reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 37 - Game and Parks › 37-1804 - Water Recreation Enhancement Fund; created; use; investment.

37-1804.
Water Recreation Enhancement Fund; created; use; investment.
(1) The Water Recreation Enhancement Fund is created. The fund shall be administered by the Game and Parks Commission. The State Treasurer shall credit to the fund any money transferred to the fund by the Legislature and such donations, gifts, bequests, or other money received from any federal or state agency or public or private source. Except as otherwise provided in subsections (2) and (3) of this section, the fund shall be used for water and recreational projects pursuant to the Water Recreation Enhancement Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act. Any investment earnings from investment of money in the fund shall be credited to the fund.
(2) For any amount credited to the fund from a source other than a transfer authorized by the Legislature, the State Treasurer shall transfer an equal amount from the Water Recreation Enhancement Fund to the Jobs and Economic Development Initiative Fund at the end of the fiscal year in which such funds were credited, on such dates as directed by the budget administrator of the budget division of the Department of Administrative Services to be used pursuant to section 61-405.
(3) Transfers may be made from the investment earnings in the Water Recreation Enhancement Fund to the Panhandle Improvement Project Cash Fund at the direction of the Legislature. The State Treasurer shall transfer one million dollars on July 1, 2023, or as soon thereafter as administratively possible, from the Water Recreation Enhancement Fund to the Panhandle Improvement Project Cash Fund.
Source
Laws 2022, LB1012, § 8;
Laws 2023, LB818, § 9.
Effective Date: May 25, 2023
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
Panhandle Improvement Project Cash Fund, see section 81-1213.03.
Water Recreation Enhancement Act, see section 37-1801.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-102 - Legislative findings.

38-102.
Legislative findings.
The Legislature recognizes the need for regulation of persons and businesses providing health and health-related services and environmental services. It is the intent of the Legislature to provide for such regulation through the Uniform Credentialing Act.
Source
Laws 2007, LB463, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-103 - Purposes of act.

38-103.
Purposes of act.
The purposes of the Uniform Credentialing Act are (1) to protect the public health, safety, and welfare by (a) providing for the credentialing of persons and businesses that provide health and health-related services and environmental services which are made subject to the act and (b) the development, establishment, and enforcement of standards for such services and (2) to provide for the efficient, adequate, and safe practice of such persons and businesses.
Source
Laws 2007, LB463, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-104 - Existing rules, regulations, licenses, certificates, and legal and administrative proceedings; how treated.

38-104.
Existing rules, regulations, licenses, certificates, and legal and administrative proceedings; how treated.
(1) All rules and regulations adopted prior to December 1, 2008, under the Uniform Licensing Law or other statutes amended or repealed by Laws 2007, LB 463, shall continue to be effective under the Uniform Credentialing Act to the extent not in conflict with the act.
(2) All licenses, certificates, registrations, permits, seals, practice agreements, or other forms of approval issued prior to December 1, 2008, in accordance with the Uniform Licensing Law or other statutes amended or repealed by Laws 2007, LB 463, shall remain valid as issued for purposes of the Uniform Credentialing Act unless revoked or otherwise terminated by law.
(3) Any suit, action, or other proceeding, judicial or administrative, which was lawfully commenced prior to December 1, 2008, under the Uniform Licensing Law or other statutes amended or repealed by Laws 2007, LB 463, shall be subject to the provisions of the Uniform Licensing Law or such other statutes as they existed prior to December 1, 2008.
Source
Laws 2007, LB463, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-105 - Definitions, where found.

38-105.
Definitions, where found.
For purposes of the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-106 to 38-120.03 apply.
Source
Laws 2007, LB463, § 5;
Laws 2017, LB88, § 29;
Laws 2018, LB701, § 2;
Laws 2019, LB112, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-107 - Alcohol or substance abuse, defined.

38-107.
Alcohol or substance abuse, defined.
Alcohol or substance abuse means a maladaptive pattern of alcohol or substance use leading to clinically significant impairment or distress as manifested by one or more of the following occurring at any time during the same twelve-month period:
(1) Recurrent alcohol or substance use resulting in a failure to fulfill major role obligations at work, school, or home;
(2) Recurrent alcohol or substance use in situations in which it is physically hazardous;
(3) Recurrent legal problems related to alcohol or substance use; or
(4) Continued alcohol or substance use despite having persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of the alcohol or substance use.
Source
Laws 2007, LB463, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-108 - Board, defined; no board established by statute; effect.

38-108.
Board, defined; no board established by statute; effect.
Board means one of the boards appointed by the State Board of Health pursuant to section 38-158 or appointed by the Governor pursuant to the Emergency Medical Services Practice Act. For professions for which there is no board established by statute, the duties normally carried out by a board are the responsibility of the department.
Source
Laws 2007, LB463, § 8;
Laws 2021, LB148, § 42.
Cross References
Emergency Medical Services Practice Act, see section 38-1201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-112 - Course of study, defined.

38-112.
Course of study, defined.
Course of study means a program of instruction necessary to obtain a credential meeting the requirements set out for each profession in the appropriate practice act and rules and regulations and includes a college, a professional school, a vocational school, hours of training, or a program of instruction with a similar designation.
Source
Laws 2007, LB463, § 12.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-115 - Dependence, defined.

38-115.
Dependence, defined.
Dependence means a maladaptive pattern of alcohol or substance use, leading to clinically significant impairment or distress, as manifested by three or more of the following occurring at any time in the same twelve-month period:
(1) Tolerance as defined by either of the following:
(a) A need for markedly increased amounts of alcohol or the substance to achieve intoxication or desired effect; or
(b) A markedly diminished effect with continued use of the same amount of alcohol or the substance;
(2) Withdrawal as manifested by either of the following:
(a) The characteristic withdrawal syndrome for alcohol or the substance as referred to in the Diagnostic and Statistical Manual of Mental Disorders — Fourth Edition, published by the American Psychiatric Association; or
(b) Alcohol or the same substance or a closely related substance is taken to relieve or avoid withdrawal symptoms;
(3) Alcohol or the substance is often taken in larger amounts or over a longer period than was intended;
(4) A persistent desire or unsuccessful efforts to cut down or control alcohol or substance use;
(5) A great deal of time is spent in activities necessary to obtain alcohol or the substance, to use alcohol or the substance, or to recover from the effects of use of alcohol or the substance;
(6) Important social, occupational, or recreational activities are given up or reduced because of alcohol or substance use; or
(7) Alcohol or substance use continues despite knowledge of having had a persistent or recurrent physical or psychological problem that was likely to have been caused or exacerbated by alcohol or the substance.
Source
Laws 2007, LB463, § 15.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-117 - Inactive credential, defined.

38-117.
Inactive credential, defined.
Inactive credential means a credential which the credential holder has voluntarily placed on inactive status and by which action has terminated the right to practice or represent himself or herself as having an active credential.
Source
Laws 2007, LB463, § 17.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-117.01 - Low-income individual, defined.

38-117.01.
Low-income individual, defined.
Low-income individual means an individual enrolled in a state or federal public assistance program, including, but not limited to, the medical assistance program established pursuant to the Medical Assistance Act, the federal Supplemental Nutrition Assistance Program, or the federal Temporary Assistance for Needy Families program, or whose household adjusted gross income is below one hundred thirty percent of the federal income poverty guideline or a higher threshold to be set by the Licensure Unit of the Division of Public Health of the Department of Health and Human Services.
Source
Laws 2019, LB112, § 3.
Cross References
Medical Assistance Act, see section 68-901.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-117.02 - Military families, defined.

38-117.02.
Military families, defined.
Military families means active duty service members in the armed services of the United States, military spouses, honorably discharged veterans of the armed services of the United States, spouses of such honorably discharged veterans, and unremarried surviving spouses of deceased service members of the armed services of the United States.
Source
Laws 2019, LB112, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-118 - License, defined.

38-118.
License, defined.
License means an authorization issued by the department to an individual to engage in a profession or to a business to provide services which would otherwise be unlawful in this state in the absence of such authorization.
Source
Laws 2007, LB463, § 18.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-118.01 - Military spouse, defined.

38-118.01.
Military spouse, defined.
Military spouse means the spouse of an active duty service member in the armed forces of the United States.
Source
Laws 2017, LB88, § 30;
Laws 2019, LB112, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-120.01 - Telehealth, defined.

38-120.01.
Telehealth, defined.
Telehealth means the use of medical information electronically exchanged from one site to another, whether synchronously or asynchronously, to aid a credential holder in the diagnosis or treatment of a patient. Telehealth includes services originating from a patient's home or any other location where such patient is located, asynchronous services involving the acquisition and storage of medical information at one site that is then forwarded to or retrieved by a credential holder at another site for medical evaluation, and telemonitoring.
Source
Laws 2018, LB701, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-120.02 - Telemonitoring, defined.

38-120.02.
Telemonitoring, defined.
Telemonitoring means the remote monitoring of a patient's vital signs, biometric data, or subjective data by a monitoring device which transmits such data electronically to a credential holder for analysis and storage.
Source
Laws 2018, LB701, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-120.03 - Young worker, defined.

38-120.03.
Young worker, defined.
Young worker means (1) for an initial credential under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, except for a body art license, an applicant who is between the ages of seventeen and twenty-five years or (2) for an initial credential issued under any other provision of the Uniform Credentialing Act, including a body art license, an applicant who is between the ages of eighteen and twenty-five years.
Source
Laws 2019, LB112, § 6.
Cross References
Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, see section 38-1001.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-122 - Credential; form.

38-122.
Credential; form.
Every initial credential to practice a profession or engage in a business shall be in the form of a document under the name of the department.
Source
Laws 1927, c. 167, § 5, p. 455;
C.S.1929, § 71-204;
R.S.1943, § 71-105;
Laws 1994, LB 1210, § 12;
Laws 1996, LB 1044, § 374;
Laws 1999, LB 828, § 9;
R.S.1943, (2003), § 71-105;
Laws 2007, LB296, § 299;
Laws 2007, LB463, § 22;
Laws 2018, LB1034, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-123 - Record of credentials issued under act; department; duties; contents.

38-123.
Record of credentials issued under act; department; duties; contents.
(1) The department shall establish and maintain a record of all credentials issued pursuant to the Uniform Credentialing Act. The record shall contain identifying information for each credential holder and the credential issued pursuant to the act.
(2) For individual credential holders engaged in a profession:
(a) The record information shall include:
(i) The name, date and place of birth, and social security number;
(ii) The street, rural route, or post office address;
(iii) The school and date of graduation;
(iv) The name of examination, date of examination, and ratings or grades received, if any;
(v) The type of credential issued, the date the credential was issued, the identifying name and number assigned to the credential, and the basis on which the credential was issued;
(vi) The status of the credential; and
(vii) A description of any disciplinary action against the credential, including, but not limited to, the type of disciplinary action, the effective date of the disciplinary action, and a description of the basis for any such disciplinary action;
(b) The record may contain any additional information the department deems appropriate to advance or support the purpose of the Uniform Credentialing Act;
(c) The record may be maintained in computer files or paper copies and may be stored on microfilm or in similar form; and
(d) The record is a public record, except that social security numbers shall not be public information but may be shared as specified in subsection (5) of section 38-130.
(3) For credential holders engaged in a business:
(a) The record information shall include:
(i) The full name and address of the business;
(ii) The type of credential issued, the date the credential was issued, the identifying name and number assigned to the credential, and the basis on which the credential was issued;
(iii) The status of the credential; and
(iv) A description of any disciplinary action against the credential, including, but not limited to, the type of disciplinary action, the effective date of the disciplinary action, and a description of the basis for any such disciplinary action;
(b) The record may contain any additional information the department deems appropriate to advance or support the purpose of the Uniform Credentialing Act;
(c) The record may be maintained in computer files or paper copies and may be stored on microfilm or in similar form; and
(d) The record is a public record.
(4) Except as otherwise specifically provided, if the department is required to provide notice or notify an applicant or credential holder under the Uniform Credentialing Act, such requirements shall be satisfied by sending a notice to such applicant or credential holder at his or her last address of record.
Source
Laws 2007, LB463, § 23;
Laws 2017, LB417, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-124 - Credential holder's advertisement; contents; credential; availability; identity of profession or business.

38-124.
Credential holder's advertisement; contents; credential; availability; identity of profession or business.
(1) Any credential holder's advertisement for health care services shall identify the type of credential or credentials held by the credential holder pursuant to the definitions, titles, and abbreviations authorized under the practice act applicable to his or her credential or credentials or the examination designations required for a credential under the practice act applicable to his or her credential or credentials. The advertisement shall not include deceptive or misleading information and shall not include any affirmative communication or representation that misstates, falsely describes, or falsely represents the skills, training, expertise, education, board certification, or credential or credentials of the credential holder.
(2) Every person credentialed under the Uniform Credentialing Act shall make his or her current credential available upon request. The department, with the recommendation of the appropriate board, if any, shall determine how a consumer will be able to identify a credential holder. The method of identification shall be clear and easily accessed and used by the consumer. All signs, announcements, stationery, and advertisements of persons credentialed under the act shall identify the profession or business for which the credential is held.
Source
Laws 1927, c. 167, § 7, p. 456;
C.S.1929, § 71-206;
Laws 1935, c. 142, § 28, p. 529;
C.S.Supp.,1941, § 71-206;
Laws 1943, c. 150, § 2, p. 539;
R.S.1943, § 71-107;
Laws 1957, c. 298, § 6, p. 1076;
Laws 1961, c. 337, § 4, p. 1051;
Laws 1978, LB 406, § 2;
Laws 1985, LB 129, § 2;
Laws 1986, LB 286, § 28;
Laws 1986, LB 579, § 20;
Laws 1988, LB 557, § 14;
Laws 1988, LB 1100, § 6;
Laws 1989, LB 342, § 5;
Laws 1993, LB 669, § 4;
Laws 1994, LB 1210, § 14;
Laws 1995, LB 406, § 12;
Laws 1999, LB 828, § 10;
Laws 2004, LB 1083, § 105;
R.S.Supp.,2006, § 71-107;
Laws 2007, LB236, § 3;
Laws 2007, LB463, § 24;
Laws 2015, LB452, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-125 - Certification and verification of credentials.

38-125.
Certification and verification of credentials.
(1) Upon request and payment of the required fee, the department shall provide certification of a credential which shall include a certified statement that provides information regarding the basis on which a credential was issued, the date of issuance, and whether disciplinary action has been taken against the credential.
(2) Upon request and payment of the required fee, the department shall provide verification of a credential which shall include written confirmation as to whether a credential is valid at the time the request is made.
Source
Laws 1927, c. 167, § 44, p. 465;
C.S.1929, § 71-506;
R.S.1943, § 71-145;
Laws 1986, LB 286, § 44;
Laws 1986, LB 579, § 36;
Laws 1994, LB 1210, § 24;
Laws 1996, LB 1044, § 381;
Laws 2003, LB 242, § 19;
R.S.1943, (2003), § 71-145;
Laws 2007, LB463, § 25.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-126 - Rules and regulations; board and department; adopt.

38-126.
Rules and regulations; board and department; adopt.
To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe practice of health services, health-related services, and environmental services:
(1)(a) The appropriate board may adopt rules and regulations to:
(i) Specify minimum standards required for a credential, including education, experience, and eligibility for taking the credentialing examination, specify methods to meet the minimum standards through military service as provided in section 38-1,141, and on or before December 15, 2017, specify standards and procedures for issuance of temporary credentials for military spouses as provided in section 38-129.01;
(ii) Designate credentialing examinations, specify the passing score on credentialing examinations, and specify standards, if any, for accepting examination results from other jurisdictions;
(iii) Set continuing competency requirements in conformance with section 38-145;
(iv) Set standards for waiver of continuing competency requirements in conformance with section 38-146;
(v) Set standards for courses of study; and
(vi) Specify acts in addition to those set out in section 38-179 that constitute unprofessional conduct; and
(b) The department shall promulgate and enforce such rules and regulations;
(2) For professions or businesses that do not have a board created by statute:
(a) The department may adopt, promulgate, and enforce such rules and regulations; and
(b) The department shall carry out any statutory powers and duties of the board;
(3) The department, with the recommendation of the appropriate board, if any, may adopt, promulgate, and enforce rules and regulations for the respective profession, other than those specified in subdivision (1) of this section, to carry out the Uniform Credentialing Act; and
(4) The department may adopt, promulgate, and enforce rules and regulations with general applicability to carry out the Uniform Credentialing Act.
Source
Laws 1927, c. 167, § 68, p. 472;
C.S.1929, § 71-902;
R.S.1943, § 71-169;
Laws 1996, LB 1044, § 401;
R.S.1943, (2003), § 71-169;
Laws 2007, LB296, § 321;
Laws 2007, LB463, § 26;
Laws 2015, LB264, § 2;
Laws 2017, LB88, § 32.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-127 - Statutes, rules, and regulations; availability; duty of department.

38-127.
Statutes, rules, and regulations; availability; duty of department.
The department shall have available for each profession and business regulated under the Uniform Credentialing Act the applicable statutes, rules, and regulations relative to the credentials for the appropriate profession or business.
Source
Laws 1927, c. 167, § 69, p. 472;
C.S.1929, § 71-903;
R.S.1943, § 71-170;
Laws 1986, LB 286, § 75;
Laws 1986, LB 579, § 67;
Laws 1994, LB 1210, § 51;
Laws 1996, LB 1044, § 402;
Laws 1999, LB 828, § 57;
R.S.1943, (2003), § 71-170;
Laws 2007, LB463, § 27.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-128 - Legislative intent; department review of credentialed professions and businesses.

38-128.
Legislative intent; department review of credentialed professions and businesses.
(1) It is the intent of the Legislature that quality health care services and human services be provided to the public and basic standards be developed to protect the public health and safety and that professions be regulated by the state only when it is demonstrated that such regulation is in the best interests of the public.
(2) The department shall periodically review each credentialed profession and business to determine if continued credentialing is needed to protect the public.
Source
Laws 1999, LB 828, § 8;
R.S.1943, (2003), § 71-1,343;
Laws 2007, LB463, § 28.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-129 - Issuance of credential; qualifications.

38-129.
Issuance of credential; qualifications.
(1) No individual shall be issued a credential under the Uniform Credentialing Act until he or she has furnished satisfactory evidence to the department that he or she is of good character and has attained the age of nineteen years except as otherwise specifically provided by statute, rule, or regulation.
(2) A credential may only be issued to (a) a citizen of the United States, (b) an alien lawfully admitted into the United States who is eligible for a credential under the Uniform Credentialing Act, (c) a nonimmigrant lawfully present in the United States who is eligible for a credential under the Uniform Credentialing Act, or (d) a person who submits (i) an unexpired employment authorization document issued by the United States Department of Homeland Security, Form I-766, and (ii) documentation issued by the United States Department of Homeland Security, the United States Citizenship and Immigration Services, or any other federal agency, such as one of the types of Form I-797 used by the United States Citizenship and Immigration Services, demonstrating that such person is described in section 202(c)(2)(B)(i) through (x) of the federal REAL ID Act of 2005, Public Law 109-13. Such credential shall be valid only for the period of time during which such person's employment authorization document is valid.
Source
Laws 1927, c. 167, § 3, p. 455;
C.S.1929, § 71-202;
R.S.1943, § 71-103;
Laws 1969, c. 560, § 1, p. 2278;
Laws 1974, LB 811, § 6;
Laws 1986, LB 286, § 25;
Laws 1986, LB 579, § 17;
Laws 1986, LB 926, § 2;
Laws 1994, LB 1210, § 10;
R.S.1943, (2003), § 71-103;
Laws 2007, LB463, § 29;
Laws 2011, LB225, § 1;
Laws 2016, LB947, § 3;
Laws 2020, LB944, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-129.01 - Temporary credential to military spouse; issuance; period valid.

38-129.01.
Temporary credential to military spouse; issuance; period valid.
(1) The department, with the recommendation of the appropriate board, shall issue a temporary credential to a military spouse who complies with and meets the requirements of this section pending issuance of the applicable credential under the Uniform Credentialing Act. This section shall not apply to a license to practice dentistry, including a temporary license under section 38-1123.
(2) A military spouse shall submit the following with his or her application for the applicable credential:
(a) A copy of his or her military dependent identification card which identifies him or her as the spouse of an active duty member of the United States Armed Forces;
(b) A copy of his or her spouse's military orders reflecting an active-duty assignment in Nebraska;
(c) A copy of his or her credential from another jurisdiction and the applicable statutes, rules, and regulations governing the credential; and
(d) A copy of his or her fingerprints for a criminal background check if required under section 38-131.
(3) If the department, with the recommendation of the appropriate board, determines that the applicant is the spouse of an active duty member of the United States Armed Forces who is assigned to a duty station in Nebraska, holds a valid credential in another jurisdiction which has similar standards for the profession to the Uniform Credentialing Act and the rules and regulations adopted and promulgated under the act, and has submitted fingerprints for a criminal background check if required under section 38-131, the department shall issue a temporary credential to the applicant. The applicant shall not be required to pay any fees pursuant to the Uniform Credentialing Act for the temporary credential or the initial regular credential except the actual cost of the fingerprinting and criminal background check for an initial license under section 38-131.
(4) A temporary credential issued under this section shall be valid until the application for the regular credential is approved or rejected, not to exceed one year.
Source
Laws 2017, LB88, § 33;
Laws 2019, LB112, § 7;
Laws 2021, LB390, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-130 - Credential; application; contents.

38-130.
Credential; application; contents.
(1) An individual shall file an application for a credential to practice a profession with the department accompanied by the fee set pursuant to the Uniform Credentialing Act. The application shall contain:
(a) The legal name of the applicant;
(b) The date and place of birth of the applicant;
(c) The address of the applicant;
(d) The social security number of the applicant or the resident identification number of the applicant if the applicant is not a citizen of the United States and is otherwise eligible to be credentialed under section 38-129; and
(e) Any other information required by the department.
(2) A business shall file an application for a credential with the department accompanied by the fee set pursuant to the Uniform Credentialing Act. The application shall contain:
(a) The full name and address of the business;
(b) The full name and address of the owner of the business;
(c) The name of each person in control of the business;
(d) The social security number of the business if the applicant is a sole proprietorship; and
(e) Any other information required by the department.
(3) The applicant shall sign the application. If the applicant is a business, the application shall be signed by:
(a) The owner or owners if the applicant is a sole proprietorship, a partnership, or a limited liability company that has only one member;
(b) Two of its members if the applicant is a limited liability company that has more than one member;
(c) Two of its officers if the applicant is a corporation;
(d) The head of the governmental unit having jurisdiction over the business if the applicant is a governmental unit; or
(e) If the applicant is not an entity described in subdivisions (a) through (d) of this subsection, the owner or owners or, if there is no owner, the chief executive officer or comparable official.
(4) Each credential holder under the Uniform Credentialing Act shall notify the department of any change to the address of record so that the department can update the record of the credential holder under section 38-123.
(5) Social security numbers obtained under this section shall not be public information but may be shared by the department for administrative purposes if necessary and only under appropriate circumstances to ensure against any unauthorized access to such information.
Source
Laws 1927, c. 167, § 8, p. 456;
C.S.1929, § 71-207;
R.S.1943, § 71-108;
Laws 1979, LB 427, § 1;
Laws 1986, LB 286, § 29;
Laws 1986, LB 579, § 21;
Laws 1986, LB 926, § 3;
Laws 1987, LB 473, § 4;
Laws 1991, LB 456, § 5;
Laws 1994, LB 1210, § 15;
Laws 1997, LB 752, § 156;
Laws 1999, LB 828, § 11;
R.S.1943, (2003), § 71-108;
Laws 2007, LB463, § 30.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-132 - Examinations; application; fees.

38-132.
Examinations; application; fees.
Any person desiring to take an examination for credentialing purposes shall make application to the department or to the organization specified by the department prior to examination on a form provided by the department or such organization. Such application shall be accompanied by the examination fee and such documents and affidavits as are necessary to show the eligibility of the candidate to take such examination. All applications shall be in accordance with the rules and regulations of the department or such organization. When a national or standardized examination is required, the department may direct the applicant to apply directly to the organization administering the examination to take the examination.
Source
Laws 1927, c. 167, § 25, p. 460;
C.S.1929, § 71-401;
R.S.1943, § 71-125;
Laws 1979, LB 427, § 14;
Laws 1986, LB 286, § 36;
Laws 1986, LB 579, § 28;
Laws 1986, LB 926, § 13;
Laws 1987, LB 473, § 13;
Laws 1990, LB 1064, § 2;
Laws 1991, LB 703, § 13;
R.S.1943, (2003), § 71-125;
Laws 2007, LB463, § 32.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-133 - Approved courses of study; approval required.

38-133.
Approved courses of study; approval required.
The department shall maintain a list of approved courses of study for the professions which are regulated by the Uniform Credentialing Act. The appropriate board shall make recommendations relative thereto and shall approve the list for its profession. The department shall approve the list for a profession if there is no appropriate board. No course of study shall be approved without the formal action of the department or the appropriate board. Any course of study whose graduates or students desire to take the Nebraska examination shall supply the department with the necessary data to allow the board and the department to determine whether that course of study should be approved.
Source
Laws 1927, c. 167, § 28, p. 461;
C.S.1929, § 71-404;
R.S.1943, § 71-128;
Laws 1979, LB 427, § 15;
Laws 1986, LB 286, § 37;
Laws 1986, LB 579, § 29;
Laws 1990, LB 1064, § 3;
Laws 1999, LB 828, § 31;
R.S.1943, (2003), § 71-128;
Laws 2007, LB463, § 33.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-134 - Examinations; oral or practical; approval of national or other examination.

38-134.
Examinations; oral or practical; approval of national or other examination.
(1) The oral or practical work portion of any examination for a credential under the Uniform Credentialing Act may be given by the members of the appropriate board, the department, or an organization approved by the appropriate board or the department if there is no board. The oral examination questions shall be limited to the practice of the profession.
(2) The appropriate board may approve any national or other examination to constitute part or all of the credentialing examination for any of the professions which are regulated by the Uniform Credentialing Act.
Source
Laws 1927, c. 167, § 33, p. 462;
C.S.1929, § 71-409;
R.S.1943, § 71-133;
Laws 1979, LB 427, § 18;
Laws 1982, LB 449, § 1;
Laws 1982, LB 450, § 1;
Laws 1982, LB 448, § 1;
Laws 1984, LB 470, § 4;
Laws 1984, LB 481, § 15;
Laws 1986, LB 286, § 39;
Laws 1986, LB 579, § 31;
Laws 1988, LB 1100, § 14;
Laws 1989, LB 489, § 1;
Laws 1990, LB 1064, § 6;
Laws 1999, LB 828, § 35;
Laws 2001, LB 209, § 2;
R.S.1943, (2003), § 71-133;
Laws 2007, LB463, § 34.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-135 - Examinations; time and place.

38-135.
Examinations; time and place.
Examinations for credentialing shall be held on such dates and at such times and places as set by the department or the organization approved by the appropriate board or the department. Special examinations may be given at the expense of the applicant and administered by the department or the organization specified by the department.
Source
Laws 1927, c. 167, § 29, p. 461;
C.S.1929, § 71-405;
R.S.1943, § 71-129;
Laws 1984, LB 470, § 3;
Laws 1986, LB 926, § 14;
Laws 1990, LB 1064, § 4;
Laws 1996, LB 1108, § 7;
Laws 1999, LB 828, § 32;
R.S.1943, (2003), § 71-129;
Laws 2007, LB463, § 35.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-136 - Examinations; passing score; reexaminations.

38-136.
Examinations; passing score; reexaminations.
(1) In the absence of any specific requirement or provision relating to any particular profession:
(a) The appropriate board may specify the passing score on credentialing examinations;
(b) An examinee who fails a credentialing examination may retake the entire examination or the part failed upon payment of the cost of retaking the examination; and
(c) The department shall withhold from the credentialing fee submitted by an examinee the cost of any national examination used when an examinee fails a credentialing examination and shall return to the examinee the remainder of the credentialing fee collected subject to section 38-156, except that:
(i) If a state-administered jurisprudence portion of the credentialing examination was failed, the examinee may retake that portion without charge; and
(ii) If any component of a national examination was failed, the examinee shall be charged the cost for retaking such examination.
(2) A person who desires to take an examination but does not wish to receive a credential may take such examination by meeting the examination eligibility requirements and paying the cost of the examination.
Source
Laws 1927, c. 167, § 31, p. 462;
C.S.1929, § 71-407;
Laws 1939, c. 91, § 4, p. 394;
C.S.Supp.,1941, § 71-407;
R.S.1943, § 71-131;
Laws 1969, c. 560, § 3, p. 2279;
Laws 1979, LB 427, § 16;
Laws 1983, LB 476, § 4;
Laws 1984, LB 481, § 14;
Laws 1985, LB 250, § 1;
Laws 1986, LB 277, § 7;
Laws 1986, LB 286, § 38;
Laws 1986, LB 579, § 30;
Laws 1986, LB 926, § 16;
Laws 1986, LB 355, § 13;
Laws 1988, LB 1100, § 13;
Laws 1988, LB 557, § 19;
Laws 1989, LB 342, § 10;
Laws 1990, LB 1064, § 5;
Laws 1991, LB 703, § 14;
Laws 1993, LB 669, § 10;
Laws 1994, LB 1210, § 21;
Laws 1995, LB 406, § 17;
Laws 1999, LB 828, § 33;
Laws 2002, LB 1021, § 8;
Laws 2002, LB 1062, § 12;
Laws 2003, LB 242, § 18;
Laws 2004, LB 1083, § 111;
R.S.Supp.,2006, § 71-131;
Laws 2007, LB481, § 3;
Laws 2007, LB463, § 36.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-137 - Examinations; records maintained; eligibility.

38-137.
Examinations; records maintained; eligibility.
(1) All questions, the answer key, and the examinees' answers connected with any examination for credentialing shall be maintained by the department, national organization, or testing service for a period of two years from the date of administration of the examination.
(2) When national examinations are accepted for credentialing, the department shall obtain from the national organization or testing service documentation that the examination development and maintenance process meets generally accepted standards for test development and maintenance.
(3) The department, with the recommendation of the appropriate board, may:
(a) Specify credentialing examination application procedures;
(b) Provide for the review of procedures for the development of examinations;
(c) Provide for the administration of all or separate components of examinations; and
(d) Protect the security of the content of examination questions and answers.
(4) The appropriate board may specify eligibility for taking the credentialing examination. In determining such eligibility, the board shall consider the practices of other states but shall determine such eligibility standards based on the extent to which completion of a course of study prior to examination is necessary to assure that applicants for credentials meet minimum standards of proficiency and competency for the protection of the health and safety of the public.
Source
Laws 1927, c. 167, § 38, p. 463;
C.S.1929, § 71-414;
R.S.1943, § 71-138;
Laws 1969, c. 560, § 4, p. 2280;
Laws 1978, LB 406, § 10;
Laws 1979, LB 427, § 29;
Laws 1986, LB 286, § 42;
Laws 1986, LB 579, § 34;
Laws 1986, LB 926, § 22;
Laws 1987, LB 473, § 14;
Laws 1990, LB 1064, § 7;
Laws 1991, LB 703, § 16;
Laws 1999, LB 828, § 36;
R.S.1943, (2003), § 71-138;
Laws 2007, LB463, § 37.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-138 - Inspection of business by department.

38-138.
Inspection of business by department.
The department may inspect or provide for the inspection of any business credentialed or applying for a credential under the Uniform Credentialing Act. The department shall issue an inspection report and provide a copy of the report to the business within ten working days after the completion of an inspection.
Source
Laws 2007, LB463, § 38.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-139 - Inspection of business by State Fire Marshal or local fire prevention personnel.

38-139.
Inspection of business by State Fire Marshal or local fire prevention personnel.
The department may request the State Fire Marshal to inspect any business credentialed or applying for a credential under the Uniform Credentialing Act for fire safety pursuant to section 81-502. The State Fire Marshal shall assess a fee for such inspection pursuant to section 81-505.01 payable by such business. The State Fire Marshal may delegate such authority to make such inspections to qualified local fire prevention personnel pursuant to section 81-502.
Source
Laws 2007, LB463, § 39.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-140 - Report of unauthorized practice or unauthorized operation of business; investigation; cease and desist order; violation; penalty.

38-140.
Report of unauthorized practice or unauthorized operation of business; investigation; cease and desist order; violation; penalty.
Every business credentialed under the Uniform Credentialing Act shall report to the department the name of every person without a credential that he or she has reason to believe is engaged in practicing any profession or operating any business for which a credential is required by the Uniform Credentialing Act. The department may, along with other law enforcement agencies, investigate such reports or other complaints of unauthorized practice or unauthorized operation of a business. The director, with the recommendation of the appropriate board, may issue an order to cease and desist the unauthorized practice of such profession or unauthorized operation of such business as a measure to obtain compliance with the applicable credentialing requirements by the person or business prior to referral of the matter to the Attorney General for action. For businesses that do not have a board, the department may issue such cease and desist orders. Practice of such profession or operation of such business without a credential after receiving a cease and desist order is a Class III felony.
Source
Laws 2007, LB463, § 40;
Laws 2016, LB859, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-141 - Inspector or investigator; appointment by department.

38-141.
Inspector or investigator; appointment by department.
Whenever the department deems it necessary to appoint an inspector or investigator to assist it in performing its duty, the department may appoint a person who holds an active credential in the appropriate profession or any other qualified person who has been trained in investigational procedures and techniques to serve as such inspector or investigator.
Source
Laws 1953, c. 247, § 3, p. 850;
Laws 1979, LB 427, § 13;
Laws 1996, LB 1108, § 6;
Laws 1999, LB 828, § 30;
R.S.1943, (2003), § 71-124.01;
Laws 2007, LB463, § 41.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-143 - Credential to engage in business; renewal; procedure; notice of expiration.

38-143.
Credential to engage in business; renewal; procedure; notice of expiration.
(1) The credential to engage in a business shall be renewed biennially upon request of the credentialed business and completion of the renewal requirements. The renewals provided for in this section shall be accomplished in such manner and on such date as the department, with the recommendation of the appropriate board, may establish. The request for renewal shall include all information required by the department and shall be accompanied by the renewal fee. Such fee shall be paid not later than the date of the expiration of such credential.
(2) At least thirty days before the expiration of a credential, the department shall notify each credentialed business at its last address of record. If a credentialed business fails to meet the renewal requirements on or before the date of expiration of the credential, the credential shall expire. When a credential expires, the right to operate the business shall terminate. A business which fails to renew its credential by the expiration date shall apply for and obtain another credential prior to operating the business.
Source
Laws 2003, LB 242, § 15;
Laws 2004, LB 906, § 1;
Laws 2004, LB 1005, § 9;
R.S.Supp.,2006, § 71-110.01;
Laws 2007, LB463, § 43.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-144 - Credential; failure to pay fees; failure to meet continuing competency requirement; effect.

38-144.
Credential; failure to pay fees; failure to meet continuing competency requirement; effect.
(1) The credential of any person who fails, by the expiration date of such credential, to pay the required renewal fee or to submit documentation of continuing competency shall automatically expire without further notice or hearing.
(2) The department shall refuse to renew after notice and opportunity for hearing, the credential of any person who fails, by the expiration date of such credential, to meet the applicable continuing competency requirement for renewal.
(3) Subsections (1) and (2) of this section shall not apply when the credential holder has given notification to the department that he or she desires to have his or her credential expire or be placed on inactive status upon expiration.
Source
Laws 1927, c. 167, § 48, p. 467;
C.S.1929, § 71-603;
Laws 1943, c. 150, § 12, p. 543;
R.S.1943, § 71-149;
Laws 1976, LB 877, § 2;
Laws 1984, LB 481, § 19;
Laws 1986, LB 286, § 47;
Laws 1986, LB 579, § 39;
Laws 1987, LB 473, § 17;
Laws 1988, LB 1100, § 18;
Laws 1994, LB 1210, § 28;
Laws 2002, LB 1021, § 10;
Laws 2003, LB 242, § 20;
R.S.1943, (2003), § 71-149;
Laws 2007, LB463, § 44.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-146 - Continuing competency requirements; compliance; waiver; audits.

38-146.
Continuing competency requirements; compliance; waiver; audits.
(1) Each person holding an active credential within the state shall, on or before the date of expiration of his or her credential, comply with continuing competency requirements for his or her profession. Except as otherwise provided in this section, the department shall not renew the credential of any person who has not complied with such requirements.
(2) The department may waive continuing competency requirements, in whole or in part, upon submission by a credential holder of documentation that circumstances beyond his or her control have prevented completion of such requirements. Such circumstances shall include, but not be limited to:
(a) The credential holder has served in the regular armed forces of the United States during part of the credentialing period immediately preceding the renewal date;
(b) The credential holder was first credentialed within the credentialing period immediately preceding the renewal date; or
(c) Other circumstances prescribed by rules and regulations adopted and promulgated under the appropriate practice act.
(3) Each credential holder shall be responsible for maintaining certificates or records of continuing competency activities.
The department or appropriate board may biennially select, in a random manner, a sample of the renewal applications for audit of continuing competency requirements. Each credential holder selected for audit shall be required to produce documentation of the continuing competency activities. The credential of any person who fails to comply with the conditions of the audit shall expire thirty days after notice and an opportunity for a hearing.
Source
Laws 1976, LB 877, § 15;
Laws 1985, LB 250, § 5;
Laws 1986, LB 286, § 63;
Laws 1986, LB 579, § 55;
Laws 1986, LB 926, § 34;
Laws 1994, LB 1210, § 42;
Laws 1997, LB 307, § 120;
Laws 1999, LB 828, § 48;
Laws 2001, LB 209, § 3;
Laws 2002, LB 1021, § 13;
R.S.1943, (2003), § 71-161.10;
Laws 2007, LB463, § 46.