reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3605 - Physician; designate state of principal license.

38-3605.
Physician; designate state of principal license.
(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Interstate Medical Licensure Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:
(1) The state of primary residence for the physician;
(2) The state where at least twenty-five percent of the practice of medicine occurs;
(3) The location of the physician's employer;
(4) If no state qualifies under subdivision (1), (2), or (3) of this subsection, the state designated as state of residence for purpose of federal income tax.
(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a) of this section.
(c) The interstate commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.
Source
Laws 2017, LB88, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3607 - Fee; rules.

38-3607.
Fee; rules.
(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Interstate Medical Licensure Compact.
(b) The interstate commission is authorized to develop rules regarding fees for expedited licenses.
Source
Laws 2017, LB88, § 7.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3608 - Physician; renewal of expedited license; renewal process; fees; rules.

38-3608.
Physician; renewal of expedited license; renewal process; fees; rules.
(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician:
(1) Maintains a full and unrestricted license in a state of principal license;
(2) Has not been convicted, received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;
(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and
(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.
(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state.
(c) The interstate commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.
(d) Upon receipt of any renewal fees collected in subsection (c) of this section, a member board shall renew the physician's license.
(e) Physician information collected by the interstate commission during the renewal process will be distributed to all member boards.
(f) The interstate commission is authorized to develop rules to address renewal of licenses obtained through the Interstate Medical Licensure Compact.
Source
Laws 2017, LB88, § 8.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3609 - Database; contents; public action or complaints; member boards; duties; confidentiality.

38-3609.
Database; contents; public action or complaints; member boards; duties; confidentiality.
(a) The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under section 38-3606.
(b) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Interstate Medical Licensure Compact.
(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the interstate commission.
(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) of this section to the interstate commission.
(e) Member boards shall share complaint or disciplinary information about a physician upon request of another member board.
(f) All information provided to the interstate commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.
(g) The interstate commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.
Source
Laws 2017, LB88, § 9.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3610 - Member board; joint investigations; powers.

38-3610.
Member board; joint investigations; powers.
(a) Licensure and disciplinary records of physicians are deemed investigative.
(b) In addition to the authority granted to a member board by its respective medicine and surgery practice act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.
(c) A subpoena issued by a member state shall be enforceable in other member states.
(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Interstate Medical Licensure Compact.
(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.
Source
Laws 2017, LB88, § 10.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3611 - Disciplinary action; unprofessional conduct; reinstatement of license; procedure.

38-3611.
Disciplinary action; unprofessional conduct; reinstatement of license; procedure.
(a) Any disciplinary action taken by any member board against a physician licensed through the Interstate Medical Licensure Compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medicine and surgery practice act or regulations in that state.
(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the medicine and surgery practice act of that state.
(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:
(i) Impose the same or lesser sanction against the physician so long as such sanctions are consistent with the medicine and surgery practice act of that state; or
(ii) Pursue separate disciplinary action against the physician under its respective medicine and surgery practice act, regardless of the action taken in other member states.
(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license issued to the physician by any other member board shall be suspended, automatically and immediately without further action necessary by the other member board, for ninety days upon entry of the order by the disciplining board, to permit the member board to investigate the basis for the action under the medicine and surgery practice act of that state. A member board may terminate the automatic suspension of the license it issued prior to the completion of the ninety-day suspension period in a manner consistent with the medicine and surgery practice act of that state.
Source
Laws 2017, LB88, § 11.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3613 - Interstate commission; duty and power.

38-3613.
Interstate commission; duty and power.
The interstate commission shall have the duty and power to:
(a) Oversee and maintain the administration of the Interstate Medical Licensure Compact;
(b) Promulgate rules which shall be binding to the extent and in the manner provided for in the compact;
(c) Issue, upon the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the compact, its bylaws, rules, and actions;
(d) Enforce compliance with compact provisions, the rules promulgated by the interstate commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process;
(e) Establish and appoint committees including, but not limited to, an executive committee as required by section 38-3612, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties;
(f) Pay, or provide for the payment of, the expenses related to the establishment, organization, and ongoing activities of the interstate commission;
(g) Establish and maintain one or more offices;
(h) Borrow, accept, hire, or contract for services of personnel;
(i) Purchase and maintain insurance and bonds;
(j) Employ an executive director who shall have such powers to employ, select or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;
(k) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;
(l) Accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the interstate commission;
(m) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;
(n) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;
(o) Establish a budget and make expenditures;
(p) Adopt a seal and bylaws governing the management and operation of the interstate commission;
(q) Report annually to the legislatures and governors of the member states concerning the activities of the interstate commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the interstate commission;
(r) Coordinate education, training, and public awareness regarding the compact, its implementation, and its operation;
(s) Maintain records in accordance with the bylaws;
(t) Seek and obtain trademarks, copyrights, and patents; and
(u) Perform such functions as may be necessary or appropriate to achieve the purposes of the compact.
Source
Laws 2017, LB88, § 13.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3614 - Annual assessment; levy; rule; audit.

38-3614.
Annual assessment; levy; rule; audit.
(a) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated upon a formula to be determined by the interstate commission, which shall promulgate a rule binding upon all member states.
(b) The interstate commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.
(c) The interstate commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.
(d) The interstate commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the interstate commission.
Source
Laws 2017, LB88, § 14.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3616 - Rules; promulgation; judicial review.

38-3616.
Rules; promulgation; judicial review.
(a) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Interstate Medical Licensure Compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted hereunder, then such an action by the interstate commission shall be invalid and have no force or effect.
(b) Rules deemed appropriate for the operations of the interstate commission shall be made pursuant to a rulemaking process that substantially conforms to the Revised Model State Administrative Procedure Act of 2010 and subsequent amendments thereto.
(c) Not later than thirty days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the interstate commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the interstate commission.
Source
Laws 2017, LB88, § 16.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3617 - Enforcement of Interstate Medical Licensure Compact; interstate commission; receive service of process.

38-3617.
Enforcement of Interstate Medical Licensure Compact; interstate commission; receive service of process.
(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Interstate Medical Licensure Compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of the compact and the rules promulgated under the compact shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.
(b) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact which may affect the powers, responsibilities or actions of the interstate commission.
(c) The interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission shall render a judgment or order void as to the interstate commission, the compact, or promulgated rules.
Source
Laws 2017, LB88, § 17.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3618 - Interstate commission; enforcement powers; initiate legal action; remedies available.

38-3618.
Interstate commission; enforcement powers; initiate legal action; remedies available.
(a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Interstate Medical Licensure Compact.
(b) The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States District Court for the District of Columbia, or, at the discretion of the interstate commission, in the federal district where the interstate commission has its principal offices, to enforce compliance with the provisions of the compact, and its promulgated rules and bylaws, against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
(c) The remedies in the compact shall not be the exclusive remedies of the interstate commission. The interstate commission may avail itself of any other remedies available under state law or the regulation of a profession.
Source
Laws 2017, LB88, § 18.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3619 - Grounds for default; notice; failure to cure; termination from compact; costs; appeal.

38-3619.
Grounds for default; notice; failure to cure; termination from compact; costs; appeal.
(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Interstate Medical Licensure Compact, or the rules and bylaws of the interstate commission promulgated under the compact.
(b) If the interstate commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, or the bylaws or promulgated rules, the interstate commission shall:
(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the interstate commission. The interstate commission shall specify the conditions by which the defaulting state must cure its default; and
(2) Provide remedial training and specific technical assistance regarding the default.
(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the commissioners and all rights, privileges, and benefits conferred by the compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.
(d) Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to terminate shall be given by the interstate commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
(e) The interstate commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.
(f) The member state which has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.
(g) The interstate commission shall not bear any costs relating to any state that has been found to be in default or which has been terminated from the compact, unless otherwise mutually agreed upon in writing between the interstate commission and the defaulting state.
(h) The defaulting state may appeal the action of the interstate commission by petitioning the United States District Court for the District of Columbia or the federal district where the interstate commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.
Source
Laws 2017, LB88, § 19.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3620 - Disputes; interstate commission; duties; rules.

38-3620.
Disputes; interstate commission; duties; rules.
(a) The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the Interstate Medical Licensure Compact and which may arise among member states or member boards.
(b) The interstate commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.
Source
Laws 2017, LB88, § 20.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3621 - Eligibility to become member state; when compact effective; amendments to compact.

38-3621.
Eligibility to become member state; when compact effective; amendments to compact.
(a) Any state is eligible to become a member state of the Interstate Medical Licensure Compact.
(b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it shall become effective and binding on a state upon enactment of the compact into law by that state.
(c) The governors of nonmember states, or their designees, shall be invited to participate in the activities of the interstate commission on a nonvoting basis prior to adoption of the compact by all states.
(d) The interstate commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the interstate commission and the member states unless and until it is enacted into law by unanimous consent of the member states.
Source
Laws 2017, LB88, § 21.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3622 - Withdrawal from Interstate Medical Licensure Compact; procedure; responsibilities; reinstatement; rules.

38-3622.
Withdrawal from Interstate Medical Licensure Compact; procedure; responsibilities; reinstatement; rules.
(a) Once effective, the Interstate Medical Licensure Compact shall continue in force and remain binding upon each and every member state, except that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
(b) Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
(c) The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.
(d) The interstate commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty days of its receipt of notice provided under subsection (c) of this section.
(e) The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.
(f) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
(g) The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
Source
Laws 2017, LB88, § 22.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3623 - Dissolution of Interstate Medical Licensure Compact; effect.

38-3623.
Dissolution of Interstate Medical Licensure Compact; effect.
(a) The Interstate Medical Licensure Compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
Source
Laws 2017, LB88, § 23.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3624 - Severability; construction.

38-3624.
Severability; construction.
(a) The provisions of the Interstate Medical Licensure Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(b) The provisions of the compact shall be liberally construed to effectuate its purposes.
(c) Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
Source
Laws 2017, LB88, § 24.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3625 - Effect on other laws of member state.

38-3625.
Effect on other laws of member state.
(a) Nothing in the Interstate Medical Licensure Compact prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
(b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
(c) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
(d) All agreements between the interstate commission and the member states are binding in accordance with their terms.
(e) In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Source
Laws 2017, LB88, § 25.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3702 - Purpose of act.

38-3702.
Purpose of act.
The purpose of the Dialysis Patient Care Technician Registration Act is to ensure the health, safety, and welfare of the public by providing for the accurate, cost-effective, efficient, and safe utilization of dialysis patient care technicians in the administration of hemodialysis. The act applies to dialysis facilities in which hemodialysis is provided.
Source
Laws 2017, LB255, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3703 - Terms, defined.

38-3703.
Terms, defined.
For purposes of the Dialysis Patient Care Technician Registration Act:
(1) Dialysis patient care technician means a person who meets the requirements of section 38-3705; and
(2) Facility means a health care facility as defined in section 71-413 providing hemodialysis services.
Source
Laws 2017, LB255, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3704 - Dialysis patient care technician; powers.

38-3704.
Dialysis patient care technician; powers.
A dialysis patient care technician may administer hemodialysis under the authority of a registered nurse licensed pursuant to the Nurse Practice Act who may delegate tasks based on nursing judgment to a dialysis patient care technician based on the technician’s education, knowledge, training, and skill.
Source
Laws 2017, LB255, § 4.
Cross References
Nurse Practice Act, see section 38-2201.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3705 - Dialysis patient care technician; qualifications.

38-3705.
Dialysis patient care technician; qualifications.
The minimum requirements for a dialysis patient care technician are as follows: (1) Possession of a high school diploma or a general educational development certificate, (2) training which follows national recommendations for dialysis patient care technicians and is conducted primarily in the work setting, (3) obtaining national certification by successful passage of a certification examination within eighteen months after becoming employed as a dialysis patient care technician, and (4) recertification at intervals required by the organization providing the certification examination including no fewer than thirty and no more than forty patient contact hours since the previous certification or recertification.
Source
Laws 2017, LB255, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3706 - Dialysis patient care technician; registration; application; fee; duties; licensure as nurse; effect.

38-3706.
Dialysis patient care technician; registration; application; fee; duties; licensure as nurse; effect.
(1) To register as a dialysis patient care technician, an individual shall (a) possess a high school diploma or a general educational development certificate, (b) demonstrate that he or she is (i) employed as a dialysis patient care technician or (ii) enrolled in a training course as described in subdivision (2) of section 38-3705, (c) file an application with the department, and (d) pay the applicable fee.
(2) An applicant or a dialysis patient care technician shall report to the department, in writing, any conviction for a felony or misdemeanor. A conviction is not a disqualification for placement on the registry unless it relates to the standards identified in section 38-3705 or it reflects on the moral character of the applicant or dialysis patient care technician.
(3) An applicant or a dialysis patient care technician may report any pardon or setting aside of a conviction to the department. If a pardon or setting aside has been obtained, the conviction for which it was obtained shall not be maintained on the Dialysis Patient Care Technician Registry.
(4) If a person registered as a dialysis patient care technician becomes licensed as a registered nurse or licensed practical nurse, his or her registration as a dialysis patient care technician becomes null and void as of the date of licensure as a registered nurse or a licensed practical nurse.
Source
Laws 2017, LB255, § 6.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3707 - Dialysis Patient Care Technician Registry; contents.

38-3707.
Dialysis Patient Care Technician Registry; contents.
(1) The department shall list each dialysis patient care technician registration on the Dialysis Patient Care Technician Registry. A listing in the registry shall be valid for the term of the registration and upon renewal unless such listing is refused renewal or is removed.
(2) The registry shall contain the following information on each registrant: (a) The individual’s full name; (b) any conviction of a felony or misdemeanor reported to the department; (c) a certificate showing completion of a nationally recognized training program; and (d) a certificate of completion of a nationally commercially available dialysis patient care technician certification examination.
(3) Nothing in the Dialysis Patient Care Technician Registration Act shall be construed to require a dialysis patient care technician to register in the Medication Aide Registry.
Source
Laws 2017, LB255, § 7.
Cross References
Medication Aide Registry, see section 71-6727.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4401 - Act, how cited.

38-4401.
Act, how cited.
Sections 38-4401 to 38-4414 shall be known and may be cited as the Behavior Analyst Practice Act.
Source
Laws 2023, LB227, § 1.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4402 - Definitions, where found.

38-4402.
Definitions, where found.
For purposes of the Behavior Analyst Practice Act, the definitions found in sections 38-4403 to 38-4408 apply.
Source
Laws 2023, LB227, § 2.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4403 - Behavior technician, defined.

38-4403.
Behavior technician, defined.
Behavior technician means an individual who practices under the close, ongoing supervision of a licensed behavior analyst or a licensed assistant behavior analyst.
Source
Laws 2023, LB227, § 3.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4405 - Certifying entity, defined.

38-4405.
Certifying entity, defined.
Certifying entity means the Behavior Analyst Certification Board or another equivalent entity approved by the Board of Behavior Analysts which has programs to credential practitioners of applied behavior analysis that have substantially equivalent requirements as the programs offered by the Behavior Analyst Certification Board as determined by the Board of Behavior Analysts.
Source
Laws 2023, LB227, § 5.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4406 - Licensed assistant behavior analyst, defined.

38-4406.
Licensed assistant behavior analyst, defined.
Licensed assistant behavior analyst means an individual practicing under the close ongoing supervision of a licensed behavior analyst and who also meets the requirements specified in section 38-4410 and is issued a license as a licensed assistant behavior analyst under the Behavior Analyst Practice Act by the department.
Source
Laws 2023, LB227, § 6.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4407 - Licensed behavior analyst, defined.

38-4407.
Licensed behavior analyst, defined.
Licensed behavior analyst means an individual who meets the requirements specified in section 38-4410 and who is issued a license as a licensed behavior analyst under the Behavior Analyst Practice Act by the department.
Source
Laws 2023, LB227, § 7.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4408 - Practice of applied behavior analysis, defined.

38-4408.
Practice of applied behavior analysis, defined.
(1) Practice of applied behavior analysis means the design, implementation, and evaluation of instructional and environmental modifications to produce socially significant improvements in human behavior.
(2) Practice of applied behavior analysis includes the empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis.
(3) Applied behavior analysis interventions (a) are based on scientific research and direct and indirect observation and measurement of behavior and environment and (b) utilize contextual factors, motivating operations, antecedent stimuli, positive reinforcement, and other procedures to help individuals develop new behaviors, increase or decrease existing behaviors, and emit behaviors under specific environmental conditions.
(4) Practice of applied behavior analysis excludes (a) diagnosis of disorders, (b) psychological testing, (c) psychotherapy, (d) cognitive therapy, (e) psychoanalysis, (f) counseling, (g) functional movement analysis, (h) practice by persons required to be credentialed under the Audiology and Speech-Language Pathology Practice Act in the diagnosis or treatment of hearing, speech, communication, or swallowing disorders, or (i) practice by persons required to be credentialed under the Occupational Therapy Practice Act in the treatment of occupational performance dysfunction, such as activities of daily living and instrumental activities of daily living.
Source
Laws 2023, LB227, § 8.
Operative Date: September 2, 2023
Cross References
Audiology and Speech-Language Pathology Practice Act, see section 38-501.
Occupational Therapy Practice Act, see section 38-2501.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4410 - Licensed behavior analyst; licensed assistant behavior analyst; license required; when; application; minimum standards.

38-4410.
Licensed behavior analyst; licensed assistant behavior analyst; license required; when; application; minimum standards.
(1) Beginning one year after September 2, 2023, each applicant for licensure as a licensed behavior analyst or licensed assistant behavior analyst shall submit an application that includes evidence that the applicant meets the requirements of the Uniform Credentialing Act for a license as a licensed behavior analyst or licensed assistant behavior analyst, as applicable.
(2) The board shall adopt rules and regulations to specify minimum standards required for a license as a licensed behavior analyst or a licensed assistant behavior analyst as provided in section 38-126. The board shall include certification by the certifying entity as a Board Certified Behavior Analyst® or a Board Certified Behavior Analyst-Doctoral® as part of the minimum standards for licensure as a licensed behavior analyst. The board shall include certification by the certifying entity as a Board Certified Assistant Behavior Analyst® as part of the minimum standards for licensure as a licensed assistant behavior analyst.
Source
Laws 2023, LB227, § 10.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4411 - Temporary license.

38-4411.
Temporary license.
(1) A behavior analyst or an assistant behavior analyst who is licensed in another jurisdiction or certified by the certifying entity to practice independently and who provides applied behavior analysis services in the State of Nebraska on a short-term basis may apply for a temporary license. An applicant for a temporary license shall submit evidence that the practice in Nebraska will be temporary as determined by the board according to rules and regulations adopted and promulgated pursuant to section 38-126. The department shall issue a temporary license under this subsection only if the department verifies the applicant's licensure or certification status with the relevant entity.
(2) An applicant for licensure as a licensed behavior analyst or as a licensed assistant behavior analyst under the Behavior Analyst Practice Act who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 2023, LB227, § 11.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4412 - Behavior technician; prohibited acts.

38-4412.
Behavior technician; prohibited acts.
A behavior technician shall not represent that the technician is a professional behavior analyst and shall use a title that indicates the nonprofessional status, such as Registered Behavior Technician®, behavior technician, or tutor.
A behavior technician shall not design assessment or intervention plans or procedures but may deliver services as assigned by the supervisor responsible for the technician's work as designated by the licensed behavior analyst.
Source
Laws 2023, LB227, § 12.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4413 - Code of conduct.

38-4413.
Code of conduct.
The board shall adopt a code of conduct for licensed behavior analysts and licensed assistant behavior analysts. The code of conduct shall be based on the Ethics Code for Behavior Analysts adopted by the certifying entity.
Source
Laws 2023, LB227, § 13.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-4414 - Fees.

38-4414.
Fees.
The department shall establish and collect fees for initial licensure and renewal under the Behavior Analyst Practice Act as provided in sections 38-151 to 38-157.
Source
Laws 2023, LB227, § 14.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-103 - Department of Transportation; rules and regulations; violation; penalty.

39-103.
Department of Transportation; rules and regulations; violation; penalty.
Any person who operates a vehicle upon any highway in violation of the rules and regulations of the Department of Transportation governing the use of state highways shall be guilty of a Class III misdemeanor.
Source
Laws 1967, c. 235, § 4, p. 633;
R.R.S.1943, § 39-7,134.01;
Laws 1977, LB 41, § 17;
R.S.1943, (1988), § 39-699.01;
Laws 1993, LB 370, § 18;
Laws 2017, LB339, § 84.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-201.01 - Terms, defined.

39-201.01.
Terms, defined.
For purposes of sections 39-202 to 39-226:
(1) Highway Beautification Control System means the National System of Interstate and Defense Highways, the system of federal-aid primary roads as they existed on June 1, 1991, any additional highway or road which is designated as a part of the National Highway System under the federal Intermodal Surface Transportation Efficiency Act, and scenic byways. A map of the Highway Beautification Control System shall be maintained as provided in section 39-1311;
(2) Scenic byway means a road, highway, or connecting link designated as a scenic byway pursuant to section 39-217. A map of the scenic byways shall be maintained as provided in section 39-1311; and
(3) Visible, in reference to advertising signs, displays, or devices, means the message or advertising content of such sign, display, or device is capable of being seen without visual aid by a person of normal visual acuity. A sign is considered visible even though the message or advertising content can be seen but not read.
Source
Laws 1995, LB 264, § 1.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-202 - Advertising signs, displays, or devices; visible from highway; prohibited; exceptions; permitted signs enumerated.

39-202.
Advertising signs, displays, or devices; visible from highway; prohibited; exceptions; permitted signs enumerated.
(1) Except as provided in sections 39-202 to 39-205, 39-215, 39-216, and 39-220, the erection or maintenance of any advertising sign, display, or device beyond six hundred sixty feet of the right-of-way of the National System of Interstate and Defense Highways and visible from the main-traveled way of such highway system is prohibited.
(2) The following signs shall be permitted:
(a) Directional and official signs to include, but not be limited to, signs and notices pertaining to natural wonders, scenic attractions, and historical attractions. Such signs shall comply with standards and criteria established by regulations of the Department of Transportation as promulgated from time to time;
(b) Signs, displays, and devices advertising the sale or lease of property upon which such media are located;
(c) Signs, displays, and devices advertising activities conducted on the property on which such media are located; and
(d) Signs in existence in accordance with sections 39-212 to 39-222, to include landmark signs, signs on farm structures, markers, and plaques of historical or artistic significance.
(3) For purposes of this section, visible shall mean the message or advertising content of an advertising sign, display, or device is capable of being seen without visual aid by a person of normal visual acuity. A sign shall be considered visible even though the message or advertising content may be seen but not read.
Source
Laws 1975, LB 213, § 1;
R.S.1943, (1988), § 39-618.02;
Laws 1993, LB 370, § 20;
Laws 1995, LB 264, § 2;
Laws 2017, LB339, § 85.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-203 - Advertising sign; compensation upon removal; Department of Transportation; make expenditures; when.

39-203.
Advertising sign; compensation upon removal; Department of Transportation; make expenditures; when.
Just compensation shall be paid upon the removal of any advertising sign, display, or device lawfully erected or in existence prior to May 27, 1975, and not conforming to the provisions of sections 39-202 to 39-205, 39-215, 39-216, and 39-220 except as otherwise authorized by such sections. The Department of Transportation shall not be required to expend any funds under the provisions of such sections unless and until federal-aid matching funds are made available for this purpose.
Source
Laws 1975, LB 213, § 3;
R.S.1943, (1988), § 39-618.04;
Laws 1993, LB 370, § 21;
Laws 1995, LB 264, § 3;
Laws 2017, LB339, § 86.
2023 Nebraska Revised Statutes › Chapter 39 - Highways and Bridges › 39-204 - Informational signs; erection; conform with rules and regulations; minimum service requirements.

39-204.
Informational signs; erection; conform with rules and regulations; minimum service requirements.
(1) Signs, displays, and devices giving specific information of interest to the traveling public shall be erected by or at the direction of the Department of Transportation and maintained within the right-of-way at appropriate distances from interchanges on the National System of Interstate and Defense Highways and from roads of the state primary system as shall conform with the rules and regulations adopted and promulgated by the department to carry out this section and section 39-205. Such rules and regulations shall be consistent with national standards promulgated from time to time by the appropriate authority of the federal government pursuant to 23 U.S.C. 131(f).
(2) For purposes of this section, specific information of interest to the traveling public shall mean only information about camping, lodging, food, attractions, and motor fuel and associated services, including trade names.
(3) The minimum service that is required to be available for each type of service shall include:
(a) Motor fuel services including:
(i) Vehicle services, which shall include fuel, oil, and water;
(ii) Restroom facilities and drinking water;
(iii) Continuous operation of such services for at least sixteen hours per day, seven days per week, for freeways and expressways and continuous operation of such services for at least twelve hours per day, seven days per week, for conventional roads; and
(iv) Telephone services;
(b) Attraction services including:
(i) An attraction of regional significance with the primary purpose of providing amusement, historical, cultural, or leisure activity to the public;
(ii) Restroom facilities and drinking water; and
(iii) Adequate parking accommodations;
(c) Food services including:
(i) Licensing or approval of such services, when required;
(ii) Continuous operation of such services to serve at least two meals per day, six days per week;
(iii) Modern sanitary facilities; and
(iv) Telephone services;
(d) Lodging services including:
(i) Licensing or approval of such services, when required;
(ii) Adequate sleeping accommodations; and
(iii) Telephone services; and
(e) Camping services including:
(i) Licensing or approval of such services, when required;
(ii) Adequate parking accommodations; and
(iii) Modern sanitary facilities and drinking water.
Source
Laws 1975, LB 213, § 9;
Laws 1987, LB 741, § 1;
R.S.1943, (1988), § 39-634.01;
Laws 1993, LB 370, § 22;
Laws 2010, LB926, § 1;
Laws 2017, LB339, § 87.