 2007, LB463, § 538.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1403 - Accredited school of mortuary science, defined.

38-1403.
Accredited school of mortuary science, defined.
Accredited school of mortuary science means a school of the same type as those rated Class A by the Conference of Funeral Service Examining Boards of the United States, Inc., approved by the board.
Source
Laws 2007, LB463, § 539.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1404 - Apprentice, defined.

38-1404.
Apprentice, defined.
Apprentice means a person registered with the department as an apprentice who is completing a twelve-month apprenticeship under the supervision of a licensed funeral director and embalmer practicing in the State of Nebraska. The licensed funeral director and embalmer is responsible for all funeral assists and embalmings completed by the apprentice.
Source
Laws 2007, LB463, § 540.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1406 - Branch establishment, defined.

38-1406.
Branch establishment, defined.
Branch establishment means a place of business situated at a specific street address or location which is a subsidiary of a licensed funeral establishment, which contains a casket display room, a viewing area, or an area for conducting funeral services, or all of them, and where any portion of the funeral service or arrangements for the disposition of a dead human body is conducted.
Source
Laws 2007, LB463, § 542.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1407 - Casket, defined.

38-1407.
Casket, defined.
Casket means a receptacle for a dead human body and does not include vaults, lawn crypts, mausoleums, or other outside receptacles for caskets.
Source
Laws 2007, LB463, § 543.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1409 - Embalming, defined.

38-1409.
Embalming, defined.
(1) Embalming means the practice of preparing a dead human body for burial or other final disposal by a licensed funeral director and embalmer or an apprentice, requesting and obtaining burial or removal permits, or assuming any of the other duties incident to the practice of embalming.
(2) Any person who publicly professes to be a funeral director and embalmer or an apprentice is deemed to be practicing embalming.
(3) The performance of the following acts is also deemed to be the practice of embalming: (a) The disinfection and preservation of dead human beings, entire or in part; and (b) the attempted disinfection and preservation thereof by the use or application of chemical substances, fluids, or gases ordinarily used, prepared, or intended for such purposes, either by outward application of such chemical substances, fluids, or gases on the body or by introducing them into the body, by vascular or hypodermic injection, or by direct introduction into the organs or cavities.
Source
Laws 2007, LB463, § 545.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1410 - Funeral directing, defined.

38-1410.
Funeral directing, defined.
Funeral directing means (1) counseling families or next of kin in regard to the conduct of a funeral service for a dead human body for burial, disposition, or cremation or directing or supervising burial, disposition, or cremation of dead human bodies, (2) providing for or maintaining a funeral establishment, or (3) the act of representing oneself as or using in connection with one's name the title of funeral director, mortician, or any other title implying that he or she is engaged in the business of funeral directing.
Source
Laws 2007, LB463, § 546.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1411 - Funeral establishment, defined.

38-1411.
Funeral establishment, defined.
Funeral establishment means a place of business situated at a specific street address or location devoted to the care and preparation of dead human bodies for burial, disposition, or cremation or to conducting or arranging funeral services for dead human bodies.
Source
Laws 2007, LB463, § 547.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1413 - Supervision, defined.

38-1413.
Supervision, defined.
Supervision means the direct oversight or the easy availability of the supervising funeral director and embalmer. The first twenty-five funeral assists and embalmings shall be completed under direct onsite supervision of the supervising funeral director and embalmer.
Source
Laws 2007, LB463, § 549.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1414 - Funeral directing and embalming; license; requirements.

38-1414.
Funeral directing and embalming; license; requirements.
(1) The department shall issue a single license to practice funeral directing and embalming to applicants who meet the requirements of this section. An applicant for a license as a funeral director and embalmer shall:
(a) Present satisfactory proof that the applicant has earned the equivalent of forty semester hours of college credit in addition to a full course of instruction in an accredited school of mortuary science. Such hours shall include the equivalent of (i) six semester hours of English, (ii) twelve semester hours of business, (iii) four semester hours of chemistry, (iv) twelve semester hours of a biological science relating to the human body, and (v) six semester hours of psychology or counseling; and
(b) Present proof to the department that he or she has completed the following training:
(i) A full course of instruction in an accredited school of mortuary science;
(ii) A twelve-month apprenticeship under the supervision of a licensed funeral director and embalmer practicing in the State of Nebraska, which apprenticeship shall consist of arterially embalming twenty-five bodies and assisting with twenty-five funerals; and
(iii) Successful completion of the licensure examination approved by the board.
(2) Any person holding a valid license as an embalmer on January 1, 1994, may continue to provide services as an embalmer after such date. Upon expiration of such valid license, the person may apply for renewal thereof, and the department shall renew such license to practice embalming.
(3) Any person holding a valid license as a funeral director on January 1, 1994, may continue to provide services as a funeral director after such date. Upon expiration of such valid license, the person may apply for renewal thereof, and the department shall renew such license to practice funeral directing.
Source
Laws 1927, c. 167, § 93, p. 480;
C.S.1929, § 71-1302;
Laws 1931, c. 123, § 1, p. 355;
Laws 1937, c. 155, § 1, p. 612;
C.S.Supp.,1941, § 71-1302;
R.S.1943, § 71-195;
Laws 1955, c. 271, § 1, p. 852;
Laws 1986, LB 926, § 43;
Laws 1987, LB 473, § 19;
Laws 1988, LB 1100, § 35;
R.S.1943, (1990), § 71-195;
Laws 1993, LB 187, § 14;
R.S.1943, (2003), § 71-1302;
Laws 2007, LB463, § 550;
Laws 2022, LB704, § 1.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1415 - Examinations; requirements.

38-1415.
Examinations; requirements.
When the applicant has satisfied the department that he or she either has completed a full course of instruction in an accredited school of mortuary science or has completed all but the final semester of such course, the applicant shall be eligible to take the national standardized examination. The applicant shall pass such examination before beginning his or her twelve-month apprenticeship or the final six months thereof. When the applicant has satisfied the department that he or she has the qualifications specified in section 38-1416, he or she shall be eligible to take the state jurisprudence and vital statistic forms examination. A grade of seventy-five or above on each part of the licensure examination shall be a passing grade.
Source
Laws 1927, c. 167, § 94, p. 480;
C.S.1929, § 71-1303;
Laws 1931, c. 123, § 1, p. 356;
Laws 1937, c. 155, § 2, p. 613;
C.S.Supp.,1941, § 71-1303;
R.S.1943, § 71-196;
Laws 1955, c. 271, § 2, p. 853;
R.S.1943, (1990), § 71-196;
Laws 1993, LB 187, § 15;
R.S.1943, (2003), § 71-1303;
Laws 2007, LB463, § 551.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1416 - Apprenticeship; apprentice license; examination.

38-1416.
Apprenticeship; apprentice license; examination.
(1) Before beginning an apprenticeship, an applicant shall apply for an apprentice license. The applicant shall show that he or she has completed twenty of the forty hours required in subdivision (1)(a) of section 38-1414. The applicant may complete the twelve-month apprenticeship in either a split apprenticeship or a full apprenticeship as provided in this section.
(2) A split apprenticeship shall be completed in the following manner:
(a) Application for an apprentice license to complete a six-month apprenticeship prior to or while attending an accredited school of mortuary science, which license shall be valid for six months from the date of issuance and shall not be extended by the board. The apprenticeship shall be completed over a continuous six-month period;
(b) Successful completion of a full course of study in an accredited school of mortuary science;
(c) Successful passage of the national standardized examination; and
(d) Application for an apprentice license to complete the final six-month apprenticeship, which license shall be valid for six months from the date of issuance and shall not be extended by the board. The apprenticeship shall be completed over a continuous six-month period.
(3) A full apprenticeship shall be completed in the following manner:
(a) Successful completion of a full course of study in an accredited school of mortuary science;
(b) Successful passage of the national standardized examination; and
(c) Application for an apprentice license to complete a twelve-month apprenticeship. This license shall be valid for twelve months from the date of issuance and shall not be extended by the board. The apprenticeship shall be completed over a continuous twelve-month period.
(4) An individual registered as an apprentice on December 1, 2008, shall be deemed to be licensed as an apprentice for the term of the apprenticeship on such date.
Source
Laws 1927, c. 167, § 96, p. 481;
C.S.1929, § 71-1305;
Laws 1931, c. 123, § 1, p. 357;
Laws 1937, c. 155, § 3, p. 613;
C.S.Supp.,1941, § 71-1305;
R.S.1943, § 71-198;
Laws 1986, LB 926, § 44;
Laws 1987, LB 473, § 20;
Laws 1988, LB 1100, § 36;
R.S.1943, (1990), § 71-198;
Laws 1993, LB 187, § 16;
Laws 2003, LB 242, § 97;
R.S.1943, (2003), § 71-1304;
Laws 2007, LB463, § 552;
Laws 2022, LB704, § 2;
Laws 2023, LB227, § 23.
Operative Date: September 2, 2023
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1417 - Teaching and demonstration; use of dead human bodies.

38-1417.
Teaching and demonstration; use of dead human bodies.
The board shall have the privileges extended to them for the use of bodies for dissection, demonstrating, and teaching under the requirements of the State Anatomical Board for the distribution and delivery of dead human bodies.
Source
Laws 1927, c. 167, § 97, p. 481;
C.S.1929, § 71-1306;
Laws 1931, c. 123, § 1, p. 357;
C.S.Supp.,1941, § 71-1306;
R.S.1943, § 71-199;
R.S.1943, (1990), § 71-199;
Laws 1993, LB 187, § 17;
Laws 1999, LB 828, § 153;
R.S.1943, (2003), § 71-1305;
Laws 2007, LB463, § 553.
Cross References
State Anatomical Board requirements, see sections 71-1001 to 71-1007.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1418 - Violations; evidence.

38-1418.
Violations; evidence.
The finding of chemical substances, fluids, or gases ordinarily used in embalming or any trace thereof in a dead human body, the use of which is prohibited except by a licensed funeral director and embalmer, or the placing thereof upon a dead human body by other than a licensed funeral director and embalmer shall constitute prima facie evidence of the violation of the Funeral Directing and Embalming Practice Act.
Source
Laws 1927, c. 167, § 98, p. 481;
C.S.1929, § 71-1307;
Laws 1931, c. 123, § 1, p. 357;
C.S.Supp.,1941, § 71-1307;
R.S.1943, § 71-1,100;
R.S.1943, (1990), § 71-1,100;
Laws 1993, LB 187, § 18;
R.S.1943, (2003), § 71-1306;
Laws 2007, LB463, § 554.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1419 - Funeral establishment; qualifications; relocation; change of manager; change of name.

38-1419.
Funeral establishment; qualifications; relocation; change of manager; change of name.
(1) In order for a funeral establishment to be licensed, it shall employ as its manager a licensed funeral director and embalmer who shall be responsible for all transactions conducted in the funeral establishment, except that any person holding a valid license as a funeral director may serve as a manager of a funeral establishment. The manager shall maintain and operate the funeral establishment in accordance with all laws, rules, and regulations relating thereto.
(2) If the applicant for a funeral establishment license proposes to operate more than one establishment, a separate application and fee shall be required for each location.
(3) A funeral establishment desiring to relocate shall make application to the department at least thirty days prior to the designated date of such change in location.
(4) A funeral establishment desiring to change its manager shall make application to the department at least fifteen days prior to the designated date of such change, except that in the case of death of a manager, the application shall be made immediately following such death. No license shall be issued under this subsection by the department until the original license has been surrendered.
(5) A funeral establishment desiring to change its name shall request such change to the department at least thirty days prior to the designated change in name.
Source
Laws 1957, c. 295, § 3, p. 1060;
Laws 1973, LB 515, § 15;
Laws 1980, LB 94, § 6;
Laws 1986, LB 926, § 49;
Laws 1987, LB 473, § 37;
Laws 1992, LB 1019, § 61;
Laws 1993, LB 187, § 20;
Laws 2003, LB 242, § 98;
R.S.1943, (2003), § 71-1327;
Laws 2007, LB463, § 555.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1420 - Branch establishment; application for license; qualifications; relocation; change of manager; change of name.

38-1420.
Branch establishment; application for license; qualifications; relocation; change of manager; change of name.
(1) If the applicant for a branch establishment license proposes to operate more than one branch establishment, a separate application and fee shall be required for each location.
(2) A branch establishment desiring to relocate shall make application to the department at least thirty days prior to the designated date of such change in location.
(3) A branch establishment desiring to change its manager shall make application to the department at least fifteen days prior to the designated date of such change, except that in the case of death of the manager, the establishment shall make application immediately after such death. No license shall be issued by the department under this subsection until the original license has been surrendered.
(4) A branch establishment desiring to change its name shall apply to the department at least thirty days prior to the designated change in name.
Source
Laws 1993, LB 187, § 21;
Laws 2003, LB 242, § 99;
R.S.1943, (2003), § 71-1327.01;
Laws 2007, LB463, § 556.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1421 - Reciprocity; military spouse; temporary license.

38-1421.
Reciprocity; military spouse; temporary license.
The department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to an individual who meets the requirements of the Funeral Directing and Embalming Practice Act or substantially equivalent requirements as determined by the department, with the recommendation of the board. An applicant for licensure under the act who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 2007, LB463, § 557;
Laws 2017, LB88, § 51.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1423 - Prohibited acts.

38-1423.
Prohibited acts.
Any person, partnership, limited liability company, firm, corporation, association, or other organization which (1) without having complied with the Funeral Directing and Embalming Practice Act and without having first obtained a license (a) engages directly or indirectly in the business of funeral directing and embalming, (b) holds himself, herself, or itself out to the public as a funeral director and embalmer, or (c) performs or attempts to perform any of the services of a funeral establishment or branch establishment or of a funeral director and embalmer relating to the disposition of dead human bodies or (2) continues to perform such services after the license has expired or has been revoked or suspended shall be dealt with in the same manner as outlined in section 38-1,118. Each day so engaged in such business shall constitute and be deemed a separate offense.
Source
Laws 1957, c. 295, § 7, p. 1062;
Laws 1973, LB 515, § 16;
Laws 1977, LB 39, § 158;
Laws 1980, LB 94, § 9;
Laws 1986, LB 926, § 50;
Laws 1988, LB 1100, § 101;
Laws 1991, LB 10, § 5;
Laws 1992, LB 1019, § 62;
Laws 1993, LB 121, § 423;
Laws 1993, LB 187, § 23;
Laws 1994, LB 1223, § 33;
Laws 2003, LB 242, § 100;
R.S.1943, (2003), § 71-1331;
Laws 2007, LB463, § 559.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1426 - Final disposition; instructions; remains of deceased person; disposition; liability.

38-1426.
Final disposition; instructions; remains of deceased person; disposition; liability.
(1) A decedent, prior to his or her death, may direct the preparation for the final disposition of his or her remains by written instructions as provided in sections 30-2223 and 38-1425. If such instructions are in a will or other written instrument, the decedent may direct that the whole or any part of such remains be given to a teaching institution, university, college, or legally licensed hospital, to the director, or to or for the use of any nonprofit blood bank, artery bank, eye bank, or other therapeutic service operated by any agency approved by the director under rules and regulations established by the director. The person or persons otherwise entitled to control the disposition of the remains under this section shall faithfully carry out the directions of the decedent.
(2) If such instructions are contained in a will or other written instrument, they shall be immediately carried out, regardless of the validity of the will in other respects or of the fact that the will may not be offered for or admitted to probate until a later date.
(3) This section shall be administered and construed to the end that such expressed instructions of any person shall be faithfully and promptly performed.
(4) A funeral director and embalmer, physician, or cemetery authority shall not be liable to any person or persons for carrying out such instructions of the decedent, and any teaching institution, university, college, or legally licensed hospital or the director shall not be liable to any person or persons for accepting the remains of any deceased person under a will or other written instrument as set forth in this section.
Source
Laws 1959, c. 325, § 2, p. 1187;
Laws 1993, LB 187, § 30;
Laws 1996, LB 1044, § 559;
Laws 2003, LB 95, § 37;
R.S.1943, (2003), § 71-1340;
Laws 2007, LB296, § 467;
Laws 2007, LB463, § 562;
Laws 2014, LB998, § 10.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1427 - Autopsy; written authorization; removal of organs; when performed.

38-1427.
Autopsy; written authorization; removal of organs; when performed.
A written authorization for an autopsy given by the person listed in section 30-2223 having the right of disposition of the remains may, subject to section 23-1824 and when not inconsistent with any directions given by the decedent pursuant to section 38-1426, include authorization for the removal of any specifically named organ or organs for therapeutic or scientific purposes. Pursuant to any such written authorization, any structure or organ may be given to the director or to any other therapeutic service operated by any nonprofit agency approved by the director, including, but not limited to, a teaching institution, university, college, legally licensed hospital, nonprofit blood bank, nonprofit artery bank, nonprofit eye bank, or nationally recognized nonprofit hormone and pituitary program. The person or persons performing any autopsy shall do so within a reasonable time and without delay and shall not exceed the removal permission contained in such written authorization, and the remains shall not be significantly altered in external appearance nor shall any portion thereof be removed for purposes other than those expressly permitted in this section.
Source
Laws 1959, c. 325, § 3, p. 1188;
Laws 1959, c. 326, § 2, p. 1189;
Laws 1985, LB 130, § 1;
Laws 1996, LB 1044, § 560;
Laws 1999, LB 46, § 6;
R.S.1943, (2003), § 71-1341;
Laws 2007, LB296, § 468;
Laws 2007, LB463, § 563;
Laws 2014, LB998, § 11.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1428 - Funeral director and embalmer; principal services; statement of costs.

38-1428.
Funeral director and embalmer; principal services; statement of costs.
A written statement, signed by the funeral director and embalmer or legal representative, of all principal services and furnishings to be supplied by the funeral director and embalmer for the preparation and burial or cremation of the deceased, together with the actual cost of the services including the total actual costs, shall be given to the next of kin or other person responsible for the making of the funeral arrangements prior to the burial or disposition of the deceased. For purposes of this section principal services shall include, but not be limited to, the casket, outer receptacle, facilities and equipment, professional services, nonlocal transportation, clothing, an itemization of all cash advances, and sales tax. A copy of such statement, signed by the person to whom it was tendered, shall be retained in the records of the funeral director and embalmer for a period of at least two years.
Source
Laws 1980, LB 94, § 17;
Laws 1993, LB 187, § 32;
R.S.1943, (2003), § 71-1346;
Laws 2007, LB463, § 564.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1501 - Act, how cited.

38-1501.
Act, how cited.
Sections 38-1501 to 38-1518 shall be known and may be cited as the Hearing Instrument Specialists Practice Act.
Source
Laws 2007, LB463, § 565;
Laws 2009, LB195, § 19.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1502 - Definitions, where found.

38-1502.
Definitions, where found.
For purposes of the Hearing Instrument Specialists Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1503 to 38-1507 apply.
Source
Laws 1969, c. 767, § 1, p. 2903;
Laws 1986, LB 701, § 1;
Laws 1987, LB 473, § 50;
Laws 1988, LB 1100, § 148;
Laws 1996, LB 1044, § 681;
R.S.1943, (2003), § 71-4701;
Laws 2007, LB296, § 589;
Laws 2007, LB463, § 566;
Laws 2009, LB195, § 20.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1504 - Hearing instrument, defined.

38-1504.
Hearing instrument, defined.
Hearing instrument means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories, including earmold, but excluding batteries and cords.
Source
Laws 2007, LB463, § 568;
Laws 2009, LB195, § 22.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1505 - Practice of fitting hearing instruments, defined.

38-1505.
Practice of fitting hearing instruments, defined.
Practice of fitting hearing instruments means the measurement of human hearing by means of an audiometer or by other means approved by the board solely for the purpose of making selections, adaptations, or sale of hearing instruments. The term also includes the making of impressions for earmolds. A dispenser, at the request of a physician or a member of related professions, may make audiograms for the professional's use in consultation with the hard-of-hearing.
Source
Laws 2007, LB463, § 569;
Laws 2009, LB195, § 23.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1506 - Sell, sale, or dispense, defined.

38-1506.
Sell, sale, or dispense, defined.
Sell, sale, or dispense means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding (1) wholesale transactions with distributors or dispensers and (2) distribution of hearing instruments by nonprofit service organizations at no cost to the recipient for the hearing instrument.
Source
Laws 2007, LB463, § 570;
Laws 2009, LB195, § 24.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1507 - Temporary training license, defined.

38-1507.
Temporary training license, defined.
Temporary training license means a hearing instrument specialist license issued while the applicant is in training to become a licensed hearing instrument specialist.
Source
Laws 2007, LB463, § 571;
Laws 2009, LB195, § 25;
Laws 2017, LB88, § 52.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1508 - Board membership; qualifications.

38-1508.
Board membership; qualifications.
The board shall consist of five professional members and one public member appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165. The professional members shall consist of three licensed hearing instrument specialists, one otolaryngologist, and one audiologist until one licensed hearing instrument specialist vacates his or her office or his or her term expires, whichever occurs first, at which time the professional members of the board shall consist of three licensed hearing instrument specialists, at least one of whom does not hold a license as an audiologist, one otolaryngologist, and one audiologist. At the expiration of the four-year terms of the members serving on December 1, 2008, successors shall be appointed for five-year terms.
Source
Laws 1969, c. 767, § 15, p. 2914;
Laws 1981, LB 204, § 130;
Laws 1986, LB 701, § 12;
Laws 1988, LB 1100, § 160;
Laws 1992, LB 1019, § 81;
Laws 1993, LB 375, § 6;
Laws 1994, LB 1223, § 52;
Laws 1999, LB 828, § 173;
R.S.1943, (2003), § 71-4715;
Laws 2007, LB463, § 572;
Laws 2009, LB195, § 26.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1509 - Sale or fitting of hearing instruments; license required; exceptions.

38-1509.
Sale or fitting of hearing instruments; license required; exceptions.
(1) Except as otherwise provided in this section, no person shall engage in the sale of or practice of fitting hearing instruments or display a sign or in any other way advertise or represent himself or herself as a person who practices the fitting and sale or dispensing of hearing instruments unless he or she holds an unsuspended, unrevoked hearing instrument specialist license issued by the department as provided in the Hearing Instrument Specialists Practice Act. A hearing instrument specialist license shall confer upon the holder the right to select, fit, and sell hearing instruments. A person holding a license issued under the act prior to August 30, 2009, may continue to practice under such license until it expires under the terms of the license.
(2) A licensed audiologist who maintains a practice pursuant to (a) licensure as an audiologist, or (b) a privilege to practice audiology under the Audiology and Speech-Language Pathology Interstate Compact, in which hearing instruments are regularly dispensed, or who intends to maintain such a practice, shall be exempt from the requirement to be licensed as a hearing instrument specialist.
(3) Nothing in the act shall prohibit a corporation, partnership, limited liability company, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing instruments at retail without a license if it employs only properly licensed natural persons in the direct sale and fitting of such products.
(4) Nothing in the act shall prohibit the holder of a hearing instrument specialist license from the fitting and sale of wearable instruments or devices designed for or offered for the purpose of conservation or protection of hearing.
Source
Laws 1969, c. 767, § 2, p. 2904;
Laws 1986, LB 701, § 2;
Laws 1988, LB 1100, § 149;
Laws 1992, LB 1019, § 79;
Laws 1993, LB 121, § 438;
R.S.1943, (2003), § 71-4702;
Laws 2007, LB247, § 52;
Laws 2007, LB247, § 70;
Laws 2007, LB463, § 573;
Laws 2009, LB195, § 27;
Laws 2017, LB88, § 53;
Laws 2021, LB14, § 5.
Cross References
Audiology and Speech-Language Pathology Interstate Compact, see section 38-4101.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1510 - Applicability of act.

38-1510.
Applicability of act.
(1) The Hearing Instrument Specialists Practice Act is not intended to prevent any person from engaging in the practice of measuring human hearing for the purpose of selection of hearing instruments if such person or organization employing such person does not sell hearing instruments or the accessories thereto.
(2) The act shall not apply to a person who is a physician licensed to practice in this state, except that such physician shall not delegate the authority to fit and dispense hearing instruments unless the person to whom the authority is delegated is licensed as a hearing instrument specialist under the act.
Source
Laws 1969, c. 767, § 4, p. 2905;
Laws 1986, LB 701, § 4;
Laws 1988, LB 1100, § 150;
R.S.1943, (2003), § 71-4704;
Laws 2007, LB463, § 574;
Laws 2009, LB195, § 28.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1511 - Sale; conditions.

38-1511.
Sale; conditions.
(1) Any person who practices the fitting and sale of hearing instruments shall deliver to each person supplied with a hearing instrument a receipt which shall contain the licensee's signature and show his or her business address and the number of his or her certificate, together with specifications as to the make and model of the hearing instrument furnished, and clearly stating the full terms of sale. If a hearing instrument which is not new is sold, the receipt and the container thereof shall be clearly marked as used or reconditioned, whichever is applicable, with terms of guarantee, if any.
(2) Such receipt shall bear in no smaller type than the largest used in the body copy portion the following: The purchaser has been advised at the outset of his or her relationship with the hearing instrument specialist that any examination or representation made by a licensed hearing instrument specialist in connection with the fitting and selling of this hearing instrument is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefor must not be regarded as medical opinion or advice.
Source
Laws 1969, c. 767, § 3, p. 2905;
Laws 1986, LB 701, § 3;
R.S.1943, (2003), § 71-4703;
Laws 2007, LB463, § 575;
Laws 2009, LB195, § 29.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1512 - License; examination; conditions.

38-1512.
License; examination; conditions.
(1) Any person may obtain a hearing instrument specialist license under the Hearing Instrument Specialists Practice Act by successfully passing a qualifying examination if the applicant:
(a) Is at least twenty-one years of age; and
(b) Has an education equivalent to a four-year course in an accredited high school.
(2) The qualifying examination shall consist of written and practical tests. The examination shall not be conducted in such a manner that college training is required in order to pass. Nothing in this examination shall imply that the applicant is required to possess the degree of medical competence normally expected of physicians.
(3) The department shall give examinations approved by the board. A minimum of two examinations shall be offered each calendar year.
Source
Laws 1969, c. 767, § 7, p. 2907;
Laws 1986, LB 701, § 6;
Laws 1987, LB 473, § 53;
Laws 1988, LB 1100, § 153;
R.S.1943, (2003), § 71-4707;
Laws 2007, LB247, § 53;
Laws 2007, LB247, § 71;
Laws 2007, LB463, § 576;
Laws 2009, LB195, § 30;
Laws 2017, LB88, § 54.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1513 - Temporary training license; issuance; supervision; renewal.

38-1513.
Temporary training license; issuance; supervision; renewal.
(1) The department, with the recommendation of the board, shall issue a temporary training license to any person who has met the requirements for licensure as a hearing instrument specialist pursuant to subsection (1) of section 38-1512. Previous experience or a waiting period shall not be required to obtain a temporary training license.
(2) Any person who desires a temporary training license shall make application to the department. The temporary training license shall be issued for a period of one year. A person holding a valid license as a hearing instrument specialist shall be responsible for the supervision and training of such applicant and shall maintain adequate personal contact with him or her.
(3) If a person who holds a temporary training license under this section has not successfully passed the licensing examination within twelve months of the date of issuance of the temporary training license, the temporary training license may be renewed or reissued for a twelve-month period. In no case may a temporary training license be renewed or reissued more than once. A renewal or reissuance may take place any time after the expiration of the first twelve-month period.
Source
Laws 1969, c. 767, § 8, p. 2907;
Laws 1973, LB 515, § 22;
Laws 1986, LB 701, § 7;
Laws 1987, LB 473, § 55;
Laws 1988, LB 1100, § 154;
Laws 1991, LB 456, § 36;
Laws 1997, LB 752, § 185;
Laws 2003, LB 242, § 125;
R.S.1943, (2003), § 71-4708;
Laws 2007, LB463, § 577;
Laws 2009, LB195, § 31;
Laws 2017, LB88, § 55.