reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1514 - Qualifying examination; contents; purpose.

38-1514.
Qualifying examination; contents; purpose.
The qualifying examination provided in section 38-1512 shall be designed to demonstrate the applicant's adequate technical qualifications by:
(1) Tests of knowledge in the following areas as they pertain to the fitting and sale of hearing instruments:
(a) Basic physics of sound;
(b) The anatomy and physiology of the ear; and
(c) The function of hearing instruments; and
(2) Practical tests of proficiency in the following techniques as they pertain to the fitting of hearing instruments:
(a) Pure tone audiometry, including air conduction testing and bone conduction testing;
(b) Live voice or recorded voice speech audiometry;
(c) Masking when indicated;
(d) Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaptation of a hearing instrument; and
(e) Taking earmold impressions.
Source
Laws 1969, c. 767, § 9, p. 2908;
Laws 1986, LB 701, § 8;
R.S.1943, (2003), § 71-4709;
Laws 2007, LB463, § 578;
Laws 2009, LB195, § 32.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1515 - Applicant for licensure; continuing competency requirements.

38-1515.
Applicant for licensure; continuing competency requirements.
An applicant for licensure as a hearing instrument specialist who has met the education and examination requirements in section 38-1512, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.
Source
Laws 2007, LB463, § 579;
Laws 2009, LB195, § 33.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1516 - Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.

38-1516.
Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.
(1) An applicant for licensure as a hearing instrument specialist who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfactory to the department that he or she has within the three years immediately preceding the application for licensure completed continuing competency requirements approved by the board pursuant to section 38-145.
(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 2007, LB463, § 580;
Laws 2009, LB195, § 34;
Laws 2017, LB88, § 56.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1517 - Licensee; disciplinary action; additional grounds.

38-1517.
Licensee; disciplinary action; additional grounds.
In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a credential issued under the Hearing Instrument Specialists Practice Act may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or credential holder is found guilty of any of the following acts or offenses:
(1) Fitting and selling a hearing instrument to a child under the age of sixteen who has not been examined and cleared for hearing instrument use within a six-month period by an otolaryngologist without a signed waiver by the legal guardian. This subdivision shall not apply to the replacement with an identical model of any hearing instrument within one year of its purchase;
(2) Any other condition or acts which violate the Trade Practice Rules for the Hearing Aid Industry of the Federal Trade Commission or the Food and Drug Administration; or
(3) Violation of any provision of the Hearing Instrument Specialists Practice Act.
Source
Laws 1969, c. 767, § 12, p. 2909;
Laws 1986, LB 701, § 10;
Laws 1988, LB 1100, § 157;
Laws 1991, LB 456, § 37;
Laws 1994, LB 1223, § 51;
R.S.1943, (2003), § 71-4712;
Laws 2007, LB463, § 581;
Laws 2009, LB195, § 35.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1518 - Fees.

38-1518.
Fees.
The department shall establish and collect fees for credentialing activities under the Hearing Instrument Specialists Practice Act as provided in sections 38-151 to 38-157.
Source
Laws 1988, LB 1100, § 159;
Laws 1992, LB 1019, § 80;
Laws 2003, LB 242, § 127;
R.S.1943, (2003), § 71-4714.01;
Laws 2007, LB463, § 582;
Laws 2009, LB195, § 36.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1701 - Act, how cited.

38-1701.
Act, how cited.
Sections 38-1701 to 38-1725 shall be known and may be cited as the Massage Therapy Practice Act.
Source
Laws 2007, LB463, § 608;
Laws 2019, LB244, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1702 - Definitions, where found.

38-1702.
Definitions, where found.
For purposes of the Massage Therapy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1703 to 38-1707.01 apply.
Source
Laws 1955, c. 273, § 1, p. 861;
Laws 1987, LB 473, § 42;
R.S.Supp.,1987, § 71-2701;
Laws 1988, LB 1100, § 132;
Laws 1990, LB 1064, § 14;
Laws 1991, LB 10, § 2;
Laws 1993, LB 48, § 2;
Laws 1999, LB 828, § 142;
Laws 2003, LB 242, § 69;
R.S.1943, (2003), § 71-1,278;
Laws 2007, LB463, § 609;
Laws 2019, LB244, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1703 - Approved massage therapy school, defined.

38-1703.
Approved massage therapy school, defined.
Approved massage therapy school means (1) one which is approved by the board, (2) one which requires for admission a diploma from an accredited high school or its equivalent, (3) one which has attached to its staff a regularly licensed physician and employs one or more competent massage therapists as instructors, and (4) one which has a minimum requirement of a continuous course of study and training of not less than one thousand hours distributed over a term of not less than nine months. Such study and training shall consist of one hundred hours of each of the following: Physiology; anatomy; massage; pathology; hydrotherapy; hygiene and practical demonstration; and health service management. The remaining three hundred hours shall be obtained in subject areas related to the clinical practice of massage therapy.
Source
Laws 2007, LB463, § 610.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1706 - Massage therapy, defined.

38-1706.
Massage therapy, defined.
Massage therapy means the physical, mechanical, or electrical manipulation of soft tissue for the therapeutic purposes of enhancing muscle relaxation, reducing stress, improving circulation, or instilling a greater sense of well-being and may include the use of oil, salt glows, heat lamps, and hydrotherapy. Massage therapy does not include diagnosis or treatment or use of procedures for which a license to practice medicine or surgery, chiropractic, or podiatry is required nor the use of microwave diathermy, shortwave diathermy, ultrasound, transcutaneous electrical nerve stimulation, electrical stimulation of over thirty-five volts, neurological hyperstimulation, or spinal and joint adjustments.
Source
Laws 2007, LB463, § 613.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1707 - Massage therapy establishment, defined.

38-1707.
Massage therapy establishment, defined.
Massage therapy establishment means any duly licensed place in which a massage therapist practices his or her profession of massage therapy. Massage therapy establishment includes a mobile massage therapy establishment.
Source
Laws 2007, LB463, § 614;
Laws 2019, LB244, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1707.01 - Mobile massage therapy establishment, defined.

38-1707.01.
Mobile massage therapy establishment, defined.
Mobile massage therapy establishment means a self-contained, self-supporting, enclosed mobile unit licensed under the Massage Therapy Practice Act as a mobile site for the performance of the practices of massage therapy by persons licensed under the act.
Source
Laws 2019, LB244, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1708 - Massage therapy; persons excepted.

38-1708.
Massage therapy; persons excepted.
The Massage Therapy Practice Act shall not be construed to include the following classes of persons:
(1) Licensed physicians and surgeons, osteopathic physicians, chiropractors, registered nurses, practical nurses, cosmetologists, estheticians, nail technicians, physical therapists, barbers, and other persons credentialed under the Uniform Credentialing Act who are exclusively engaged in the practice of their respective professions;
(2) Physicians who serve in the armed forces of the United States or the United States Public Health Service or who are employed by the United States Department of Veterans Affairs or other federal agencies, if their practice is limited to that service or employment;
(3) Students performing massage therapy services when they render such services within the scope of an approved massage therapy school under the supervision of a licensed massage therapist; and
(4) Individuals who hold a current license as a massage therapist in another state and who travel with and provide massage therapy services to theatrical groups, entertainers, or athletic organizations.
Source
Laws 1955, c. 273, § 2, p. 862;
Laws 1957, c. 297, § 1, p. 1070;
R.S.1943, (1986), § 71-2702;
Laws 1988, LB 1100, § 133;
Laws 1989, LB 342, § 28;
Laws 1990, LB 1064, § 15;
R.S.1943, (2003), § 71-1,279;
Laws 2007, LB463, § 615.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1709 - School or establishment; massage therapist; license required.

38-1709.
School or establishment; massage therapist; license required.
No person shall engage in the practice of massage therapy or the operation of a massage therapy school or establishment unless he or she obtains a license from the department for that purpose.
Source
Laws 1955, c. 273, § 11, p. 866;
Laws 1957, c. 297, § 7, p. 1073;
R.S.1943, (1986), § 71-2712;
Laws 1988, LB 1100, § 137;
Laws 2002, LB 1021, § 31;
R.S.1943, (2003), § 71-1,280;
Laws 2007, LB463, § 616.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1710 - Massage therapy license; applicant; qualifications.

38-1710.
Massage therapy license; applicant; qualifications.
Every applicant for an initial license to practice massage therapy shall (1) present satisfactory evidence that he or she has attained the age of nineteen years, (2) present proof of graduation from an approved massage therapy school, and (3) pass an examination prescribed by the board.
Source
Laws 1955, c. 273, § 5, p. 863;
Laws 1957, c. 297, § 3, p. 1071;
Laws 1973, LB 512, § 1;
R.S.1943, (1986), § 71-2705;
Laws 1988, LB 1100, § 135;
Laws 1999, LB 828, § 143;
R.S.1943, (2003), § 71-1,281;
Laws 2007, LB463, § 617.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1711 - Massage therapy; temporary license; requirements; applicability of section.

38-1711.
Massage therapy; temporary license; requirements; applicability of section.
(1) A temporary license to practice massage therapy may be granted to any person who meets all the requirements for a license except passage of the licensure examination required by section 38-1710. A temporary licensee shall be supervised in his or her practice by a licensed massage therapist. A temporary license shall be valid for sixty days or until the temporary licensee takes the examination, whichever occurs first. In the event a temporary licensee fails the examination required by such section, the temporary license shall be null and void, except that the department, with the recommendation of the board, may extend the temporary license upon a showing of good cause why such license should be extended. A temporary license may not be extended beyond six months. A temporary license shall not be issued to any person failing the examination if such person did not hold a valid temporary license prior to his or her failure to pass the examination.
(2) This section shall not apply to a temporary license issued as provided under section 38-129.01.
Source
Laws 1993, LB 48, § 3;
Laws 1999, LB 828, § 144;
Laws 2003, LB 242, § 70;
R.S.1943, (2003), § 71-1,281.01;
Laws 2007, LB463, § 618;
Laws 2017, LB88, § 57.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1712 - Reciprocity; military spouse; temporary license.

38-1712.
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 Massage Therapy Practice Act or substantially equivalent requirements as determined by the department, with the recommendation of the board. An applicant for a license to practice 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, § 619;
Laws 2017, LB88, § 58.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1714 - Unprofessional conduct.

38-1714.
Unprofessional conduct.
For purposes of the Massage Therapy Practice Act, unprofessional conduct includes the conduct listed in section 38-179 and the provision by a massage therapist of sexual stimulation as part of massage therapy.
Source
Laws 2007, LB463, § 621.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1716 - Massage therapy establishment; license required.

38-1716.
Massage therapy establishment; license required.
No person shall operate or profess or attempt to operate a massage therapy establishment unless such establishment is licensed by the department under the Massage Therapy Practice Act. The department shall not issue or renew a license for a massage therapy establishment until all requirements of the act have been complied with. No person shall engage in any of the practices of massage therapy in any location or premises other than a licensed massage therapy establishment except as specifically permitted in the act.
Source
Laws 2019, LB244, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1717 - Mobile massage therapy establishment; applicant; requirements.

38-1717.
Mobile massage therapy establishment; applicant; requirements.
In order to be licensed as a mobile massage therapy establishment by the department, an applicant shall meet the following requirements:
(1) The proposed establishment is a self-contained, self-supporting, enclosed mobile unit;
(2) The establishment has an automobile insurance liability policy which meets the requirements of the department for the mobile unit;
(3) The establishment is clearly identified as such to the public by a sign placed on the outside of the establishment which includes the establishment's license number;
(4) The establishment complies with the sanitary requirements of the Massage Therapy Practice Act and the rules and regulations adopted and promulgated by the department under the act;
(5) The entrance into the proposed establishment used by the general public provides safe access by the public;
(6) The proposed establishment has at least forty-four square feet of floor space. If more than one practitioner is to be employed in the establishment at the same time, the establishment shall contain an additional space of at least fifty square feet for each additional practitioner; and
(7) The proposed establishment includes a functional sink and toilet facilities and maintains an adequate supply of clean water and wastewater storage capacity.
Source
Laws 2019, LB244, § 6.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1718 - Mobile massage therapy establishment; application; floor plan or blueprint.

38-1718.
Mobile massage therapy establishment; application; floor plan or blueprint.
Any person seeking a license to operate a mobile massage therapy establishment shall submit a completed application to the department, and along with the application, the applicant shall submit a detailed floor plan or blueprint of the proposed establishment sufficient to demonstrate compliance with the requirements of section 38-1717.
Source
Laws 2019, LB244, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1719 - Mobile massage therapy establishment; application; review; denial; inspection; issuance of permanent license.

38-1719.
Mobile massage therapy establishment; application; review; denial; inspection; issuance of permanent license.
Each application for a license to operate a mobile massage therapy establishment shall be reviewed by the department for compliance with the requirements of the Massage Therapy Practice Act and the rules and regulations adopted and promulgated by the department under the act. If an application is denied, the applicant shall be informed in writing of the grounds for denial, and such denial shall not prejudice future applications by the applicant. If an application is approved, the department shall issue the applicant a certificate of consideration to operate a mobile massage therapy establishment. The department shall conduct an operation inspection of each establishment issued a certificate of consideration within six months after the issuance of such certificate. An establishment which passes the inspection shall be issued a permanent license. An establishment which fails the inspection shall submit within fifteen days evidence of corrective action taken to improve those aspects of operation found deficient. If evidence is not submitted within fifteen days or if after a second inspection the establishment does not receive a satisfactory rating, it shall immediately relinquish its certificate of consideration and cease operation.
Source
Laws 2019, LB244, § 8.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1720 - Mobile massage therapy establishment; operation; requirements.

38-1720.
Mobile massage therapy establishment; operation; requirements.
In order to maintain its license in good standing, each mobile massage therapy establishment shall operate in accordance with the following requirements:
(1) The establishment shall at all times comply with all applicable provisions of the Massage Therapy Practice Act and all rules and regulations adopted and promulgated under the act;
(2) The establishment owner or his or her agent shall notify the department of any change of ownership, name, or office address and if an establishment is permanently closed;
(3) No establishment shall permit any unlicensed person to perform any of the practices of massage therapy within its confines or employment;
(4) The establishment shall display a name upon, over, or near the entrance door distinguishing it as a mobile massage therapy establishment;
(5) The establishment shall permit any duly authorized agent of the department to conduct an operation inspection or investigation at any time during the normal operating hours of the establishment, without prior notice, and the owner and manager shall assist the inspector by providing access to all areas of the establishment, all personnel, and all records requested by the inspector;
(6) The establishment shall display in a conspicuous place the following records:
(a) The current license or certificate of consideration to operate an establishment;
(b) The current licenses of all persons licensed under the act who are employed by or working in the establishment; and
(c) The rating sheet from the most recent operation inspection;
(7) At no time shall an establishment employ more employees than permitted by the square footage requirements of the Massage Therapy Practice Act;
(8) No massage therapy services may be performed in an establishment while the establishment is moving. The establishment must be safely and legally parked in a legal parking space at all times while clients are present inside the establishment. An establishment shall not park or conduct business within three hundred feet of another brick and mortar licensed massage therapy establishment. The department is not responsible for monitoring for enforcement of this subdivision but may discipline a license for a reported and verified violation;
(9) The owner of the establishment shall maintain a permanent business address at which correspondence from the department may be received and records of appointments, license numbers, and vehicle identification numbers shall be kept for each establishment being operated by the owner. The owner shall make such records available for verification and inspection by the department; and
(10) The establishment shall not knowingly permit its employees or clients to use, consume, serve, or in any manner possess or distribute intoxicating beverages or controlled substances upon its premises.
Source
Laws 2019, LB244, § 9.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1721 - Mobile massage therapy establishment license; renewal; procedure; insurance.

38-1721.
Mobile massage therapy establishment license; renewal; procedure; insurance.
The procedure for renewing a mobile massage therapy establishment license shall be in accordance with section 38-143, except that in addition to all other requirements, the establishment shall submit evidence of minimal property damage, bodily injury, and liability insurance coverage for the establishment and evidence of coverage which meets the requirements of the Motor Vehicle Registration Act for the establishment.
Source
Laws 2019, LB244, § 10.
Cross References
Motor Vehicle Registration Act, see section 60-301.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1722 - Mobile massage therapy establishment license revoked or expired; not reinstated.

38-1722.
Mobile massage therapy establishment license revoked or expired; not reinstated.
The license of a mobile massage therapy establishment that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such establishment may reopen for business.
Source
Laws 2019, LB244, § 11.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1723 - Mobile massage therapy establishment license; change of ownership or mobile unit; effect.

38-1723.
Mobile massage therapy establishment license; change of ownership or mobile unit; effect.
Each mobile massage therapy establishment license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and approved before such establishment may reopen for business.
Source
Laws 2019, LB244, § 12.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1724 - Mobile massage therapy establishment; owner; duties.

38-1724.
Mobile massage therapy establishment; owner; duties.
The owner of each mobile massage therapy establishment shall have full responsibility for ensuring that the establishment is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the establishment.
Source
Laws 2019, LB244, § 13.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1725 - Rules and regulations.

38-1725.
Rules and regulations.
The department may adopt and promulgate rules and regulations as it may deem necessary with reference to the conditions under which the practice of massage therapy shall be carried on and the precautions necessary to be employed to prevent the spread of infectious and contagious diseases, other than the practice of massage in mobile massage therapy establishments. The department may, if it deems necessary, adopt and promulgate rules and regulations related to mobile massage therapy establishments. The department shall have the power to enforce the Massage Therapy Practice Act and all necessary inspections in connection therewith.
Source
Laws 2007, LB463, § 622;
R.S.1943, (2016), § 38-1715;
Laws 2019, LB244, § 14.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1801 - Act, how cited.

38-1801.
Act, how cited.
Sections 38-1801 to 38-1822 shall be known and may be cited as the Medical Nutrition Therapy Practice Act.
Source
Laws 2007, LB463, § 623;
Laws 2023, LB227, § 24.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1802 - Legislative findings.

38-1802.
Legislative findings.
(1) The Legislature finds that:
(a) The unregulated practice of medical nutrition therapy can clearly harm or endanger the health, safety, and welfare of the public;
(b) The public can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by a less cost-effective means than state regulation of the practice of medical nutrition therapy. The Legislature also finds that dietitians and nutritionists must exercise independent judgment and that professional education, training, and experience are required to make such judgment.
(2) The Legislature further finds that the practice of medical nutrition therapy in the State of Nebraska is not sufficiently regulated for the protection of the health, safety, and welfare of the public. It declares that this is a matter of statewide concern and it shall be the policy of the State of Nebraska to promote high standards of professional performance by those persons representing themselves as licensed dietitian nutritionists and licensed nutritionists.
Source
Laws 1988, LB 557, § 1;
Laws 1995, LB 406, § 20;
R.S.1943, (2003), § 71-1,285;
Laws 2007, LB463, § 624;
Laws 2023, LB227, § 25.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1803 - Definitions, where found.

38-1803.
Definitions, where found.
For purposes of the Medical Nutrition Therapy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1803.01 to 38-1810.05 apply.
Source
Laws 1988, LB 557, § 2;
Laws 1995, LB 406, § 21;
Laws 1999, LB 828, § 146;
R.S.1943, (2003), § 71-1,286;
Laws 2007, LB463, § 625;
Laws 2023, LB227, § 26.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1803.01 - Appropriate supervision, defined.

38-1803.01.
Appropriate supervision, defined.
Appropriate supervision means the specific type, intensity, and frequency of supervision determined by an assessment of a combination of factors, which include discipline, level of education and experience of the supervisee, and assigned level of responsibility.
Source
Laws 2023, LB227, § 27.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1806 - Consultation, defined.

38-1806.
Consultation, defined.
Consultation means conferring with a physician, nurse practitioner, or physician assistant regarding the provision of medical nutrition therapy. In the inpatient setting, consultation may be satisfied by practicing under clinical privileges or following facility-established protocols. In the outpatient setting, consultation may be satisfied by conferring with a consulting physician or the referring primary care practitioner or physician of the patient.
Source
Laws 2007, LB463, § 628;
Laws 2023, LB227, § 28.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1807 - General nonmedical nutrition information, defined.

38-1807.
General nonmedical nutrition information, defined.
General nonmedical nutrition information means information on any of the following:
(1) Principles of good nutrition and food preparation;
(2) Food that should be included in the normal diet;
(3) Essential nutrients needed by the human body;
(4) Recommended amounts of essential nutrients required by the human body;
(5) Actions of nutrients in the human body; and
(6) Food and supplements that are good sources of essential nutrients required by the human body.
Source
Laws 2007, LB463, § 629;
Laws 2023, LB227, § 29.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1807.01 - General supervision for the purpose of post-degree clinical practice experience, defined.

38-1807.01.
General supervision for the purpose of post-degree clinical practice experience, defined.
General supervision for the purpose of post-degree clinical practice experience means the qualified supervisor is onsite and present at the location where nutrition-care services are provided or is immediately available by means of electronic communications to the supervisee providing the services and both maintains continued involvement in the appropriate aspects of patient care and has primary responsibility for all nutrition-care services rendered by the supervisee.
Source
Laws 2023, LB227, § 30.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1808 - Licensed dietitian nutritionist, defined.

38-1808.
Licensed dietitian nutritionist, defined.
Licensed dietitian nutritionist means a person who is licensed to practice medical nutrition therapy pursuant to the Uniform Credentialing Act and who holds a current license issued by the department pursuant to section 38-1813.
Source
Laws 2007, LB463, § 630;
Laws 2023, LB227, § 31.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1808.01 - Licensed nutritionist, defined.

38-1808.01.
Licensed nutritionist, defined.
Licensed nutritionist means a person who is licensed to practice medical nutrition therapy pursuant to the Uniform Credentialing Act and who holds a current license issued by the department pursuant to section 38-1817.
Source
Laws 2023, LB227, § 32.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1809 - Medical nutrition therapy, defined.

38-1809.
Medical nutrition therapy, defined.
Medical nutrition therapy means the assessment of the nutritional status of patients and the provision of the following nutrition-care services for the treatment or management of a disease or medical condition by:
(1) Assessing and evaluating the nutritional needs of people and groups and determining resources and constraints in the practice setting, including ordering laboratory tests to check and track nutrition status, creating dietary plans and orders, and monitoring the effectiveness of such plans and orders;
(2) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;
(3) Providing nutrition counseling; and
(4) Ordering therapeutic diets.
Source
Laws 2007, LB463, § 631;
Laws 2023, LB227, § 33.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1809.01 - Nutrition-care services, defined.

38-1809.01.
Nutrition-care services, defined.
Nutrition-care services means any or all of the following services provided within a systematic process:
(1) Assessing and evaluating the nutritional needs of people and groups and determining resources and constraints in the practice setting, including ordering laboratory tests to check and track nutrition status, creating dietary plans and orders, and monitoring the effectiveness of such plans and orders;
(2) Establishing priorities, goals, and objectives that meet nutritional needs and are consistent with available resources and constraints;
(3) Providing nutrition counseling, including in health and disease;
(4) Developing, implementing, and managing nutrition-care systems;
(5) Evaluating, changing, and maintaining appropriate standards of quality in food and nutrition services; and
(6) Ordering therapeutic diets.
Source
Laws 2023, LB227, § 34.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1809.02 - Nutrition counseling, defined.

38-1809.02.
Nutrition counseling, defined.
Nutrition counseling means a supportive process, characterized by a collaborative counselor-patient or counselor-client relationship with individuals or groups, to establish food and nutrition priorities, goals, and individualized action plans and general physical activity guidance that acknowledge and foster responsibility for self-care to treat or manage an existing disease or medical condition or to promote health and wellness.
Source
Laws 2023, LB227, § 35.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1810 - Patient, defined.

38-1810.
Patient, defined.
Patient means an individual recipient of medical nutrition therapy, whether in the outpatient or inpatient setting.
Source
Laws 2007, LB463, § 632;
Laws 2023, LB227, § 41.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1810.01 - Practice of dietetics and nutrition, defined.

38-1810.01.
Practice of dietetics and nutrition, defined.
Practice of dietetics and nutrition means the integration and application of scientific principles derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology, food management, and behavioral and social sciences in achieving and maintaining health throughout the life span and in providing nutrition care in person or by telehealth, including medical nutrition therapy, for the purpose of disease management and prevention, or to treat or rehabilitate an illness, injury, or condition. The primary functions of the practice of dietetics and nutrition are the provision of medical nutrition therapy for the purpose of disease management or to treat or rehabilitate an illness, injury, or condition and the provision of other nutrition-care services for health and wellness and as primary prevention of chronic disease.
Source
Laws 2023, LB227, § 36.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1810.02 - Primary care practitioner, defined.

38-1810.02.
Primary care practitioner, defined.
Primary care practitioner means a physician licensed pursuant to section 38-2026 or sections 38-2029 to 38-2033 who provides primary care services, a nurse practitioner licensed pursuant to section 38-2317 who provides primary care services, or a physician assistant licensed pursuant to section 38-2049 who provides primary care services under a collaborative agreement with the supervision of a physician.
Source
Laws 2023, LB227, § 37.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1810.03 - Qualified supervisor, defined; qualifications; licensure; required, when.

38-1810.03.
Qualified supervisor, defined; qualifications; licensure; required, when.
(1) Qualified supervisor means:
(a) When supervising the provision of medical nutrition therapy by a person who is completing post-degree clinical practice experience, a person who either:
(i) Is a licensed dietitian nutritionist, a licensed nutritionist, or a health care provider licensed in any state or territory, including licensed or certified dietitian nutritionists and licensed nutritionists, whose scope of practice includes the provision of medical nutrition therapy; or
(ii) In the case of a person in a state that does not provide for such licensure or certification, meets such other criteria as the board may establish, including by a registered dietitian nutritionist or a certified nutrition specialist, or is a health care provider authorized in another state or territory to provide medical nutrition therapy; and
(b) When supervising the provision of nutrition-care services that does not constitute medical nutrition therapy, a person who:
(i) Meets the qualifications of subdivision (1)(a) of this section; or
(ii) Has worked in the field of clinical nutrition for at least three of the last five years immediately preceding commencement of the applicant's supervised practice experience and holds a master's or doctoral degree with a major course of study in dietetics, human nutrition, foods and nutrition, clinical nutrition, applied clinical nutrition, community nutrition, public health nutrition, naturopathic medicine, nutrition education, nutrition counseling, nutrition science, nutrition and functional medicine, nutritional biochemistry, or nutrition and integrative health, or an equivalent course of study as approved by the board.
(2) In order to qualify as a qualified supervisor in Nebraska, a supervisor obtaining a doctoral degree outside the United States or its territories shall have such degree validated by the board as equivalent to the doctoral degree conferred by an accredited college or university in the United States or its territories.
(3) A qualified supervisor shall be licensed under the Uniform Credentialing Act to provide medical nutrition therapy if supervising an applicant providing medical nutrition therapy to a person in this state.
Source
Laws 2023, LB227, § 38.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1810.04 - Registered dietitian or registered dietitian nutritionist, defined.

38-1810.04.
Registered dietitian or registered dietitian nutritionist, defined.
Registered dietitian or registered dietitian nutritionist means a person who is currently registered as a registered dietitian or a registered dietitian nutritionist by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or a similar successor entity approved by the department.
Source
Laws 2023, LB227, § 39.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1810.05 - Therapeutic diet, defined.

38-1810.05.
Therapeutic diet, defined.
Therapeutic diet means a diet intervention prescribed by a physician or other health care professional that provides food or nutrients via oral, enteral, or parenteral routes as part of the treatment of a disease or diagnosed clinical condition to modify, eliminate, decrease, or increase identified micronutrients or macronutrients in the diet or to provide mechanically altered food when indicated.
Source
Laws 2023, LB227, § 40.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1811 - Board; membership; qualifications.

38-1811.
Board; membership; qualifications.
(1) The board shall consist of three professional members, one physician, and one public member appointed pursuant to section 38-158 until December 1, 2023.
(2) Beginning on December 1, 2023, the board shall consist of five members as follows: Three professional members, of which one shall be a licensed nutritionist or a licensed dietitian nutritionist and two shall be licensed dietitian nutritionists; one physician; and one public member.
(3) The members shall meet the requirements of sections 38-164 and 38-165.
Source
Laws 2007, LB463, § 633;
Laws 2023, LB227, § 42.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1814 - Reciprocity; military spouse; temporary license.

38-1814.
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 Medical Nutrition Therapy Practice Act or substantially equivalent requirements as determined by the department, with the recommendation of the board. An applicant for a license to practice 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, § 636;
Laws 2017, LB88, § 59.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1816 - Act, how construed; assisted-living facilities or nursing facilities; provision of medical nutrition therapy.

38-1816.
Act, how construed; assisted-living facilities or nursing facilities; provision of medical nutrition therapy.
(1) Nothing in the Medical Nutrition Therapy Practice Act shall be construed to permit a licensed dietitian nutritionist or a licensed nutritionist to practice any other profession regulated under the Uniform Credentialing Act.
(2) Nothing in the Medical Nutrition Therapy Practice Act shall require assisted-living facilities or nursing facilities to provide medical nutrition therapy, unless otherwise required by law, or employ or consult with licensed dietitian nutritionists or licensed nutritionists, so long as any medical nutrition therapy provided in such facilities is provided under an exemption listed under section 38-1812.
Source
Laws 1988, LB 557, § 9;
Laws 1994, LB 853, § 1;
Laws 1995, LB 406, § 29;
R.S.1943, (2003), § 71-1,293;
Laws 2007, LB463, § 638;
Laws 2023, LB227, § 51.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1818 - Appropriate supervision; requirements.

38-1818.
Appropriate supervision; requirements.
The board shall develop requirements for appropriate supervision consistent with prevailing professional standards considering factors that include, but are not limited to, level of education, experience, and level of responsibility. The requirements shall include:
(1) Adequate, active, and continuing review of the supervisee's activities to assure that the supervisee is performing as directed and complying with the statutes and all related administrative regulations;
(2) Personal review by the qualified supervisor of the supervisee's practice on a regular basis and regularly scheduled, face-to-face, education and review conferences between the qualified supervisor and the supervisee;
(3) Personal review of all charts, records, and clinical notes of the supervisee on a regular basis;
(4) Designation of an alternate qualified supervisor to supervise any services provided in the event of a qualified supervisor's absence; and
(5) Knowledge of, and adherence to, by each supervisee and qualified supervisor, the assigned level of responsibility and the permissible types of supervision and documentation as determined by the board in supervision requirements.
Source
Laws 2023, LB227, § 46.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1819 - Temporary license.

38-1819.
Temporary license.
(1) A temporary license to practice medical nutrition therapy may be granted to any person who meets all the requirements for a license except passage of the examination required by section 38-1813 or 38-1817. A temporary licensee shall be supervised by a qualified supervisor. A temporary license shall be valid for one year or until the temporary licensee takes the examination, whichever occurs first. The temporary licensee shall be designated by a title clearly indicating such licensee's status as a student or trainee. If a temporary licensee fails the examination required by section 38-1813 or 38-1817, the temporary license shall be null and void, except that the department, with the recommendation of the board, may extend the temporary license upon a showing of good cause for up to six months. A temporary license shall not be issued to any person who fails to pass the examination if such person did not hold a valid temporary license prior to the failure to pass the examination.
(2) This section shall not apply to a temporary license issued as provided under section 38-129.01.
Source
Laws 2023, LB227, § 47.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1820 - Medical nutrition therapy; authorized; use of titles, abbreviations, words; limitations.

38-1820.
Medical nutrition therapy; authorized; use of titles, abbreviations, words; limitations.
(1) Unless otherwise authorized or exempted under the Medical Nutrition Therapy Practice Act:
(a) Only a licensed dietitian nutritionist or licensed nutritionist may provide medical nutrition therapy; and
(b) No person shall use the title dietitian nutritionist, nutritionist, dietitian, licensed dietitian nutritionist, licensed medical nutrition therapist, licensed nutritionist, medical nutrition therapist, or licensed nutrition specialist, or the abbreviation LDN or LN, or any other title, designation, word, letter, abbreviation, or insignia indicating that the person is a provider of medical nutrition therapy or licensed under the Medical Nutrition Therapy Practice Act unless the person is a licensed dietitian nutritionist or a licensed nutritionist.
(2) Only a person who is issued a license as a dietitian nutritionist under the act may use the words licensed dietitian nutritionist, dietitian nutritionist, or dietitian or the letters LDN in connection with such person's name. Only a person who is issued a license as a nutritionist under the act may use the words licensed nutritionist or the letters LN in connection with such person's name. Only a person licensed under the act may use the word nutritionist in connection with such person's name. A person may use any lawfully earned federally trademarked title, and the following persons may use the following words, titles, or letters: (a) A registered dietitian nutritionist may use registered dietitian, registered dietitian nutritionist, rd, or rdn; (b) a person who is credentialed by the Board for Certification of Nutrition Specialists as a certified nutrition specialist may use certified nutrition specialist or cns; or (c) a board-certified nutrition pharmacist may use the title nutrition specialist.
Source
Laws 2023, LB227, § 48.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1822 - Student; accredited course on dietetics and nutrition; practice; limitations.

38-1822.
Student; accredited course on dietetics and nutrition; practice; limitations.
A student enrolled in an accredited course on dietetics and nutrition recognized by the board may perform any action necessary to complete the student's course of study and engage in the practice of medical nutrition therapy under the appropriate supervision of a supervisor in accordance with section 38-1813 or 38-1817 for a period of no more than five years after the student completes the course of study. The board may, in its discretion, grant a limited extension to such five-year period in the event of extraordinary circumstances to allow the student to satisfy the qualifications for licensure under section 38-1813 or 38-1817. For purposes of this section, extraordinary circumstances may include circumstances in which a person who legally provides medical nutrition therapy in another state has not met the qualifications for licensure under section 38-1813 or 38-1817 within the five-year period after completion of the course of study.
Source
Laws 2023, LB227, § 50.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1901 - Act, how cited.

38-1901.
Act, how cited.
Sections 38-1901 to 38-1920 shall be known and may be cited as the Medical Radiography Practice Act.
Source
Laws 2007, LB463, § 639;
Laws 2008, LB928, § 5;
Laws 2010, LB849, § 1.