reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3214 - Respiratory care service; requirements.

38-3214.
Respiratory care service; requirements.
Any health care facility or home care agency providing inpatient or outpatient respiratory care service shall designate a medical director, who shall be a licensed physician who has special interest and knowledge in the diagnosis and treatment of respiratory problems. Such physician shall (1) be an active medical staff member of a licensed health care facility, (2) whenever possible be qualified by special training or experience in the management of acute and chronic respiratory disorders, and (3) be competent to monitor and assess the quality, safety, and appropriateness of the respiratory care services which are being provided. The medical director shall be accessible to and assure the competency of respiratory care practitioners and shall require that respiratory care be ordered by a licensed physician, a licensed physician assistant, a nurse practitioner as defined in section 38-2312, or a certified registered nurse anesthetist as defined in section 38-704, who has medical responsibility for any patient that needs such care.
Source
Laws 1986, LB 277, § 11;
R.S.1943, (2003), § 71-1,229;
Laws 2007, LB463, § 1080;
Laws 2012, LB788, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3215 - Practice of respiratory care; limitations.

38-3215.
Practice of respiratory care; limitations.
The practice of respiratory care shall be performed only under the direction of a medical director and upon the order of a licensed physician, a licensed physician assistant, a nurse practitioner as defined in section 38-2312, or a certified registered nurse anesthetist as defined in section 38-704.
Source
Laws 1986, LB 277, § 12;
R.S.1943, (2003), § 71-1,230;
Laws 2007, LB463, § 1081;
Laws 2012, LB788, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3216 - Respiratory care practitioner; subject to facility rules and regulations; when.

38-3216.
Respiratory care practitioner; subject to facility rules and regulations; when.
In the event a respiratory care practitioner renders respiratory care in a hospital or health care facility, he or she shall be subject to the rules and regulations of that facility. Such rules and regulations may include, but not be limited to, reasonable requirements that the respiratory care practitioner maintain professional liability insurance with such coverage and limits as may be established by the hospital or other health care facility upon the recommendation of the medical staff.
Source
Laws 1986, LB 277, § 18;
R.S.1943, (2003), § 71-1,236;
Laws 2007, LB463, § 1082.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3301 - Act, how cited.

38-3301.
Act, how cited.
Sections 38-3301 to 38-3335 shall be known and may be cited as the Veterinary Medicine and Surgery Practice Act.
Source
Laws 1967, c. 439, § 1, p. 1353;
Laws 1988, LB 1100, § 54;
Laws 2000, LB 833, § 3;
R.S.1943, (2003), § 71-1,153;
Laws 2007, LB463, § 1083;
Laws 2009, LB463, § 2;
Laws 2011, LB687, § 2;
Laws 2018, LB596, § 1.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3302 - Definitions, where found.

38-3302.
Definitions, where found.
For purposes of the Veterinary Medicine and Surgery Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3303 to 38-3318 apply.
Source
Laws 2007, LB463, § 1084;
Laws 2009, LB463, § 3;
Laws 2018, LB596, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3303 - Accredited school of veterinary medicine, defined.

38-3303.
Accredited school of veterinary medicine, defined.
Accredited school of veterinary medicine means:
(1) One approved by the board;
(2) A veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent; and
(3) One that conforms to the standards required for accreditation by the American Veterinary Medical Association.
Source
Laws 2007, LB463, § 1085.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3305 - Approved veterinary technician program, defined.

38-3305.
Approved veterinary technician program, defined.
Approved veterinary technician program means:
(1) One approved by the board;
(2) A school or college that offers the degree of Veterinary Technician, a degree in veterinary technology, or the equivalent; and
(3) One that conforms to the standards required for accreditation by the American Veterinary Medical Association.
Source
Laws 2007, LB463, § 1087.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3307 - Direct supervision, defined.

38-3307.
Direct supervision, defined.
Direct supervision means that the supervisor is on the premises and is available to the veterinary technician or unlicensed assistant who is treating the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task.
Source
Laws 2007, LB463, § 1089.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3307.02 - Equine, cat, and dog massage practice, defined.

38-3307.02.
Equine, cat, and dog massage practice, defined.
Equine, cat, and dog massage practice means the application of hands-on massage techniques for the purpose of increasing circulation, relaxing muscle spasms, relieving tension, enhancing muscle tone, and increasing range of motion in equines, cats, and dogs.
Source
Laws 2018, LB596, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3308 - Immediate supervision, defined.

38-3308.
Immediate supervision, defined.
Immediate supervision means that the supervisor is on the premises and is in direct eyesight and hearing range of the animal and the veterinary technician or unlicensed assistant who is treating the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task.
Source
Laws 2007, LB463, § 1090.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3309 - Indirect supervision, defined.

38-3309.
Indirect supervision, defined.
Indirect supervision means that the supervisor is not on the premises but is easily accessible and has given written or oral instructions for treatment of the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task.
Source
Laws 2007, LB463, § 1091.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3309.01 - Licensed animal therapist, defined.

38-3309.01.
Licensed animal therapist, defined.
Licensed animal therapist means an individual who (1) has and maintains an undisciplined license under the Uniform Credentialing Act for a health care profession other than veterinary medicine and surgery, (2) has met the standards for additional training regarding the performance of that health care profession on animals as required by rules and regulations adopted and promulgated by the department upon the recommendation of the board, and (3) is licensed as an animal therapist by the department.
Source
Laws 2009, LB463, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3312 - Practice of veterinary medicine and surgery, defined.

38-3312.
Practice of veterinary medicine and surgery, defined.
Practice of veterinary medicine and surgery means:
(1) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparatus, application, anesthetic, or other therapeutic or diagnostic substance or technique, and the use of any manual or mechanical procedure for testing for pregnancy or fertility or for correcting sterility or infertility. The acts described in this subdivision shall not be done without a valid veterinarian-client-patient relationship;
(2) To render advice or recommendation with regard to any act described in subdivision (1) of this section;
(3) To represent, directly or indirectly, publicly or privately, an ability and willingness to do any act described in subdivision (1) of this section; and
(4) To use any title, words, abbreviation, or letters in a manner or under circumstances which induce the belief that the person using them is qualified to do any act described in subdivision (1) of this section.
Source
Laws 2007, LB463, § 1094.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3313 - Supervisor, defined.

38-3313.
Supervisor, defined.
Supervisor means a licensed veterinarian or licensed veterinary technician as required by statute or rule or regulation for the particular delegated task being performed by a veterinary technician or unlicensed assistant.
Source
Laws 2007, LB463, § 1095.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3314 - Unlicensed assistant, defined.

38-3314.
Unlicensed assistant, defined.
Unlicensed assistant means an individual who is not a licensed veterinarian, a licensed veterinary technician, or a licensed animal therapist and who is working in veterinary medicine. Unlicensed assistant does not include a person engaged in equine, cat, and dog massage practice.
Source
Laws 2007, LB463, § 1096;
Laws 2009, LB463, § 6;
Laws 2018, LB596, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3315 - Veterinarian, defined.

38-3315.
Veterinarian, defined.
Veterinarian means a person who has received a degree of Doctor of Veterinary Medicine from an accredited school of veterinary medicine or its equivalent.
Source
Laws 2007, LB463, § 1097.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3316 - Veterinarian-client-patient relationship, defined.

38-3316.
Veterinarian-client-patient relationship, defined.
Veterinarian-client-patient relationship means that:
(1) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, and the client has agreed to follow the veterinarian's instructions;
(2) The veterinarian has sufficient knowledge of the animal to initiate at least a general or preliminary diagnosis of the medical condition of the animal. This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal by virtue of an examination of the animal or by medically appropriate and timely visits to the premises where the animal is kept; and
(3) The veterinarian is readily available or has arranged for emergency coverage and for followup evaluation in the event of adverse reactions or the failure of the treatment regimen.
Source
Laws 2007, LB463, § 1098.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3317 - Veterinary medicine and surgery, defined.

38-3317.
Veterinary medicine and surgery, defined.
Veterinary medicine and surgery includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.
Source
Laws 2007, LB463, § 1099.
Annotations
Given its ordinary meaning, dentistry, as used in this section, includes procedures performed in an animal's mouth. State ex rel. Dept. of Health v. Jeffrey, 247 Neb. 100, 525 N.W.2d 193 (1994).
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3318 - Veterinary technician, defined.

38-3318.
Veterinary technician, defined.
Veterinary technician means an individual who has received a degree in veterinary technology from an approved veterinary technician program or its equivalent.
Source
Laws 2007, LB463, § 1100.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3320 - Board; purpose.

38-3320.
Board; purpose.
The purpose of the board is to: (1) Provide for the health, safety, and welfare of the citizens; (2) insure that veterinarians and veterinary technicians serving the public meet minimum standards of proficiency and competency; (3) insure that schools of veterinary medicine and surgery and veterinary technician programs meet the educational needs of the students and qualify students to serve the public in a safe and efficient manner; and (4) control the field of veterinary medicine and surgery in the interest of consumer protection.
Source
Laws 1979, LB 96, § 1;
Laws 1999, LB 828, § 127;
Laws 2000, LB 833, § 2;
R.S.1943, (2003) § 71-1,152.01;
Laws 2007, LB463, § 1102.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3322 - Veterinary medicine and surgery; license; application; qualifications.

38-3322.
Veterinary medicine and surgery; license; application; qualifications.
Each applicant for a license to practice veterinary medicine and surgery in this state shall present to the department:
(1) Proof that the applicant is a graduate of an accredited school of veterinary medicine or holds a certificate issued by an entity that determines educational equivalence approved by the board indicating that the holder has demonstrated knowledge and skill equivalent to that possessed by a graduate of an accredited college of veterinary medicine;
(2) Proof that the applicant has passed an examination approved by the board; and
(3) Such other information and proof as the department, with the recommendation of the board, may require by rule and regulation.
Source
Laws 1967, c. 439, § 6, p. 1358;
Laws 1974, LB 811, § 15;
Laws 1975, LB 255, § 1;
Laws 1987, LB 473, § 26;
Laws 1988, LB 1100, § 58;
Laws 2000, LB 833, § 8;
Laws 2002, LB 1062, § 35;
Laws 2003, LB 242, § 55;
R.S.1943, (2003), § 71-1,158;
Laws 2007, LB463, § 1104.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3323 - Veterinary medicine and surgery; license; validity.

38-3323.
Veterinary medicine and surgery; license; validity.
Any person holding a valid license to practice veterinary medicine and surgery in this state on October 23, 1967, shall be recognized as a licensed veterinarian and shall be entitled to retain such status so long as he or she complies with the Veterinary Medicine and Surgery Practice Act and the provisions of the Uniform Credentialing Act relating to veterinary medicine and surgery.
Source
Laws 1967, c. 439, § 5, p. 1358;
Laws 1988, LB 1100, § 57;
R.S.1943, (2003), § 71-1,157;
Laws 2007, LB463, § 1105.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3324 - Board; disciplinary actions; grounds.

38-3324.
Board; disciplinary actions; grounds.
A license to practice veterinary medicine and surgery may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee is guilty of any of the acts or offenses specified in sections 38-178 and 38-179 and for any of the following reasons:
(1) Fraud or dishonesty in the application or reporting of any test for disease in animals;
(2) Failure to keep veterinary premises and equipment in a clean and sanitary condition;
(3) Failure to report, as required by law, or making false report of, any contagious or infectious disease;
(4) Dishonesty or gross negligence in the inspection of foodstuffs or the issuance of health or inspection certificates; or
(5) Cruelty to animals.
Source
Laws 1967, c. 439, § 11, p. 1361;
Laws 1988, LB 1100, § 62;
R.S.1943, (2003), § 71-1,163;
Laws 2007, LB463, § 1106.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3325 - Veterinary technician; license; requirements; temporary license.

38-3325.
Veterinary technician; license; requirements; temporary license.
(1) To be a licensed veterinary technician in this state, an individual shall (a) be a graduate of an approved veterinary technician program and (b) receive a passing score on a national examination approved by the board.
(2) The department may grant a temporary license to practice as a veterinary technician for up to one year upon application by:
(a) A graduate of an approved veterinary technician program pending passage of the national examination approved by the board; or
(b) A person lawfully authorized to practice as a veterinary technician in another state pending completion of the application for a license under the Veterinary Medicine and Surgery Practice Act.
Source
Laws 2000, LB 833, § 6;
Laws 2002, LB 1021, § 25;
Laws 2003, LB 242, § 57;
R.S.1943, (2003), § 71-1,165;
Laws 2007, LB463, § 1107;
Laws 2016, LB908, § 1.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3326 - Veterinary technicians; rules and regulations.

38-3326.
Veterinary technicians; rules and regulations.
The department, with the recommendation of the board, shall adopt and promulgate rules and regulations providing for (1) licensure of veterinary technicians meeting the requirements of section 38-3325 and (2) standards for the level of supervision required for particular delegated animal health care tasks and which determine which tasks may be performed by a licensed veterinary technician and by unlicensed assistants. The level of supervision may be immediate supervision, direct supervision, or indirect supervision as determined by the department, with the recommendation of the board, based upon the complexity and requirements of the task.
Source
Laws 2000, LB 833, § 7;
Laws 2003, LB 242, § 58;
Laws 2003, LB 245, § 14;
R.S.1943, (2003), § 71-1,166;
Laws 2007, LB463, § 1108.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3327 - Applicant; reciprocity; requirements; military spouse; temporary license.

38-3327.
Applicant; reciprocity; requirements; military spouse; temporary license.
(1) An applicant for a license to practice veterinary medicine and surgery based on a license in another state or territory of the United States, the District of Columbia, or a Canadian province shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice of such profession at least one of the three years immediately preceding the application under a license in another state or territory of the United States, the District of Columbia, or a Canadian province.
(2) An applicant for a license to practice as a licensed veterinary technician based on a license in another state or territory of the United States, the District of Columbia, or a Canadian province shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice of such profession at least one of the three years immediately preceding the application under a license in another state or territory of the United States, the District of Columbia, or a Canadian province.
(3) An applicant who is a military spouse may apply for a temporary license to practice veterinary medicine and surgery or to practice as a licensed veterinary technician as provided in section 38-129.01.
Source
Laws 2007, LB463, § 1109;
Laws 2017, LB88, § 90.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3329 - Advertising; offer of services; limitation.

38-3329.
Advertising; offer of services; limitation.
(1) Only a licensed veterinarian may advertise or offer his or her services in a manner calculated to lead others to believe that he or she is a licensed veterinarian.
(2) Only a licensed veterinary technician may advertise or offer his or her services in a manner calculated to lead others to believe that he or she is a licensed veterinary technician.
Source
Laws 2007, LB463, § 1111.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3330 - Disclosure of information; restrictions.

38-3330.
Disclosure of information; restrictions.
(1) Unless required by any state or local law for contagious or infectious disease reporting or other public health and safety purpose, no veterinarian licensed under the Veterinary Medicine and Surgery Practice Act shall be required to disclose any information concerning the veterinarian's care of an animal except under a written authorization or other waiver by the veterinarian's client or pursuant to a court order or a subpoena. A veterinarian who releases information under a written authorization or other waiver by the client or pursuant to a court order or a subpoena is not liable to the client or any other person.
(2) The privilege provided by this section is waived to the extent that the veterinarian's client or the owner of the animal places the veterinarian's care and treatment of the animal or the nature and extent of injuries to the animal at issue in any civil or criminal proceeding.
(3) The privilege provided by this section is waived to the extent and for purposes of notifying any owner or manager of cattle that have a significant risk for exposure to bovine trichomoniasis. A veterinarian who releases information about the risk for exposure to bovine trichomoniasis is not liable to the client or any other person.
(4) For purposes of this section, veterinarian includes the employees or agents of the licensed veterinarian while acting for or on behalf of such veterinarian.
Source
Laws 2000, LB 833, § 5;
R.S.1943, (2003), § 71-1,164;
Laws 2007, LB463, § 1112;
Laws 2013, LB423, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3331 - Civil penalty; recovery; lien.

38-3331.
Civil penalty; recovery; lien.
(1) In addition to the remedies authorized in section 38-140 or 38-1,124, a person who engages in the practice of veterinary medicine and surgery without being licensed or otherwise authorized to do so under the Veterinary Medicine and Surgery Practice Act shall be subject to a civil penalty of not less than one thousand dollars nor more than five thousand dollars for the first offense and not less than five thousand dollars nor more than ten thousand dollars for the second or subsequent offense. If a violation continues after notification, this constitutes a separate offense.
(2) The civil penalties shall be assessed in a civil action brought for such purpose by the Attorney General in the district court of the county in which the violation occurred.
(3) Any civil penalty assessed and unpaid under this section shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in any proper form of action in the name of the State of Nebraska in the district court of the county in which the violator resides or owns property. The department may also collect in such action attorney's fees and costs incurred in the collection of the civil penalty. The department shall, within thirty days after receipt, transmit any collected civil penalty to the State Treasurer to be disposed of in accordance with Article VII, section 5, of the Constitution of Nebraska.
Source
Laws 2009, LB463, § 8.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3332 - Animal therapist; license; application; qualifications.

38-3332.
Animal therapist; license; application; qualifications.
Each applicant for a license as an animal therapist in this state shall present to the department:
(1) Proof that the applicant holds and maintains an undisciplined license under the Uniform Credentialing Act for a health care profession other than veterinary medicine and surgery;
(2) Proof that the applicant has met the standards for additional training regarding the performance of that health care profession on animals as required by rules and regulations adopted and promulgated by the department upon the recommendation of the board; and
(3) Such other information and proof as the department, with the recommendation of the board, may require by rule and regulation.
Source
Laws 2009, LB463, § 9.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3333 - Animal therapist; health care therapy; conditions; letter of referral; liability.

38-3333.
Animal therapist; health care therapy; conditions; letter of referral; liability.
(1) A licensed animal therapist may perform health care therapy on an animal only if:
(a) The health care therapy is consistent with the licensed animal therapist's training required for the license referred to under subdivision (1) of section 38-3332;
(b) The owner of the animal presents to the licensed animal therapist a prior letter of referral for health care therapy that includes a veterinary medical diagnosis and evaluation completed by a licensed veterinarian who has a veterinarian-client-patient relationship with the owner and the animal and has made the diagnosis and evaluation within ninety days immediately preceding the date of the initiation of the health care therapy; and
(c) The licensed animal therapist provides health care therapy reports at least monthly to the referring veterinarian, except that a report is not required for any month in which health care therapy was not provided.
(2) A licensed veterinarian who prepares a letter of referral for health care therapy by a licensed animal therapist shall not be liable for damages caused to the animal as a result of the health care therapy performed by the licensed animal therapist.
Source
Laws 2009, LB463, § 10.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3334 - Animal therapist; additional disciplinary grounds.

38-3334.
Animal therapist; additional disciplinary grounds.
In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a license to practice as a licensed animal therapist may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee is subjected to disciplinary measures with regard to his or her license referred to under subdivision (1) of section 38-3332.
Source
Laws 2009, LB463, § 11.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3335 - Veterinarian locum tenens; issuance; requirements; term.

38-3335.
Veterinarian locum tenens; issuance; requirements; term.
When circumstances indicate a need for the issuance of a veterinarian locum tenens in the State of Nebraska, the department, with the recommendation of the board, may issue a veterinarian locum tenens to an individual who holds an active license to practice veterinary medicine and surgery in another state if the requirements regarding education and examination for licensure in that state are equal to or exceed the requirements regarding education and examination for licensure in Nebraska. A veterinarian locum tenens may be issued for a period not to exceed ninety days in any twelve-month period.
Source
Laws 2011, LB687, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3403 - Active candidate, defined.

38-3403.
Active candidate, defined.
Active candidate means an individual who has (1) met the requirements established by the national genetic counseling board to take the national certification examination in general genetics or genetic counseling and (2) been granted active candidate status by the national genetic counseling board.
Source
Laws 2012, LB831, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3410 - Physician, defined.

38-3410.
Physician, defined.
Physician means an individual licensed under the Medicine and Surgery Practice Act to practice medicine and surgery or osteopathic medicine and surgery.
Source
Laws 2012, LB831, § 10.
Cross References
Medicine and Surgery Practice Act, see section 38-2001.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3414 - Supervision, defined.

38-3414.
Supervision, defined.
Supervision means the overall responsibility to assess the work of a supervisee, including regular meetings and chart review by a qualified supervisor pursuant to an annual supervision contract signed by the qualified supervisor and the supervisee which is on file with both parties. The presence of a qualified supervisor is not required during the performance of services by the supervisee.
Source
Laws 2012, LB831, § 14.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3415 - Scope of practice.

38-3415.
Scope of practice.
The scope of practice of a genetic counselor is:
(1) Obtaining and evaluating individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his or her offspring, and other family members;
(2) Discussing features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic or medical conditions and diseases;
(3) Identifying and coordinating of genetic laboratory tests and other diagnostic studies as appropriate for the genetic assessment;
(4) Integrating genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases;
(5) Explaining the clinical implications of genetic laboratory tests and other diagnostic studies and their results;
(6) Evaluating the client's or family's responses to genetic or medical conditions identified by the genetic assessment or risk of recurrence and providing client-centered counseling and anticipatory guidance;
(7) Identifying and utilizing community resources that provide medical, educational, financial, and psychosocial support and advocacy; and
(8) Providing written documentation of medical, genetic, and counseling information for families and health care professionals.
Source
Laws 2012, LB831, § 15.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3416 - License required.

38-3416.
License required.
Except as provided in the Genetic Counseling Practice Act, on and after January 1, 2013, no individual shall engage in the practice of genetic counseling unless he or she is licensed under the act.
Source
Laws 2012, LB831, § 16.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3417 - Act; persons exempt.

38-3417.
Act; persons exempt.
The Genetic Counseling Practice Act does not apply to:
(1) An individual licensed under the Uniform Credentialing Act to practice a profession other than genetic counseling when acting within the scope of his or her profession and doing work of a nature consistent with his or her training, except that such individual shall not hold himself or herself out to the public as a genetic counselor;
(2) An individual employed by the United States Government or an agency thereof to provide genetic counseling if he or she provides genetic counseling solely under the direction and control of the organization by which he or she is employed;
(3) A genetic counseling intern if genetic counseling performed by the genetic counseling intern is an integral part of the course of study and is performed under the direct supervision of a genetic counselor who is on duty and available in the assigned patient care area and if the genetic counseling intern is designated by the title genetic counseling intern; or
(4) An individual certified by the national genetic counseling board or the national medical genetics board to provide genetic counseling who permanently resides outside the state and is providing consulting services within the state for a period of two months or less.
Source
Laws 2012, LB831, § 17.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3418 - Applicant; certification required.

38-3418.
Applicant; certification required.
Except as provided in section 38-3420, an applicant for licensure as a genetic counselor shall provide satisfactory evidence that he or she is certified as a genetic counselor by either the national genetic counseling board or the national medical genetics board.
Source
Laws 2012, LB831, § 18.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3419 - Reciprocity; individual practicing before January 1, 2013; licensure; qualification; military spouse; temporary license.

38-3419.
Reciprocity; individual practicing before January 1, 2013; licensure; qualification; military spouse; temporary license.
(1) The department, with the recommendation of the state board, may issue a license under the Genetic Counseling Practice Act based on licensure in another jurisdiction to an individual who meets the requirements of the Genetic Counseling Practice Act or substantially equivalent requirements as determined by the department, with the recommendation of the state board.
(2) An individual practicing genetic counseling in Nebraska before January 1, 2013, may apply for licensure under the act if, on or before July 1, 2013, he or she:
(a) Provides satisfactory evidence to the state board that he or she (i) has practiced genetic counseling for a minimum of ten years preceding January 1, 2013, (ii) has a postbaccalaureate degree at the master's level or higher in genetics or a related field of study, and (iii) has never failed the certification examination;
(b) Submits three letters of recommendation from at least one individual practicing genetic counseling who qualifies for licensure under the Genetic Counseling Practice Act and either a clinical geneticist or medical geneticist certified by the national medical genetics board. An individual submitting a letter of recommendation shall have worked with the applicant in an employment setting during at least five of the ten years preceding submission of the letter and be able to attest to the applicant's competency in providing genetic counseling; and
(c) Provides documentation of attending approved continuing education programs within the five years preceding application.
(3) An applicant who is a military spouse may apply for a temporary license as provided in section 38-129.01.
Source
Laws 2012, LB831, § 19;
Laws 2017, LB88, § 91.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3420 - Provisional license; requirements; renewal; expiration; conditions; application for extension; requirements.

38-3420.
Provisional license; requirements; renewal; expiration; conditions; application for extension; requirements.
(1) The department, on the recommendation of the state board, may issue a provisional license to practice genetic counseling to an individual who meets all of the requirements for licensure under the Genetic Counseling Practice Act except for certification and who has been granted active candidate status. Such license shall be valid for one year from the date of issuance and may be renewed for one additional year if the applicant fails the certification examination one time. The provisional license shall expire automatically upon the earliest of the following:
(a) Issuance of a license as a genetic counselor under the Genetic Counseling Practice Act;
(b) Thirty days after the applicant fails to pass the complete certification examination; or
(c) The date printed on the provisional license.
(2) An application for extension of a provisional license shall be signed by a qualified supervisor. A provisional licensee shall work at all times under the supervision of a qualified supervisor.
Source
Laws 2012, LB831, § 20.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3421 - License required; use of titles prohibited.

38-3421.
License required; use of titles prohibited.
On and after January 1, 2013, no individual shall hold himself or herself out as a genetic counselor unless he or she is licensed in accordance with the Genetic Counseling Practice Act. An individual who is not so licensed may not use, in connection with his or her name or place of business, the title genetic counselor, licensed genetic counselor, gene counselor, genetic consultant, or genetic associate, or any words, letters, abbreviations, or insignia indicating or implying that he or she holds a license under the act.
Source
Laws 2012, LB831, § 21.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3422 - Rules and regulations.

38-3422.
Rules and regulations.
The department shall adopt and promulgate rules and regulations as it may deem necessary with reference to the conditions under which the practice of genetic counseling shall be carried on. The department shall have the power to enforce the Genetic Counseling Practice Act.
Source
Laws 2012, LB831, § 22.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3424 - Abortion counseling or referral; act; how construed; refusal to participate in counseling or referral; how treated.

38-3424.
Abortion counseling or referral; act; how construed; refusal to participate in counseling or referral; how treated.
The Genetic Counseling Practice Act shall not be construed to require any genetic counselor to counsel or refer for abortion, and licensing of a genetic counselor shall not be contingent upon his or her participation in counseling or referral with respect to abortion. The refusal of a genetic counselor to participate in counseling or referral with respect to abortion shall not form the basis for any claim of damages on account of the refusal or for any disciplinary or recriminatory action against the genetic counselor if the genetic counselor informs the patient that the genetic counselor will not participate in counseling or referral with respect to abortion and offers to direct the patient to the online directory of licensed genetic counselors maintained by the department.
Source
Laws 2012, LB831, § 24.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3502 - Legislative findings.

38-3502.
Legislative findings.
The Legislature finds that:
(1) Surgical assisting is an established health profession in Nebraska;
(2) Surgical first assistants aid in ensuring a safe surgical environment by maximizing patient safety by using appropriate techniques for processes, including, but not limited to, maintaining hemostasis, proper patient positioning, clear visualization of the operative site, proper closure of the operative site, and correct dressing of a wound; and
(3) It is necessary to encourage the most effective utilization of the skills of surgical first assistants by enabling them to perform tasks delegated by a licensed physician.
Source
Laws 2016, LB721, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3503 - Definitions, where found.

38-3503.
Definitions, where found.
For purposes of the Surgical First Assistant Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3504 to 38-3510 apply.
Source
Laws 2016, LB721, § 3.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3504 - Approved certifying body, defined.

38-3504.
Approved certifying body, defined.
Approved certifying body means a national certification organization which is approved by the board, certifies qualified surgical first assistants, has eligibility requirements related to education and practice, and offers an examination in an area of practice which meets guidelines and tests approved by the board.
Source
Laws 2016, LB721, § 4.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3505 - Approved surgical first assistant education program, defined.

38-3505.
Approved surgical first assistant education program, defined.
Approved surgical first assistant education program means a program accredited by the Commission on Accreditation of Allied Health Education Programs or the Accrediting Bureau of Health Education Schools or other accreditation entity approved by the board.
Source
Laws 2016, LB721, § 5.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3511 - Licensed surgical first assistant; activities authorized.

38-3511.
Licensed surgical first assistant; activities authorized.
A licensed surgical first assistant may engage in the practice of surgical assisting, including, but not limited to, the following:
(1) Assisting in the intraoperative care of a surgical patient;
(2) Positioning the patient;
(3) Preparing and draping the patient for the surgical procedure;
(4) Providing visualization of the operative site;
(5) Assisting with hemostasis;
(6) Assisting with closure of body planes, including the following:
(a) Inserting running or interrupted subcutaneous sutures with absorbable or nonabsorbable material;
(b) Utilizing subcuticular closure technique with or without adhesive skin closure strips; and
(c) Closing skin with method indicated by surgeon, including, but not limited to, suture and staples;
(7) Applying appropriate wound dressings;
(8) Providing assistance in securing drainage systems to tissue;
(9) Preparing specimens, such as grafts; and
(10) Performing other tasks during a surgical procedure delegated by and under the personal supervision of a physician appropriate to the level of competence of the surgical first assistant.
Source
Laws 2016, LB721, § 11.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3512 - Applicant; education and examination requirements; waiver; when.

38-3512.
Applicant; education and examination requirements; waiver; when.
(1) An applicant for licensure under the Surgical First Assistant Practice Act shall:
(a) Be certified as a surgical first assistant by an approved certifying body;
(b) Have successfully completed an approved surgical first assistant education program approved by the board or other experiential or training program as approved by the board;
(c) Have passed a nationally recognized surgical first assistant examination adopted by the board; and
(d) Have a high school diploma or the equivalent as determined by the board.
(2) The department may waive the education and examination requirements under the Surgical First Assistant Practice Act for an applicant who:
(a) By January 1, 2017, submits demonstrated evidence satisfactory to the board that he or she has been functioning as a surgical first assistant as his or her primary function in a licensed health care facility within the last five years prior to September 1, 2016;
(b) By January 1, 2017, submits evidence of holding a current certification as a surgical first assistant issued by an approved certifying body; or
(c) Submits evidence of holding a credential as a surgical first assistant issued by another state or territory of the United States or the District of Columbia which has standards substantially equivalent to those of this state.
Source
Laws 2016, LB721, § 12.
Cross References
Credentialing, general requirements and issuance procedures, see section 38-121 et seq.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3513 - Act; how construed.

38-3513.
Act; how construed.
The Surgical First Assistant Practice Act shall not be construed to:
(1) Prohibit any nurse practitioner, registered nurse, physician, or physician assistant credentialed to practice under the Uniform Credentialing Act from engaging in the practice for which he or she is credentialed; or
(2) Prohibit any student enrolled in a bona fide surgical first assistant training program recognized by the board from performing those duties which are necessary for the student's course of study, if the duties are performed under the personal supervision of a physician.
Source
Laws 2016, LB721, § 13.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3514 - Right to use title and abbreviation.

38-3514.
Right to use title and abbreviation.
A person holding an active license as a licensed certified surgical first assistant has the right to use the title licensed surgical first assistant and the abbreviation L.S.F.A.
Source
Laws 2016, LB721, § 14.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3517 - Board; duties; department; duties.

38-3517.
Board; duties; department; duties.
(1) The board shall, pursuant to section 38-126: (a) Recommend to the department the issuance of licenses to practice surgical assisting under the Surgical First Assistant Practice Act; (b) investigate and adopt standards based on national standards for surgical assisting and implement changes as needed to carry out the act; and (c) provide for distribution of information regarding practice of licensed surgical first assistants.
(2) The department shall: (a) Receive and investigate complaints, conduct hearings, and impose disciplinary actions in relation to complaints against licensed surgical first assistants under the Uniform Credentialing Act; and (b) perform other duties as required under the Surgical First Assistant Practice Act and Uniform Credentialing Act.
Source
Laws 2016, LB721, § 17.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3602 - Purposes of Interstate Medical Licensure Compact.

38-3602.
Purposes of Interstate Medical Licensure Compact.
The purposes of the Interstate Medical Licensure Compact are, through means of joint and cooperative action among the member states of the compact (1) to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and that provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients, (2) to create another pathway for licensure that does not otherwise change a state's existing medicine and surgery practice act, (3) to adopt the prevailing standard for licensure, affirm that the practice of medicine occurs where the patient is located at the time of the physician-patient encounter, and require the physician to be under the jurisdiction of the state medical board where the patient is located, (4) to ensure that state medical boards that participate in the compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the compact, and (5) to create the Interstate Medical Licensure Compact Commission.
Source
Laws 2017, LB88, § 2.
2023 Nebraska Revised Statutes › Chapter 38 - Health Occupations and Professions › 38-3604 - Physician; expedited license; eligibility requirements; failure to meet requirements; effect.

38-3604.
Physician; expedited license; eligibility requirements; failure to meet requirements; effect.
(a) A physician must meet the eligibility requirements as defined in subdivision (k) of section 38-3603 to receive an expedited license under the terms and provisions of the Interstate Medical Licensure Compact.
(b) A physician who does not meet the requirements of subdivision (k) of section 38-3603 may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the compact, relating to the issuance of a license to practice medicine in that state.
Source
Laws 2017, LB88, § 4.