reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,129 - Insurer; report violation to department; confidentiality.

38-1,129.
Insurer; report violation to department; confidentiality.
Unless such knowledge or information is based on confidential medical records protected by the confidentiality provisions of the federal Public Health Services Act, 42 U.S.C. 290dd-2, and federal administrative rules and regulations, as such act and rules and regulations existed on January 1, 2007:
(1) Any insurer having knowledge of any violation of any of the Uniform Credentialing Act governing the profession of the person being reported whether or not such person is credentialed shall report the facts of such violation as known to such insurer to the department; and
(2) All insurers shall cooperate with the department and provide such information as requested by the department concerning any possible violations by any person required to be credentialed whether or not such person is credentialed.
The identity of any person making such report on behalf of an insurer or providing information leading to the making of such report shall be confidential.
Source
Laws 1982, LB 421, § 2;
Laws 1994, LB 1223, § 20;
Laws 1999, LB 828, § 133;
R.S.1943, (2003), § 71-1,199;
Laws 2007, LB463, § 129;
Laws 2016, LB750, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,130 - Insurer; report to department; form; confidentiality.

38-1,130.
Insurer; report to department; form; confidentiality.
Any insurer shall report to the department, on a form and in the manner specified by the department by rule and regulation, any facts known to the insurer, including, but not limited to, the identity of the credential holder and consumer, when the insurer:
(1) Has reasonable grounds to believe that a person required to be credentialed has committed a violation of the provisions of the Uniform Credentialing Act governing the profession of such person whether or not such person is credentialed;
(2) Has made payment due to an adverse judgment, settlement, or award resulting from a professional liability claim against the insurer, a health care facility or health care service as defined in the Health Care Facility Licensure Act, or a person required to be credentialed whether or not such person is credentialed, including settlements made prior to suit in which the consumer releases any professional liability claim against the insurer, health care facility or health care service, or person required to be credentialed, arising out of the acts or omissions of such person;
(3) Takes an adverse action affecting the coverage provided by the insurer to a person required to be credentialed, whether or not such person is credentialed, due to alleged incompetence, negligence, unethical or unprofessional conduct, or physical, mental, or chemical impairment. For purposes of this section, adverse action does not include raising rates for professional liability coverage unless it is based upon grounds that would be reportable and no prior report has been made to the department; or
(4) Has been requested by the department to provide information.
The identity of any person making such report on behalf of an insurer or providing information leading to the making of such report shall be confidential.
Source
Laws 1982, LB 421, § 3;
Laws 1991, LB 456, § 30;
Laws 1994, LB 1223, § 21;
Laws 1999, LB 828, § 134;
Laws 2000, LB 819, § 93;
R.S.1943, (2003), § 71-1,200;
Laws 2007, LB152, § 1;
Laws 2007, LB247, § 62;
Laws 2007, LB463, § 130;
Laws 2016, LB750, § 8.
Cross References
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,131 - Insurer; report to department; when.

38-1,131.
Insurer; report to department; when.
A report made under section 38-1,129 or 38-1,130 shall be made within thirty days after the date of the violation, action, event, or request. Nothing in such sections shall be construed to require an insurer to report based on information gained due to the filing of a claim for payment under a health insurance policy by or on behalf of a person required to be credentialed whether or not such person is credentialed.
Source
Laws 2007, LB463, § 131.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,132 - Insurer; alternative reports authorized; supplemental report.

38-1,132.
Insurer; alternative reports authorized; supplemental report.
For purposes of sections 38-1,129 and 38-1,130, the department shall accept reports made to it under the Nebraska Hospital-Medical Liability Act or in accordance with national practitioner data bank requirements of the federal Health Care Quality Improvement Act of 1986, as such act existed on January 1, 2007, and may require a supplemental report to the extent such reports do not contain the information required by the department. For purposes of sections 38-1,129 and 38-1,130, the department shall accept a copy of a report made to any governmental agency charged by law with carrying out any of the provisions of the Uniform Credentialing Act or any person authorized by law to make arrests within the State of Nebraska and may require a supplemental report to the extent such copy does not contain the information required by the department.
Source
Laws 2007, LB463, § 132.
Cross References
Nebraska Hospital-Medical Liability Act, see section 44-2855.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,133 - Insurer; failure to make report or provide information; penalty.

38-1,133.
Insurer; failure to make report or provide information; penalty.
Any insurer who fails or neglects to make a report to or provide such information as requested by the department pursuant to section 38-1,129 or 38-1,130 within thirty days after the violation, action, event, or request is guilty of a Class III misdemeanor. Any insurer who violates this section a second or subsequent time is guilty of a Class II misdemeanor.
Source
Laws 1982, LB 421, § 4;
Laws 1999, LB 828, § 135;
R.S.1943, (2003), § 71-1,201;
Laws 2007, LB463, § 133.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,134 - Insurer; reports; disclosure restricted; confidentiality.

38-1,134.
Insurer; reports; disclosure restricted; confidentiality.
To the extent that reports made under section 38-1,129 or 38-1,130 contain or relate to privileged communications between consumer and credential holder, such reports shall be treated by the department as privileged communications and shall be considered to be part of the investigational records of the department. Such reports may not be obtained by legal discovery proceedings or otherwise disclosed unless the privilege is waived by the consumer involved or the reports are made part of the record in a contested case under section 38-186, in which case such reports shall only be disclosed to the extent they are made a part of such record. The identity of any person making such report or providing information leading to the making of such report shall be confidential.
Source
Laws 1982, LB 421, § 5;
Laws 1991, LB 456, § 31;
Laws 1994, LB 1223, § 22;
R.S.1943, (2003), § 71-1,202;
Laws 2007, LB463, § 134;
Laws 2016, LB750, § 9.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,135 - Insurer; immunity from liability.

38-1,135.
Insurer; immunity from liability.
Any insurer or employee of an insurer making a report as required by section 38-1,129 or 38-1,130 shall be immune from criminal penalty of any kind or from civil liability or other penalty for slander, libel, defamation, breach of the privilege between consumer and physician or between consumer and professional counselor, or violation of the laws of the State of Nebraska relating to the business of insurance that may be incurred or imposed on account of or in connection with the making of such report.
Source
Laws 1982, LB 421, § 7;
Laws 1993, LB 130, § 5;
Laws 1994, LB 1223, § 23;
R.S.1943, (2003), § 71-1,204;
Laws 2007, LB463, § 135.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,136 - Violation of credential holder-consumer privilege; sections, how construed.

38-1,136.
Violation of credential holder-consumer privilege; sections, how construed.
Nothing contained in sections 38-1,129 to 38-1,136 shall be construed so as to require any credential holder to violate a privilege between a credential holder and a consumer.
Source
Laws 1982, LB 421, § 8;
R.S.1943, (2003), § 71-1,205;
Laws 2007, LB463, § 136.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,137 - Clerk of county or district court; report convictions and judgments of credentialed person; Attorney General or prosecutor; duty.

38-1,137.
Clerk of county or district court; report convictions and judgments of credentialed person; Attorney General or prosecutor; duty.
The clerk of any county or district court in this state shall report to the department the conviction of any person credentialed by the department under the Uniform Credentialing Act of any felony or of any misdemeanor involving the use, sale, distribution, administration, or dispensing of a controlled substance, alcohol or chemical impairment, or substance abuse and shall also report a judgment against any such credential holder arising out of a claim of professional liability. The Attorney General or city or county prosecutor prosecuting any such criminal action and plaintiff in any such civil action shall provide the court with information concerning the credential of the defendant or party. Notice to the department shall be filed within thirty days after the date of conviction or judgment in a manner agreed to by the director and the State Court Administrator.
Source
Laws 1994, LB 1223, § 24;
Laws 1995, LB 563, § 39;
Laws 1996, LB 414, § 10;
Laws 1996, LB 1044, § 480;
Laws 1997, LB 138, § 45;
Laws 2000, LB 1115, § 24;
Laws 2005, LB 256, § 32;
R.S.Supp.,2006, § 71-1,339;
Laws 2007, LB296, § 362;
Laws 2007, LB463, § 137.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,138 - Complaint; investigation; confidentiality; immunity; department; powers and duties.

38-1,138.
Complaint; investigation; confidentiality; immunity; department; powers and duties.
(1) Any person may make a complaint and request investigation of an alleged violation of the Uniform Credentialing Act or rules and regulations issued under such act. A complaint submitted to the department shall be confidential, and a person making a complaint 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.
(2) The department shall review all complaints and determine whether to conduct an investigation and in making such determination may consider factors such as:
(a) Whether the complaint pertains to a matter within the authority of the department to enforce;
(b) Whether the circumstances indicate that a complaint is made in good faith and is not malicious, frivolous, or vexatious;
(c) Whether the complaint is timely or has been delayed too long to justify present evaluation of its merit;
(d) Whether the complainant may be a necessary witness if action is taken and is willing to identify himself or herself and come forward to testify; or
(e) Whether the information provided or within the knowledge of the complainant is sufficient to provide a reasonable basis to believe that a violation has occurred or to secure necessary evidence from other sources.
Source
Laws 1991, LB 456, § 6;
Laws 1993, LB 536, § 46;
Laws 1994, LB 1223, § 11;
Laws 1999, LB 828, § 56;
R.S.1943, (2003), § 71-168.01;
Laws 2007, LB463, § 138.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,139 - Violations; prosecution; duty of Attorney General and county attorney.

38-1,139.
Violations; prosecution; duty of Attorney General and county attorney.
Upon the request of the department, the Attorney General shall institute in the name of the state the proper civil or criminal proceedings against any person regarding whom a complaint has been made, charging him or her with violation of any of the provisions of the Uniform Credentialing Act, and the county attorney, at the request of the Attorney General or of the department, shall appear and prosecute such action when brought in his or her county.
Source
Laws 1927, c. 167, § 70, p. 472;
C.S.1929, § 71-904;
R.S.1943, § 71-171;
Laws 1991, LB 456, § 24;
R.S.1943, (2003), § 71-171;
Laws 2007, LB463, § 139.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,140 - Consultation with licensed veterinarian; conduct authorized.

38-1,140.
Consultation with licensed veterinarian; conduct authorized.
Any person who holds a valid credential in the State of Nebraska in a health care profession or occupation regulated under the Uniform Credentialing Act may consult with a licensed veterinarian or perform collaborative animal health care tasks on an animal under the care of such veterinarian if all such tasks are performed under the immediate supervision of such veterinarian. Engaging in such conduct is hereby authorized and shall not be considered a part of the credential holder's scope of practice or a violation of the credential holder's scope of practice.
Source
Laws 2008, LB928, § 3;
Laws 2009, LB463, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,141 - Military education, training, or service; department; acceptance for credential.

38-1,141.
Military education, training, or service; department; acceptance for credential.
Beginning December 15, 2015, upon presentation of satisfactory evidence that the education, training, or service completed by an applicant for a credential while a member of the armed forces of the United States, active or reserve, the National Guard of any state, the military reserves of any state, or the naval militia of any state is substantially similar to the education required for the credential, the department, with the recommendation of the appropriate board, if any, shall accept such education, training, or service toward the minimum standards for the credential.
Source
Laws 2015, LB264, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,142 - Report to department; discrimination or retaliation prohibited; action for relief authorized.

38-1,142.
Report to department; discrimination or retaliation prohibited; action for relief authorized.
An individual or a business credentialed pursuant to the Uniform Credentialing Act shall not discriminate or retaliate against any person who has initiated or participated in the making of a report under the act to the department. Such person may maintain an action for any type of relief, including injunctive and declaratory relief, permitted by law.
Source
Laws 2016, LB750, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,143 - Telehealth; provider-patient relationship; prescription authority; applicability of section.

38-1,143.
Telehealth; provider-patient relationship; prescription authority; applicability of section.
(1) Except as otherwise provided in subsection (4) of this section, any credential holder under the Uniform Credentialing Act may establish a provider-patient relationship through telehealth.
(2) Any credential holder under the Uniform Credentialing Act who is providing a telehealth service to a patient may prescribe the patient a drug if the credential holder is authorized to prescribe under state and federal law.
(3) The department may adopt and promulgate rules and regulations pursuant to section 38-126 that are consistent with this section.
(4) This section does not apply to a credential holder under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, the Dialysis Patient Care Technician Registration Act, the Environmental Health Specialists Practice Act, the Funeral Directing and Embalming Practice Act, the Massage Therapy Practice Act, the Medical Radiography Practice Act, the Nursing Home Administrator Practice Act, the Perfusion Practice Act, the Surgical First Assistant Practice Act, or the Veterinary Medicine and Surgery Practice Act.
Source
Laws 2019, LB29, § 2;
Laws 2021, LB148, § 53.
Cross References
Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, see section 38-1001.
Dialysis Patient Care Technician Registration Act, see section 38-3701.
Environmental Health Specialists Practice Act, see section 38-1301.
Funeral Directing and Embalming Practice Act, see section 38-1401.
Massage Therapy Practice Act, see section 38-1701.
Medical Radiography Practice Act, see section 38-1901.
Nursing Home Administrator Practice Act, see section 38-2401.
Perfusion Practice Act, see section 38-2701.
Surgical First Assistant Practice Act, see section 38-3501.
Veterinary Medicine and Surgery Practice Act, see section 38-3301.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,144 - Schedule II controlled substance or other opiate; practitioner; duties.

38-1,144.
Schedule II controlled substance or other opiate; practitioner; duties.
(1) For purposes of this section, practitioner means a physician, a physician assistant, a dentist, a pharmacist, a podiatrist, an optometrist, a certified nurse midwife, a certified registered nurse anesthetist, and a nurse practitioner.
(2) When prescribing a controlled substance listed in Schedule II of section 28-405 or any other opiate as defined in section 28-401 not listed in Schedule II, prior to issuing the practitioner's initial prescription for a course of treatment for acute or chronic pain, a practitioner involved in the course of treatment as the primary prescribing practitioner or as a member of the patient's care team who is under the direct supervision or in consultation with the primary prescribing practitioner shall discuss with the patient, or the patient's parent or guardian if the patient is younger than eighteen years of age and is not emancipated, unless the discussion has already occurred with another member of the patient's care team within the previous sixty days:
(a) The risks of addiction and overdose associated with the controlled substance or opiate being prescribed, including, but not limited to:
(i) Controlled substances and opiates are highly addictive even when taken as prescribed;
(ii) There is a risk of developing a physical or psychological dependence on the controlled substance or opiate; and
(iii) Taking more controlled substances or opiates than prescribed, or mixing sedatives, benzodiazepines, or alcohol with controlled substances or opiates, can result in fatal respiratory depression;
(b) The reasons why the prescription is necessary; and
(c) Alternative treatments that may be available.
(3) This section does not apply to a prescription for a hospice patient or for a course of treatment for cancer or palliative care.
(4) This section terminates on January 1, 2029.
Source
Laws 2018, LB931, § 3;
R.S.Supp.,2018, § 28-473;
Laws 2019, LB556, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,145 - Opiates; legislative findings; limitation on certain prescriptions; practitioner; duties.

38-1,145.
Opiates; legislative findings; limitation on certain prescriptions; practitioner; duties.
(1) For purposes of this section, practitioner means a physician, a physician assistant, a dentist, a pharmacist, a podiatrist, an optometrist, a certified nurse midwife, a certified registered nurse anesthetist, and a nurse practitioner.
(2) The Legislature finds that:
(a) In most cases, acute pain can be treated effectively with nonopiate or nonpharmacological options;
(b) With a more severe or acute injury, short-term use of opiates may be appropriate;
(c) Initial opiate prescriptions for children should not exceed seven days for most situations, and two or three days of opiates will often be sufficient;
(d) If a patient needs medication beyond three days, the prescriber should reevaluate the patient prior to issuing another prescription for opiates; and
(e) Physical dependence on opiates can occur within only a few weeks of continuous use, so great caution needs to be exercised during this critical recovery period.
(3) A practitioner who is prescribing an opiate as defined in section 28-401 for a patient younger than eighteen years of age for outpatient use for an acute condition shall not prescribe more than a seven-day supply except as otherwise provided in subsection (4) of this section and, if the practitioner has not previously prescribed an opiate for such patient, shall discuss with a parent or guardian of such patient, or with the patient if the patient is an emancipated minor, the risks associated with use of opiates and the reasons why the prescription is necessary.
(4) If, in the professional medical judgment of the practitioner, more than a seven-day supply of an opiate is required to treat such patient's medical condition or is necessary for the treatment of pain associated with a cancer diagnosis or for palliative care, the practitioner may issue a prescription for the quantity needed to treat such patient's medical condition or pain. The practitioner shall document the medical condition triggering the prescription of more than a seven-day supply of an opiate in the patient's medical record and shall indicate that a nonopiate alternative was not appropriate to address the medical condition.
(5) This section does not apply to controlled substances prescribed pursuant to section 28-412.
(6) This section terminates on January 1, 2029.
Source
Laws 2018, LB931, § 4;
R.S.Supp.,2018, § 28-474;
Laws 2019, LB556, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,146 - Prescription; issuance; requirements; applicability.

38-1,146.
Prescription; issuance; requirements; applicability.
(1) For purposes of this section, prescriber means a health care practitioner authorized to prescribe controlled substances in the practice for which credentialed under the Uniform Credentialing Act.
(2) Except as otherwise provided in subsection (3) or (6) of this section, no prescriber shall, in this state, issue any prescription as defined in section 38-2840 for a controlled substance as defined in section 28-401 unless such prescription is issued (a) using electronic prescription technology, (b) from the prescriber issuing the prescription to a pharmacy, and (c) in accordance with all requirements of state law and the rules and regulations adopted and promulgated pursuant to such state law.
(3) The requirements of subsection (2) of this section shall not apply to prescriptions:
(a) Issued by veterinarians;
(b) Issued in circumstances where electronic prescribing is not available due to temporary technological or electrical failure;
(c) Issued when the prescriber and the dispenser are the same entity;
(d) Issued that include elements that are not supported by the Prescriber/Pharmacist Interface SCRIPT Standard of the National Council for Prescription Drug Programs as such standard existed on January 1, 2021;
(e) Issued for a drug for which the federal Food and Drug Administration requires the prescription to contain certain elements that are not able to be accomplished with electronic prescribing;
(f) Issued for dispensing a non-patient-specific prescription which is (i) an approved protocol for drug therapy or (ii) in response to a public health emergency;
(g) Issued for a drug for purposes of a research protocol;
(h) Issued under circumstances in which, notwithstanding the prescriber's ability to make an electronic prescription as required by this section, such prescriber reasonably determines (i) that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner and (ii) that such delay would adversely impact the patient's medical condition; or
(i) Issued for drugs requiring compounding.
(4) A pharmacist who receives a written, oral, or faxed prescription is not required to verify that the prescription falls under one of the exceptions listed in subsection (3) of this section. A pharmacist may continue to dispense medication from any otherwise valid written, oral, or faxed prescription consistent with the law and rules and regulations as they existed prior to January 1, 2022.
(5) A violation of this section shall not be grounds for disciplinary action under the Uniform Credentialing Act.
(6) A dentist shall not be subject to this section until January 1, 2024.
Source
Laws 2021, LB583, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,147 - Stem-cell-based therapy; informed written consent; required.

38-1,147.
Stem-cell-based therapy; informed written consent; required.
(1) For purposes of this section:
(a) Health care practitioner means a person licensed or certified under the Uniform Credentialing Act;
(b) Human stem cells means human cells, tissues, or cellular or tissue-based products, as defined in 21 C.F.R. 1271.3 as amended August 31, 2016, as published in the Federal Register at 81 Fed. Reg. 60223;
(c) Informed written consent related to stem-cell-based therapy means a signed writing executed by a patient that confirms that (i) a health care practitioner has explained the treatment, (ii) the treatment has not received the approval of the United States Food and Drug Administration, including for experimental use, and (iii) the patient understands that the treatment has not received such approval; and
(d) Stem-cell-based therapy means treatment using products derived from human stem cells.
(2) Any health care practitioner who performs stem-cell-based therapy shall, by informed written consent, communicate to any patient seeking stem-cell-based therapy from such practitioner that it is not approved by the United States Food and Drug Administration.
(3) This section does not apply to a health care practitioner using stem-cell-based therapy products that are approved by the United States Food and Drug Administration or stem-cell-based therapy for which the health care practitioner obtained approval for an investigational new drug or device from the United States Food and Drug Administration for use of human cells, tissues, or cellular or tissue-based products.
Source
Laws 2022, LB752, § 6.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1,148 - Physician wellness program; participation; record; confidential; exception; disclosure not required, when.

38-1,148.
Physician wellness program; participation; record; confidential; exception; disclosure not required, when.
(1) For purposes of this section:
(a) Physician peer coach means any health care provider licensed to practice medicine or surgery who provides coaching, training, or mentoring through a physician wellness program to another health care provider licensed to practice medicine or surgery under the Uniform Credentialing Act or to a student of an accredited school or college of medicine; and
(b) Physician wellness program means a program that (i) provides coaching, training, and mentoring services by physician peer coaches or coaches certified by a nationally recognized credentialing program for coach practitioners for the purpose of addressing issues related to career fatigue and wellness for individuals licensed to practice medicine and surgery under the Uniform Credentialing Act and students of an accredited school or college of medicine and (ii) is established, organized, or contracted by any statewide association exempt from taxation under section 501(c)(6) of the Internal Revenue Code of 1986 that primarily represents health care providers in multiple specialties who are licensed to practice medicine and surgery under the Uniform Credentialing Act. A physician wellness program does not include a program of evaluation, monitoring, treatment, or referral.
(2) Any record of a person's participation in a physician wellness program is confidential and not subject to discovery, subpoena, or a reporting requirement to the department unless the person voluntarily requests release of the information in writing or the physician peer coach determines that the person's condition constitutes a danger to the public health and safety by the person's continued practice of medicine or surgery.
(3) A person who contacts or participates in a physician wellness program shall not be required to disclose such contact or participation to any health care facility, hospital, medical staff person, accreditation organization, graduate medical education oversight body, health insurer, government agency, or other entity as a condition of participation, employment, credentialing, payment, licensure, compliance, or other requirement.
Source
Laws 2023, LB227, § 16.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-201 - Act, how cited.

38-201.
Act, how cited.
Sections 38-201 to 38-213 shall be known and may be cited as the Advanced Practice Registered Nurse Practice Act.
Source
Laws 2005, LB 256, § 36;
R.S.Supp.,2006, § 71-17,131;
Laws 2007, LB463, § 140;
Laws 2022, LB905, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-202 - Legislative findings and declarations.

38-202.
Legislative findings and declarations.
The Legislature finds and declares that:
(1) Because of the geographic maldistribution of health care services in Nebraska, it is necessary to utilize the skills and proficiency of existing health professionals more efficiently;
(2) It is necessary to encourage the more effective utilization of the skills of registered nurses by enabling them to perform advanced roles in nursing; and
(3) The purpose of the Advanced Practice Registered Nurse Practice Act is to encourage registered nurses to perform advanced roles in nursing.
Source
Laws 2005, LB 256, § 37;
R.S.Supp.,2006, § 71-17,132;
Laws 2007, LB463, § 141.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-203 - Definitions, where found.

38-203.
Definitions, where found.
For purposes of the Advanced Practice Registered Nurse Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-204 to 38-204.04 apply.
Source
Laws 2005, LB 256, § 38;
R.S.Supp.,2006, § 71-17,133;
Laws 2007, LB463, § 142;
Laws 2022, LB905, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-204.01 - Perinatal mental health disorder, defined.

38-204.01.
Perinatal mental health disorder, defined.
Perinatal mental health disorder means a mental health condition that occurs during pregnancy or during the postpartum period, including depression, anxiety, or postpartum psychosis.
Source
Laws 2022, LB905, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-204.04 - Questionnaire, defined.

38-204.04.
Questionnaire, defined.
Questionnaire means a screening tool administered by an advanced practice registered nurse to detect perinatal mental health disorders, such as the Edinburgh Postnatal Depression Scale, the Postpartum Depression Screening Scale, the Beck Depression Inventory, the Patient Health Questionnaire, or other validated screening methods.
Source
Laws 2022, LB905, § 6.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-205 - Board; members; qualifications; terms.

38-205.
Board; members; qualifications; terms.
(1) Until July 1, 2007, the board shall consist of (a) five advanced practice registered nurses representing different advanced practice registered nurse specialties for which a license has been issued, (b) five physicians licensed under the Uniform Licensing Law to practice medicine in Nebraska, at least three of whom shall have a current collaborating relationship with an advanced practice registered nurse, (c) three consumer members, and (d) one licensed pharmacist.
(2) On and after July 1, 2007, the board shall consist of:
(a) One nurse practitioner holding a license under the Nurse Practitioner Practice Act, one certified nurse midwife holding a license under the Certified Nurse Midwifery Practice Act, one certified registered nurse anesthetist holding a license under the Certified Registered Nurse Anesthetist Practice Act, and one clinical nurse specialist holding a license under the Clinical Nurse Specialist Practice Act, except that the initial clinical nurse specialist appointee may be a clinical nurse specialist practicing pursuant to the Nurse Practice Act as such act existed prior to July 1, 2007. Of the initial appointments under this subdivision, one shall be for a two-year term, one shall be for a three-year term, one shall be for a four-year term, and one shall be for a five-year term. All subsequent appointments under this subdivision shall be for five-year terms;
(b) Three physicians, one of whom shall have a professional relationship with a nurse practitioner, one of whom shall have a professional relationship with a certified nurse midwife, and one of whom shall have a professional relationship with a certified registered nurse anesthetist. Of the initial appointments under this subdivision, one shall be for a three-year term, one shall be for a four-year term, and one shall be for a five-year term. All subsequent appointments under this subdivision shall be for five-year terms; and
(c) Two public members. Of the initial appointments under this subdivision, one shall be for a three-year term, and one shall be for a four-year term. All subsequent appointments under this subdivision shall be for five-year terms.
(3) Members of the board serving immediately before July 1, 2007, shall serve until members are appointed and qualified under subsection (2) of this section.
Source
Laws 1996, LB 414, § 27;
Laws 2000, LB 1115, § 42;
R.S.1943, (2003), § 71-1718.01;
Laws 2005, LB 256, § 39;
R.S.Supp.,2006, § 71-17,134;
Laws 2007, LB185, § 36;
Laws 2007, LB463, § 144.
Cross References
Certified Nurse Midwifery Practice Act, see section 38-601.
Certified Registered Nurse Anesthetist Practice Act, see section 38-701.
Clinical Nurse Specialist Practice Act, see section 38-901.
Nurse Practice Act, see section 38-2201.
Nurse Practitioner Practice Act, see section 38-2301.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-206 - Board; duties.

38-206.
Board; duties.
The board shall:
(1) Establish standards for integrated practice agreements between collaborating physicians and certified nurse midwives;
(2) Monitor the scope of practice by certified nurse midwives, certified registered nurse anesthetists, clinical nurse specialists, and nurse practitioners;
(3) Recommend disciplinary action relating to licenses of advanced practice registered nurses, certified nurse midwives, certified registered nurse anesthetists, clinical nurse specialists, and nurse practitioners;
(4) Engage in other activities not inconsistent with the Advanced Practice Registered Nurse Practice Act, the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, and the Nurse Practitioner Practice Act; and
(5) Adopt rules and regulations to implement the Advanced Practice Registered Nurse Practice Act, the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, and the Nurse Practitioner Practice Act, for promulgation by the department as provided in section 38-126. Such rules and regulations shall also include: (a) Approved certification organizations and approved certification programs; and (b) professional liability insurance.
Source
Laws 1996, LB 414, § 28;
Laws 2000, LB 1115, § 43;
Laws 2002, LB 1021, § 56;
R.S.1943, (2003), § 71-1718.02;
Laws 2005, LB 256, § 40;
R.S.Supp.,2006, § 71-17,135;
Laws 2007, LB185, § 37;
Laws 2007, LB463, § 145;
Laws 2015, LB107, § 1.
Cross References
Certified Nurse Midwifery Practice Act, see section 38-601.
Certified Registered Nurse Anesthetist Practice Act, see section 38-701.
Clinical Nurse Specialist Practice Act, see section 38-901.
Nurse Practitioner Practice Act, see section 38-2301.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-207 - License; issuance; department; powers and duties.

38-207.
License; issuance; department; powers and duties.
The department shall issue a license as an advanced practice registered nurse to a registered nurse who meets the requirements of subsection (1) or (3) of section 38-208. The department may issue a license as an advanced practice registered nurse to a registered nurse pursuant to subsection (2) of section 38-208.
Source
Laws 2005, LB 256, § 41;
R.S.Supp.,2006, § 71-17,136;
Laws 2007, LB463, § 146.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-208 - License; qualifications; military spouse; temporary license.

38-208.
License; qualifications; military spouse; temporary license.
(1) An applicant for initial licensure as an advanced practice registered nurse shall:
(a) Be licensed as a registered nurse under the Nurse Practice Act or have authority based on the Nurse Licensure Compact to practice as a registered nurse in Nebraska;
(b) Be a graduate of or have completed a graduate-level advanced practice registered nurse program in a clinical specialty area of certified registered nurse anesthetist, clinical nurse specialist, certified nurse midwife, or nurse practitioner, which program is accredited by a national accrediting body;
(c) Be certified as a certified registered nurse anesthetist, a clinical nurse specialist, a certified nurse midwife, or a nurse practitioner, by an approved certifying body or an alternative method of competency assessment approved by the board, pursuant to the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, or the Nurse Practitioner Practice Act, as appropriate to the applicant's educational preparation;
(d) Provide evidence as required by rules and regulations; and
(e) Have committed no acts or omissions which are grounds for disciplinary action in another jurisdiction or, if such acts have been committed and would be grounds for discipline under the Nurse Practice Act, the board has found after investigation that sufficient restitution has been made.
(2) The department may issue a license under this section to an applicant who holds a license from another jurisdiction if the licensure requirements of such other jurisdiction meet or exceed the requirements for licensure as an advanced practice registered nurse under the Advanced Practice Registered Nurse Practice Act. An applicant under this subsection shall submit documentation as required by rules and regulations.
(3) A person licensed as an advanced practice registered nurse or certified as a certified registered nurse anesthetist or a certified nurse midwife in this state on July 1, 2007, shall be issued a license by the department as an advanced practice registered nurse on such date.
(4) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 2005, LB 256, § 42;
R.S.Supp.,2006, § 71-17,137;
Laws 2007, LB185, § 38;
Laws 2007, LB463, § 147;
Laws 2017, LB88, § 35.
Cross References
Certified Nurse Midwifery Practice Act, see section 38-601.
Certified Registered Nurse Anesthetist Practice Act, see section 38-701.
Clinical Nurse Specialist Practice Act, see section 38-901.
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
Nurse Practice Act, see section 38-2201.
Nurse Practitioner Practice Act, see section 38-2301.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-209 - License; renewal; requirements.

38-209.
License; renewal; requirements.
The license of each person licensed under the Advanced Practice Registered Nurse Practice Act shall be renewed at the same time and in the same manner as renewal of a license for a registered nurse and shall require that the applicant have (1) a license as a registered nurse issued by the state or have the authority based on the Nurse Licensure Compact to practice as a registered nurse in Nebraska, (2) documentation of continuing competency, either by reference, peer review, examination, or one or more of the continuing competency activities listed in section 38-145 and established by the board in rules and regulations, and (3) met any specific requirements for renewal under the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, or the Nurse Practitioner Practice Act, as applicable.
Source
Laws 2005, LB 256, § 43;
R.S.Supp.,2006, § 71-17,138;
Laws 2007, LB185, § 39;
Laws 2007, LB463, § 148.
Cross References
Certified Nurse Midwifery Practice Act, see section 38-601.
Certified Registered Nurse Anesthetist Practice Act, see section 38-701.
Clinical Nurse Specialist Practice Act, see section 38-901.
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
Nurse Practitioner Practice Act, see section 38-2301.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-210 - Expiration of license; conditions.

38-210.
Expiration of license; conditions.
An advanced practice registered nurse's license expires if he or she does not renew his or her license to practice as a registered nurse or is not authorized to practice as a registered nurse in this state under the Nurse Licensure Compact.
Source
Laws 2005, LB 256, § 45;
R.S.Supp.,2006, § 71-17,140;
Laws 2007, LB185, § 41;
Laws 2007, LB463, § 149.
Cross References
Nurse Licensure Compact, see sections 71-1795 to 71-1795.02.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-213 - Perinatal mental health disorders; referral network; questionnaire.

38-213.
Perinatal mental health disorders; referral network; questionnaire.
The board may work with accredited hospitals, advanced practice registered nurses, and licensed health care professionals and may create a referral network in Nebraska to develop policies, procedures, information, and educational materials to meet each of the following requirements concerning perinatal mental health disorders:
(1) An advanced practice registered nurse providing prenatal care may:
(a) Provide education to a pregnant patient and, if possible and with permission, to the patient's family about perinatal mental health disorders in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists; and
(b) Invite each pregnant patient to complete a questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists. Screening for perinatal mental health disorders may be repeated when, in the professional judgment of the advanced practice registered nurse, the patient is at increased risk for developing a perinatal mental health disorder;
(2) An advanced practice registered nurse providing postnatal care may invite each postpartum patient to complete a questionnaire and, if completed, shall review the questionnaire in accordance with the formal opinions and recommendations of the American College of Obstetricians and Gynecologists; and
(3) An advanced practice registered nurse providing pediatric care to an infant may invite the infant's mother to complete a questionnaire at any well-child checkup occurring during the first year of life at which the mother is present and, if completed, shall review the questionnaire in accordance with the formal opinions and recommendations of the American Academy of Pediatrics, in order to ensure that the health and well-being of the infant are not compromised by an undiagnosed perinatal mental health disorder in the mother.
Source
Laws 2022, LB905, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-302 - Definitions, where found.

38-302.
Definitions, where found.
For purposes of the Alcohol and Drug Counseling Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-303 to 38-309 apply.
Source
Laws 2004, LB 1083, § 115;
R.S.Supp.,2006, § 71-1,351;
Laws 2007, LB463, § 153.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-305 - Alcohol or drug abuse, defined.

38-305.
Alcohol or drug abuse, defined.
Alcohol or drug abuse means the abuse of alcohol or other drugs which have significant mood or perception changing capacities, which are likely to be physiologically or psychologically addictive, and the use of which have negative physical, social, or psychological consequences.
Source
Laws 2007, LB463, § 156.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-306 - Alcohol or drug dependence, defined.

38-306.
Alcohol or drug dependence, defined.
Alcohol or drug dependence means cognitive, behavioral, and psychological symptoms indicating the continued use of alcohol or other drugs despite significant alcohol or drug-related problems.
Source
Laws 2007, LB463, § 157.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-307 - Alcohol or drug disorder, defined.

38-307.
Alcohol or drug disorder, defined.
Alcohol or drug disorder means a substance-related disorder as defined by the department in rules and regulations substantially similar with the definitions of the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders.
Source
Laws 2007, LB463, § 158.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-309 - Core functions, defined.

38-309.
Core functions, defined.
Core functions means the following twelve activities an alcohol and drug counselor performs in the role of counselor: Screening, intake, orientation, assessment, treatment planning, counseling (individual, group, and significant others), case management, crisis intervention, client education, referral, reports and record keeping, and consultation with other professionals in regard to client treatment and services.
Source
Laws 2007, LB463, § 160.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-310 - Membership on board; qualifications.

38-310.
Membership on board; qualifications.
Membership on the board shall consist of seven professional members and two public members appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165. Three of the professional members shall be licensed alcohol and drug counselors who may also be licensed as psychologists or mental health practitioners, three of the professional members shall be licensed alcohol and drug counselors who are not licensed as psychologists or mental health practitioners, and one of the professional members shall be a psychiatrist, psychologist, or mental health practitioner.
Source
Laws 2007, LB463, § 161.