reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,160 - Nail technology home services permit; salon operating requirements.

38-10,160.
Nail technology home services permit; salon operating requirements.
In order to maintain in good standing or renew its nail technology home services permit, a nail technology salon shall at all times operate in accordance with all requirements for operation, maintain its license in good standing, and comply with the following requirements:
(1)(a) Clients receiving nail technology home services shall be in emergency or persistent circumstances which shall generally be defined as any condition sufficiently immobilizing to prevent the client from leaving his or her residence regularly to conduct routine affairs of daily living such as grocery shopping, visiting friends and relatives, attending social events, attending worship services, and other similar activities.
(b) Emergency or persistent circumstances may include such conditions or situations as:
(i) Chronic illness or injury leaving the client bedridden or with severely restricted mobility;
(ii) Extreme general infirmity such as that associated with the aging process;
(iii) Temporary conditions including, but not limited to, immobilizing injury and recuperation from serious illness or surgery;
(iv) Having sole responsibility for the care of an invalid dependent or a mentally disabled person requiring constant attention;
(v) Mental disability that significantly limits the client in areas of functioning described in subdivision (1)(a) of this section; or
(vi) Any other conditions that, in the opinion of the department, meet the general definition of emergency or persistent circumstances;
(2) The nail technology salon shall determine that each person receiving nail technology home services meets the requirements of subdivision (1) of this section and shall:
(a) Complete a client information form supplied by the department before nail technology home services may be provided to any client; and
(b) Keep on file the client information forms of all clients it is currently providing with nail technology home services or to whom it has provided such services within the past two years;
(3) The nail technology salon shall employ or contract with persons licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to provide nail technology home services and shall not permit any person to perform any home services under its authority for which he or she is not licensed;
(4) No client shall be left unattended while any chemical service is in progress or while any electrical appliance is in use; and
(5) Each nail technology salon providing nail technology home services shall post a daily itinerary for each licensee providing home services. The kit for each licensee shall be available for inspection at the salon or at the home of the client receiving services.
Source
Laws 1999, LB 68, § 80;
R.S.1943, (2003), § 71-3,231;
Laws 2007, LB463, § 422;
Laws 2020, LB755, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,161 - Nail technology home services; inspections.

38-10,161.
Nail technology home services; inspections.
Agents of the department may make operation inspections in the homes of clients if such inspections are limited to the activities, procedures, and materials of the licensee providing nail technology home services.
Source
Laws 1999, LB 68, § 81;
R.S.1943, (2003), § 71-3,232;
Laws 2007, LB463, § 423.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,162 - Nail technology home services; performed by licensee.

38-10,162.
Nail technology home services; performed by licensee.
No licensee may perform nail technology home services except when employed by or under contract to a nail technology salon holding a valid nail technology home services permit.
Source
Laws 1999, LB 68, § 82;
R.S.1943, (2003), § 71-3,233;
Laws 2007, LB463, § 424.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,163 - Nail technology home services permit; renewal.

38-10,163.
Nail technology home services permit; renewal.
Each nail technology home services permit shall be subject to renewal at the same time as the nail technology salon license and shall be renewed upon request of the permitholder if the salon is operating its nail technology home services in compliance with the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and if the salon license is renewed. No permit that has been revoked or expired may be reinstated or transferred to another owner or location.
Source
Laws 1999, LB 68, § 83;
R.S.1943, (2003), § 71-3,234;
Laws 2007, LB463, § 425.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,164 - Nail technology home services permit; owner; responsibility.

38-10,164.
Nail technology home services permit; owner; responsibility.
The owner of each salon holding a nail technology home services permit shall have full responsibility for ensuring that the nail technology home services are provided in compliance with all applicable laws and rules and regulations and shall be liable for any violations which occur.
Source
Laws 1999, LB 68, § 84;
R.S.1943, (2003), § 71-3,235;
Laws 2007, LB463, § 426.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,165 - Body art; consent required; when; violation; penalty.

38-10,165.
Body art; consent required; when; violation; penalty.
No person shall perform body art on or to any person under eighteen years of age without the prior written consent of the parent or court-appointed guardian of such person. The person giving such consent must be present during the procedure. A copy of such consent shall be retained for a period of five years by the person performing such body art. Nothing in this section shall be construed to require the performance of body art on a person under eighteen years of age. Violation of this section is a Class III misdemeanor.
Source
Laws 2004, LB 906, § 34;
R.S.Supp.,2006, § 71-3,236;
Laws 2007, LB463, § 427.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,166 - Body art; act, how construed.

38-10,166.
Body art; act, how construed.
Nothing in the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall be construed to authorize a person performing body art to engage in the practice of medicine and surgery.
Source
Laws 2004, LB 906, § 35;
R.S.Supp.,2006, § 71-3,237;
Laws 2007, LB463, § 428.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,167 - Ordinances governing body art; authorized.

38-10,167.
Ordinances governing body art; authorized.
The licensure of persons performing body art or operating a body art facility under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall not be construed to restrict or prohibit a governing body of a county, city, or village from providing further requirements for performing body art or operating a body art facility within its jurisdiction under ordinances at least as stringent as, or more stringent than, the regulations of the act.
Source
Laws 2004, LB 906, § 36;
R.S.Supp.,2006, § 71-3,238;
Laws 2007, LB463, § 429.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,168 - Fees.

38-10,168.
Fees.
The department shall establish and collect fees for credentialing under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act as provided in sections 38-151 to 38-157.
Source
Laws 2007, LB463, § 430.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,169 - Department; conduct inspections; types; rules and regulations; manner conducted.

38-10,169.
Department; conduct inspections; types; rules and regulations; manner conducted.
(1) The department shall conduct inspections as required by the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. Two types of inspections shall be conducted which shall be known as operation inspections and accreditation inspections. An operation inspection shall be conducted to ascertain that an establishment or a facility is operating in full compliance with all laws, rules, and regulations. An accreditation inspection shall be conducted to accomplish the purposes of an operation inspection and to ascertain that a school of cosmetology, a nail technology school, a school of esthetics, or an apprentice salon is maintaining academic standards and requirements of a quality consistent with the purpose of the act. All accreditation inspections shall be announced at least two weeks prior to the actual inspection.
(2) The department, with the recommendation of the board, shall adopt and promulgate rules and regulations governing the standards and criteria to be used in the conduct of inspections, the rating system to be used, and the level of achievement necessary to receive a passing grade.
(3) Operation inspections shall be unannounced and shall be conducted during the normal working hours of the establishment or facility.
(4) At the conclusion of the inspection, the owner or manager of the establishment or facility shall receive a copy of the rating form, which form shall be promptly displayed, and a statement of any deficiencies noted.
Source
Laws 1986, LB 318, § 130;
Laws 1995, LB 83, § 52;
Laws 1999, LB 68, § 85;
Laws 2002, LB 241, § 47;
Laws 2004, LB 906, § 29;
Laws 2004, LB 1005, § 38;
R.S.Supp.,2006, § 71-3,169;
Laws 2007, LB463, § 431.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,170 - Inspection; unsatisfactory rating; effect.

38-10,170.
Inspection; unsatisfactory rating; effect.
If a cosmetology establishment, a nail technology establishment, or a body art facility receives a rating of unsatisfactory, it shall submit evidence to the department within fifteen days providing proof of corrective action taken. A repeat inspection shall be conducted within sixty days after the original inspection to determine if corrective action has occurred. The department may assess a fee for each repeat inspection required. If the establishment or facility receives an unsatisfactory rating on the repeat inspection, the establishment shall be fined as determined by the department by rule and regulation. If the establishment or facility receives an unsatisfactory rating after the second unsatisfactory inspection or fails to pay the fine assessed within thirty days after notice, the license shall immediately be placed on inactive status pending action by the department, and the establishment or facility may not operate in any manner while its license is inactive.
The owner or manager of an establishment or a facility whose license has been placed on inactive status may appear before the board and the department to show cause why the department should not ask the Attorney General to initiate steps to revoke the license. The department may, as a result of such appearance, grant additional time for corrective action to occur, but the establishment or facility may not operate during such time. The establishment or facility may not return to operation until it has achieved a satisfactory rating on an inspection.
Source
Laws 1986, LB 318, § 131;
Laws 1999, LB 68, § 86;
Laws 2004, LB 906, § 30;
R.S.Supp.,2006, § 71-3,170;
Laws 2007, LB463, § 432.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-10,172 - Scleral tattooing; prohibited acts; civil penalty.

38-10,172.
Scleral tattooing; prohibited acts; civil penalty.
(1) For purposes of this section, scleral tattooing means the practice of using needles, scalpels, or other related equipment to produce an indelible mark or figure on the human eye by scarring or inserting a pigment on, in, or under:
(a) The fornix conjunctiva;
(b) The bulbar conjunctiva;
(c) The ocular conjunctiva; or
(d) Another ocular surface.
(2) Except as provided in subsection (3) of this section, a person shall not perform or offer to perform scleral tattooing on another person.
(3) This section does not apply to a person licensed to practice medicine and surgery or osteopathic medicine and surgery pursuant to the Uniform Credentialing Act when the licensee is performing a procedure within the scope of her or his practice.
(4) In addition to the remedies authorized in section 38-140 or 38-1,124, a person who performs scleral tattooing without being authorized to do so under the Uniform Credentialing Act shall be subject to a civil penalty not to exceed ten thousand dollars for each violation. If a violation continues after notification, this constitutes a separate offense. The civil penalties shall be assessed in a civil action brought for such purpose by the Attorney General in the district court of the county in which the violation occurred. Any civil penalty assessed and unpaid under this section shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property. The department may also collect in such action attorney's fees and costs incurred in the collection of the civil penalty. The department shall, within thirty days after receipt, transmit any collected civil penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 2019, LB449, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1101 - Act, how cited.

38-1101.
Act, how cited.
Sections 38-1101 to 38-1152 shall be known and may be cited as the Dentistry Practice Act.
Source
Laws 2007, LB463, § 434;
Laws 2015, LB80, § 1;
Laws 2017, LB18, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1102 - Definitions, where found.

38-1102.
Definitions, where found.
For purposes of the Dentistry Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1102.01 to 38-1113 apply.
Source
Laws 2007, LB463, § 435;
Laws 2015, LB80, § 2;
Laws 2017, LB18, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1102.01 - Accredited dental assisting program, defined.

38-1102.01.
Accredited dental assisting program, defined.
Accredited dental assisting program means a program that is accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body, that is within a school or college approved by the board, and that requires a dental assisting curriculum of not less than one academic year.
Source
Laws 2017, LB18, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1103 - Accredited dental hygiene program, defined.

38-1103.
Accredited dental hygiene program, defined.
Accredited dental hygiene program means a program that is accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body, that is within a school or college approved by the board, and that requires a dental hygiene curriculum of not less than two academic years.
Source
Laws 2007, LB463, § 436.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1104 - Accredited school or college of dentistry, defined.

38-1104.
Accredited school or college of dentistry, defined.
Accredited school or college of dentistry means a school or college approved by the board and accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body.
Source
Laws 2007, LB463, § 437.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1106.01 - Deep sedation, defined.

38-1106.01.
Deep sedation, defined.
Deep sedation means a drug-induced depression of consciousness during which (1) a patient cannot be easily aroused but responds purposefully following repeated or painful stimulation, (2) the ability to independently maintain ventilatory function may be impaired, (3) a patient may require assistance in maintaining a patent airway and spontaneous ventilation may be inadequate, and (4) cardiovascular function is usually maintained.
Source
Laws 2015, LB80, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1107 - Dental assistant, defined.

38-1107.
Dental assistant, defined.
Dental assistant means a person who does not hold a license under the Dentistry Practice Act and who is employed for the purpose of assisting a licensed dentist in the performance of his or her clinical and clinical-related duties as described in section 38-1135.
Source
Laws 1986, LB 267, § 1;
Laws 1999, LB 800, § 2;
Laws 2001, LB 209, § 4;
Laws 2002, LB 1062, § 14;
R.S.1943, (2003), § 71-183.02;
Laws 2007, LB463, § 440;
Laws 2017, LB18, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1107.01 - Expanded function dental assistant, defined.

38-1107.01.
Expanded function dental assistant, defined.
Expanded function dental assistant means a licensed dental assistant who has met the requirements to practice as an expanded function dental assistant pursuant to section 38-1118.03.
Source
Laws 2017, LB18, § 6.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1107.02 - Expanded function dental hygienist, defined.

38-1107.02.
Expanded function dental hygienist, defined.
Expanded function dental hygienist means a licensed dental hygienist who has met the requirements to practice as an expanded function dental hygienist pursuant to section 38-1118.01.
Source
Laws 2017, LB18, § 8.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1108 - General anesthesia, defined.

38-1108.
General anesthesia, defined.
General anesthesia means a drug-induced loss of consciousness during which (1) a patient is not arousable, even by painful stimulation, (2) the ability to independently maintain ventilatory function is often impaired, (3) a patient often requires assistance in maintaining a patent airway and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function, and (4) cardiovascular function may be impaired.
Source
Laws 2007, LB463, § 441;
Laws 2015, LB80, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1109 - General supervision, defined.

38-1109.
General supervision, defined.
General supervision means the directing of the authorized activities of a dental hygienist or dental assistant by a licensed dentist and shall not be construed to require the physical presence of the supervisor when directing such activities.
Source
Laws 2007, LB463, § 442.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1110 - Indirect supervision, defined.

38-1110.
Indirect supervision, defined.
Indirect supervision means supervision when the licensed dentist authorizes the procedure to be performed by a dental hygienist or dental assistant and the licensed dentist is physically present on the premises when such procedure is being performed by the dental hygienist pursuant to section 38-1132 or the dental assistant.
Source
Laws 2007, LB463, § 443.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1111 - Inhalation analgesia, defined.

38-1111.
Inhalation analgesia, defined.
Inhalation analgesia means the administration of nitrous oxide and oxygen to diminish or eliminate pain in a conscious patient.
Source
Laws 2007, LB463, § 444.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1112 - Minimal sedation, defined.

38-1112.
Minimal sedation, defined.
Minimal sedation means a drug-induced depression of consciousness during which (1) a patient retains the ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command, (2) cognitive function and coordination may be modestly impaired, and (3) ventilatory and cardiovascular functions are unaffected.
Source
Laws 2007, LB463, § 445;
Laws 2015, LB80, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1113 - Moderate sedation, defined.

38-1113.
Moderate sedation, defined.
Moderate sedation means a drug-induced depression of consciousness during which (1) a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation, (2) no intervention is required to maintain a patent airway and spontaneous ventilation is adequate, and (3) cardiovascular function is usually maintained.
Source
Laws 2007, LB463, § 446;
Laws 2015, LB80, § 6.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1114 - Board; membership.

38-1114.
Board; membership.
The board shall have ten members. The members shall consist of two public members; six licensed dentists, including one official or member of the instructional staff from each accredited school or college of dentistry in this state; and two licensed dental hygienists.
Source
Laws 2007, LB463, § 447.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1117 - Dentistry; license; requirements.

38-1117.
Dentistry; license; requirements.
(1) Every applicant for a license to practice dentistry shall (a) present proof of graduation with a Doctor of Dental Surgery degree or a Doctor of Dental Medicine degree from an accredited school or college of dentistry, (b) pass an examination approved by the Board of Dentistry which shall consist of the National Board Dental Examinations, both Part I and Part II, as constructed and administered by the American Dental Association Joint Commission on National Dental Examinations, (c) demonstrate the applicant's skill in clinical dentistry by passing the practical examination administered by the Central Regional Dental Testing Service or any other regional or state practical examination that the Board of Dentistry determines to be comparable to such practical examination, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of dentistry and dental hygiene, and (e) demonstrate continuing clinical competency as a condition of licensure if required by the board.
(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant a license to practice dentistry.
Source
Laws 1927, c. 167, § 84, p. 476;
Laws 1929, c. 160, § 1, p. 555;
C.S.1929, § 71-1203;
R.S.1943, § 71-185;
Laws 1953, c. 238, § 4, p. 826;
Laws 1957, c. 292, § 2, p. 1049;
Laws 1984, LB 470, § 6;
Laws 1985, LB 250, § 12;
Laws 1988, LB 1100, § 30;
Laws 1999, LB 828, § 69;
Laws 2002, LB 1021, § 17;
Laws 2003, LB 242, § 34;
R.S.1943, (2003), § 71-185;
Laws 2007, LB463, § 450.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1118 - Dental hygienists; application for license; examination; qualifications; license.

38-1118.
Dental hygienists; application for license; examination; qualifications; license.
(1) Every applicant for a license to practice dental hygiene shall (a) present proof of graduation from an accredited dental hygiene program, (b) pass an examination approved by the Board of Dentistry which shall consist of the National Board Dental Hygiene Examination as constructed and administered by the American Dental Association Joint Commission on National Dental Examinations, (c) demonstrate the applicant's skill in clinical dental hygiene by passing the practical examination administered by the Central Regional Dental Testing Service or any other regional or state practical examination that the Board of Dentistry determines to be comparable to such practical examination, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of dentistry and dental hygiene, and (e) demonstrate continuing clinical competency as a condition of licensure if required by the board.
(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant a license to practice dental hygiene.
Source
Laws 1949, c. 200, § 1, p. 582;
Laws 1953, c. 238, § 5, p. 827;
Laws 1973, LB 589, § 1;
Laws 1986, LB 926, § 42;
Laws 1988, LB 1100, § 32;
Laws 1999, LB 828, § 73;
Laws 2001, LB 209, § 5;
R.S.1943, (2003), § 71-193.04;
Laws 2007, LB463, § 451.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1118.01 - Expanded function dental hygiene; application for permit; qualifications.

38-1118.01.
Expanded function dental hygiene; application for permit; qualifications.
(1) Every applicant for a permit to practice expanded function dental hygiene shall (a) present proof of current, valid licensure under the Dentistry Practice Act as a licensed dental hygienist at the time of application, (b) present proof of at least one thousand five hundred hours of experience as a licensed dental hygienist, (c) present proof of successful completion of courses and examinations in expanded function dental hygiene approved by the board, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of expanded function dental hygiene, and (e) complete continuing education as a condition of the permit if required by the board.
(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant the applicable permit to practice expanded function dental hygiene.
Source
Laws 2017, LB18, § 10.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1118.02 - Licensed dental assistant; application for license; qualifications.

38-1118.02.
Licensed dental assistant; application for license; qualifications.
(1) Every applicant for a license to practice as a licensed dental assistant shall (a) have a high school diploma or its equivalent, (b) present proof of (i) graduation from an accredited dental assisting program or (ii) a minimum of one thousand five hundred hours of experience as a dental assistant during the five-year period prior to the application for a license, (c) pass the examination to become a certified dental assistant administered by the Dental Assisting National Board or an equivalent examination approved by the Board of Dentistry, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of dental assisting, and (e) complete continuing education as a condition of licensure if required by the board.
(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant a license to practice as a licensed dental assistant.
Source
Laws 2017, LB18, § 11.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1118.03 - Expanded function dental assistant; application for permit; qualifications.

38-1118.03.
Expanded function dental assistant; application for permit; qualifications.
(1) Every applicant for a permit to practice as an expanded function dental assistant shall (a) present proof of current, valid licensure under the Dentistry Practice Act as a licensed dental assistant at the time of application, (b) present proof of at least one thousand five hundred hours of experience as a licensed dental assistant, (c) present proof of successful completion of courses and examinations in expanded function dental assisting approved by the board, (d) pass a jurisprudence examination approved by the board that is based on the Nebraska statutes, rules, and regulations governing the practice of expanded function dental assisting, and (e) complete continuing education as a condition of the permit if required by the board.
(2) Upon completion of these requirements, the department, with the recommendation of the board, shall issue the applicant the applicable permit to practice as an expanded function dental assistant.
Source
Laws 2017, LB18, § 12.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1119 - Reexamination; requirements.

38-1119.
Reexamination; requirements.
Any person who applies for a license to practice dentistry, dental hygiene, or dental assisting and who has failed on two occasions to pass any part of the practical examination shall be required to complete a course in clinical dentistry, dental hygiene, or dental assisting approved by the board before the department may consider the results of a third examination as a valid qualification for a license to practice dentistry, dental hygiene, or dental assisting in the State of Nebraska.
Source
Laws 2007, LB463, § 452;
Laws 2017, LB18, § 13.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1120 - Dentist; reciprocity; requirements.

38-1120.
Dentist; reciprocity; requirements.
Every applicant for a license to practice dentistry based on a license in another state or territory of the United States or the District of Columbia shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice of dentistry for at least three years, one of which must be within the three years immediately preceding the application, under a license in another state or territory of the United States or the District of Columbia. Practice in an accredited school or college of dentistry for the purpose of completing a postgraduate or residency program in dentistry also serves as active practice toward meeting this requirement.
Source
Laws 2007, LB463, § 453.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1121 - Dental hygienist; licensed dental assistant; reciprocity; requirements; military license; temporary license.

38-1121.
Dental hygienist; licensed dental assistant; reciprocity; requirements; military license; temporary license.
(1) Every applicant for a license to practice dental hygiene based on a license in another state or territory of the United States or the District of Columbia shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice of dental hygiene for at least three years, one of which must be within the three years immediately preceding the application, under a license in another state or territory of the United States or the District of Columbia. Practice in an accredited dental hygiene program for the purpose of completing a postgraduate or residency program in dental hygiene also serves as active practice toward meeting this requirement.
(2) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.
(3) Every applicant for a license to practice as a licensed dental assistant based on a license in another state or territory of the United States or the District of Columbia shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in practice as a licensed dental assistant for at least three years, one of which must be within the three years immediately preceding the application, under a license in another state or territory of the United States or the District of Columbia. Practice in an accredited dental assisting program for the purpose of completing a postgraduate or residency program in dental assisting also serves as active practice toward meeting this requirement.
Source
Laws 2007, LB463, § 454;
Laws 2017, LB18, § 14;
Laws 2017, LB88, § 47.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1122 - Dental locum tenens; issuance; requirements; term.

38-1122.
Dental locum tenens; issuance; requirements; term.
When circumstances indicate a need for the issuance of a dental locum tenens in the State of Nebraska, the department, with the recommendation of the board, may issue a dental locum tenens to an individual who holds an active license to practice dentistry in another state if the requirements regarding education and examination for licensure in that state are equal to or exceed the requirements regarding education and examination for licensure in Nebraska. A dental locum tenens may be issued for a period not to exceed ninety days in any twelve-month period.
Source
Laws 2007, LB463, § 455.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1123 - Dentist; temporary license; requirements; term; renewal.

38-1123.
Dentist; temporary license; requirements; term; renewal.
(1) The department, with the recommendation of the board, shall issue a temporary license to any person who (a) has met the requirements for a license to practice dentistry as set forth in section 38-1117, (b) is enrolled in an accredited school or college of dentistry for the purpose of completing a postgraduate or residency program in dentistry, and (c) is licensed in another jurisdiction under conditions which the board finds equivalent to the requirements of the State of Nebraska for obtaining a license to practice dentistry.
(2) Any person who desires a temporary license shall make application to the department. Such application shall be accompanied by the required fee.
(3) The temporary license shall be issued for a period of one year and, upon application to the department, renewed annually without the licensee having to pay a renewal fee.
(4) The temporary licensee shall be entitled to practice dentistry, including prescribing legend drugs and controlled substances, only under the auspices of the postgraduate or residency program in which he or she is enrolled.
Source
Laws 1988, LB 1100, § 31;
Laws 1999, LB 828, § 71;
Laws 2003, LB 242, § 35;
R.S.1943, (2003), § 71-185.02;
Laws 2007, LB463, § 456.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1125 - Practitioner's facility; requirements; inspections; rules and regulations.

38-1125.
Practitioner's facility; requirements; inspections; rules and regulations.
(1) For purposes of this section, practitioner's facility means a facility in which a licensed dentist practices his or her profession, other than a facility licensed pursuant to the Health Care Facility Licensure Act.
(2) The department shall adopt and promulgate rules and regulations which are approved by the State Board of Health for practitioners' facilities in order to insure that such facilities are safe and sanitary and use precautions necessary to prevent the creation and spread of infectious and contagious diseases. Based upon a formal complaint, the department or its employees may inspect any practitioner's facility in this state to insure compliance with such regulations.
(3) Within thirty days after an inspection of a practitioner's facility which the department or its employees find to be in violation of its rules and regulations, the department shall notify the Board of Dentistry of its findings in writing. The Attorney General shall file a petition for disciplinary action pursuant to section 38-186 if the violation of the rules and regulations is not corrected within thirty days after the licensee has received notice of such violation. The department shall send a written progress report of its inspection and actions taken to the board.
(4) It shall be considered unprofessional conduct for a licensee to practice in a facility that does not comply with the rules and regulations regarding sanitary practitioners' facilities.
Source
Laws 1984, LB 470, § 1;
Laws 1996, LB 1044, § 408;
Laws 1999, LB 828, § 70;
Laws 2000, LB 819, § 85;
R.S.1943, (2003), § 71-185.01;
Laws 2007, LB463, § 458.
Cross References
Alcoholic liquor, possession and use in practice, see section 53-168.06.
Health Care Facility Licensure Act, see section 71-401.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1127 - Dentists; name of associate; duty to display.

38-1127.
Dentists; name of associate; duty to display.
Every person who owns, operates, or controls a dental office in which anyone other than himself or herself is practicing dentistry, shall display the name of such person or persons in a conspicuous place at the public entrance to such office.
Source
Laws 1927, c. 167, § 88, p. 478;
C.S.1929, § 71-1207;
R.S.1943, § 71-189;
R.S.1943, (2003), § 71-189;
Laws 2007, LB463, § 460.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1127.01 - Expanded function dental assistant; expanded function dental hygienist; display of permit.

38-1127.01.
Expanded function dental assistant; expanded function dental hygienist; display of permit.
Every person who owns, operates, or controls a facility in which an expanded function dental assistant or an expanded function dental hygienist is practicing shall display the permit of such person issued by the board for expanded functions in a conspicuous place in such facility.
Source
Laws 2017, LB18, § 15.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1128 - Dentist; unlicensed associate prohibited; coercion prohibited.

38-1128.
Dentist; unlicensed associate prohibited; coercion prohibited.
(1) No person owning, operating, or conducting any place where dental work of any kind is done or contracted for shall employ or permit any unlicensed dentist to practice dentistry in such place.
(2) No person shall coerce or attempt to coerce a licensed dentist to practice dentistry in any manner contrary to the standards of acceptable and prevailing practice of the dental profession. Any dentist subjected to such coercion or attempted coercion has a cause of action against the person and may recover his or her damages and reasonable attorney's fees.
(3) Violation of this section by a health care professional regulated pursuant to the Uniform Credentialing Act may be considered evidence of an act of unprofessional conduct.
Source
Laws 1927, c. 167, § 89, p. 478;
C.S.1929, § 71-1208;
R.S.1943, § 71-190;
Laws 2004, LB 1005, § 12;
R.S.Supp.,2006, § 71-190;
Laws 2007, LB463, § 461.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1129 - Dentist; use of own name required; exception.

38-1129.
Dentist; use of own name required; exception.
No person shall operate any place in which dentistry is practiced under any other name than his or her own or display in connection with his or her practice or on any advertising matter any other than his or her own name. Two or more licensed dentists who are associated in the practice may use all of their names. A widow, widower, or heir of a deceased dentist may operate such office under the name of the deceased dentist for a period of not longer than one year from the date of death.
Source
Laws 1927, c. 167, § 90, p. 479;
C.S.1929, § 71-1209;
R.S.1943, § 71-191;
Laws 1957, c. 292, § 3, p. 1050;
R.S.1943, (2003), § 71-191;
Laws 2007, LB463, § 462.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1131 - Licensed dental hygienist; procedures and functions authorized; enumerated.

38-1131.
Licensed dental hygienist; procedures and functions authorized; enumerated.
When authorized by and under the general supervision of a licensed dentist, a licensed dental hygienist may perform the following intra and extra oral procedures and functions:
(1) Oral prophylaxis, periodontal scaling, and root planing which includes supragingival and subgingival debridement;
(2) Polish all exposed tooth surfaces, including restorations;
(3) Conduct and assess preliminary charting, probing, screening examinations, and indexing of dental and periodontal disease, with referral, when appropriate, for a dental diagnosis by a licensed dentist;
(4) Brush biopsies;
(5) Pulp vitality testing;
(6) Gingival curettage;
(7) Removal of sutures;
(8) Preventive measures, including the application of fluorides, sealants, and other recognized topical agents for the prevention of oral disease;
(9) Impressions for study casts;
(10) Application of topical and subgingival agents;
(11) Radiographic exposures;
(12) Oral health education, including conducting workshops and inservice training sessions on dental health;
(13) Application or administration of antimicrobial rinses, fluorides, and other anticariogenic agents;
(14) Upon completion of education and testing approved by the board, interim therapeutic restoration technique; and
(15) All of the duties that a dental assistant who is not licensed is authorized to perform.
Upon completion of education and testing approved by the board and when authorized by and under the general supervision of a licensed dentist, a licensed dental hygienist may write prescriptions for mouth rinses and fluoride products that help decrease the risk for tooth decay.
Source
Laws 1986, LB 572, § 3;
Laws 1999, LB 800, § 7;
R.S.1943, (2003), § 71-193.17;
Laws 2007, LB247, § 25;
Laws 2007, LB463, § 464;
Laws 2017, LB18, § 17.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1133 - Department; additional procedures; rules and regulations.

38-1133.
Department; additional procedures; rules and regulations.
The department, with the recommendation of the board, may, by rule and regulation, prescribe functions, procedures, and services in addition to those in section 38-1131 which may be performed by a licensed dental hygienist under the supervision of a licensed dentist when such additional procedures are educational or related to the oral prophylaxis and intended to attain or maintain optimal oral health.
Source
Laws 1986, LB 572, § 6;
Laws 1996, LB 1044, § 417;
R.S.1943, (2003), § 71-193.19;
Laws 2007, LB296, § 330;
Laws 2007, LB463, § 466.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1134 - Department; employment facilities; rules and regulations.

38-1134.
Department; employment facilities; rules and regulations.
The department, with the recommendation of the board, may adopt and promulgate rules and regulations providing for employment or work-setting facilities required for the provision of dental services by a licensed dental hygienist.
Source
Laws 1986, LB 572, § 7;
Laws 1996, LB 1044, § 418;
Laws 1999, LB 828, § 76;
R.S.1943, (2003), § 71-193.20;
Laws 2007, LB463, § 467.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1136 - Licensed dental hygienists and expanded function dental hygienists; employment authorized; performance of duties; rules and regulations; license or permit required.

38-1136.
Licensed dental hygienists and expanded function dental hygienists; employment authorized; performance of duties; rules and regulations; license or permit required.
(1) Any licensed dentist, public institution, or school may employ licensed dental hygienists and expanded function dental hygienists.
(2) The department, with the recommendation of the board, shall adopt and promulgate rules and regulations governing the performance of duties by licensed dental hygienists and expanded function dental hygienists. The rules and regulations shall include the degree of supervision which must be provided by a licensed dentist and the education and proof of competency requirements that must be met for any procedures performed by a licensed dental hygienist or an expanded function dental hygienist.
(3) No person shall practice dental hygiene in this state unless he or she holds a license as a licensed dental hygienist under the Dentistry Practice Act.
(4) No person shall practice expanded function dental hygiene in this state unless he or she holds a permit as an expanded function dental hygienist under the act.
(5) A licensed dentist shall only delegate duties to a licensed dental hygienist or an expanded function dental hygienist in accordance with rules and regulations adopted and promulgated pursuant to the Dentistry Practice Act. The licensed dentist supervising a licensed dental hygienist or an expanded function dental hygienist shall be responsible for patient care for each patient regardless of whether the patient care is rendered personally by the dentist or by a licensed dental hygienist or an expanded function dental hygienist.
Source
Laws 1971, LB 587, § 14;
Laws 1996, LB 1044, § 414;
Laws 1999, LB 800, § 4;
Laws 1999, LB 828, § 74;
R.S.1943, (2003), § 71-193.14;
Laws 2007, LB463, § 469;
Laws 2017, LB18, § 21.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1136.01 - Licensed dental assistant; additional functions, procedures, and services.

38-1136.01.
Licensed dental assistant; additional functions, procedures, and services.
The department, with the recommendation of the board, may, by rule and regulation, prescribe functions, procedures, and services in addition to those in section 38-1135 which may be performed by a licensed dental assistant under the supervision of a licensed dentist when intended to attain or maintain optimal oral health.
Source
Laws 2017, LB18, § 19.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1137 - Administration of anesthesia or sedation; permit required; exception.

38-1137.
Administration of anesthesia or sedation; permit required; exception.
A dentist licensed in this state shall not administer general anesthesia, deep sedation, moderate sedation, or minimal sedation in the practice of dentistry unless he or she has been issued the appropriate permit pursuant to the Dentistry Practice Act. A dentist licensed in this state may administer inhalation analgesia in the practice of dentistry without a permit pursuant to the act.
Source
Laws 1986, LB 438, § 3;
R.S.1943, (2003), § 71-193.23;
Laws 2007, LB463, § 470;
Laws 2015, LB80, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-1138 - Violations; effect.

38-1138.
Violations; effect.
A violation of provisions of the Dentistry Practice Act relating to the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation, or inhalation analgesia may result in action against the dentist's permit, license, or both pursuant to section 38-196.
Source
Laws 1986, LB 438, § 5;
Laws 1988, LB 1100, § 33;
R.S.1943, (2003), § 71-193.25;
Laws 2007, LB463, § 471;
Laws 2015, LB80, § 8.