reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-013 - TAKE HOME MEALS AND FULL PRICE

Current through June 17, 2024
013.01
PROVISIONS.
An individual who wishes to take a meal
				from the meal site is able to do so by paying full price. Meals that are paid
				for at full price are exempt from sales tax per the Nebraska Sales and Use Tax
				Regulations. The Area Agency on Aging must provide written instructions, when
				feasible, in the language of the majority of the individuals, for proper
				handling and re-heating of the meals sold.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-015 - NUTRITION RISK SCREENING AND ASSESSMENT TOOLS

Current through June 17, 2024
015.01
REQUIREMENTS.
Area Agencies on Aging must utilize a tool, questions, or both to conduct
				nutrition risk screenings and assessments, as prescribed by the State Unit on
				Aging.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 4 - NEBRASKA AGING NUTRITION SERVICES › Section 15-4-016 - REQUIRED FORMS

Current through June 17, 2024
016.01
REQUIREMENTS.
Area Agency on Aging must utilize any
				required forms from the State Unit on Aging that are identified in program
				instructions, information memorandums, and applicable communications.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 5 - SENIOR VOLUNTEER PROGRAM › Section 15-5-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the Senior Volunteer Program. The
				  regulations are authorized by and implement the Nebraska Senior Volunteer
				  Program Act, Nebraska Revised Statute (Neb. Rev. Stat.) §§
									81-2273
				  to
				  81-2283,
				  and §
									81-2210.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 5 - SENIOR VOLUNTEER PROGRAM › Section 15-5-003 - SENIOR VOLUNTEERS

Current through June 17, 2024
003.01
ELIGIBILITY CRITERIA.
An individual must meet the
				statutory requirement to serve as a senior volunteer.
003.01(A)
AGE.
An
				individual must be age 60 or older.
003.01(B)
NON-DISCRIMINATION.
Recruitment, selection and
				eligibility may not be restricted on the basis of education, experience,
				citizenship, race, color, creed, belief, sex, national origin, disability,
				sexual orientation, or political affiliation.
003.01(C)
BACKGROUND
				CHECKS.
Background checks must meet requirements as set forth by
				the State Unit on Aging.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 5 - SENIOR VOLUNTEER PROGRAM › Section 15-5-004 - SERVICE PROVIDER

Current through June 17, 2024
004.01
SERVICE PROVIDER ELIGIBILITY.
Public agencies and
				private non-profit organizations that have the capacity to accept and the
				capability to administer these grants are eligible.
004.02
SERVICE PROVIDER
				RESPONSIBILITY.
The service provider is responsible for all
				programmatic and fiscal aspects of the project. The service provider must:
(A) Designate a project director who is
				directly responsible to the sponsor for the management of the
				project;
(B) Provide for the
				recruitment, assignment, supervision, and support of volunteers. Special
				efforts must be made to recruit and assign persons from minority groups, people
				with disabilities, and hard-to-reach individuals;
(C) Provide financial and in-kind support to
				fulfill the project's local share commitment;
(D) Provide the volunteers with accident,
				personal liability, and excess auto liability insurance as provided below:
(i) Provide a Certificate of Insurance to the
				State Unit on Aging to ensure while volunteering, senior volunteers are
				included under the service provider's insurance policies; and
(ii) Adhere to the State Unit on Aging's
				subaward requirements related to General Insurance, Commercial General
				Liability and Commercial Automobile Liability insurance provisions and
				maintenance of the required amounts of insurance;
(E) Provide for recognition of the volunteers
				and their activities;
(F) Establish
				grievance and appeal procedures for volunteers following the guidance provided
				by the State Unit on Aging;
(G)
				Maintain project records in accordance with generally accepted accounting
				principles and provide for accurate and timely preparation and submission of
				reports required by the State Unit on Aging;
(H) Provide training prior to the start of
				service and quarterly thereafter;
(I) Provide or arrange for direct benefits as
				described in 003.02 of 15 Nebraska Administrative Code (NAC) 5;
(J) Ensure that liability insurance is
				maintained for owned, non-owned, or hired vehicles used in the project;
(K) Develop a transportation plan
				for the project based on lowest cost transportation modes; and
(L) Conduct an annual appraisal of the
				volunteers' performance using forms prescribed by the State Unit on Aging and
				an annual review of volunteers' driver's record and liability insurance.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 5 - SENIOR VOLUNTEER PROGRAM › Section 15-5-005 - PROJECT DEVELOPMENT

Current through June 17, 2024
005.01
GRANT APPLICATION.
The State Unit on Aging may solicit project proposals. Any
				  eligible organization may file an application for a grant. Any grant
				  application is not guaranteed to be funded.
005.02
GRANT REVIEW AND AWARD
				PROCESS.
005.02(A)
GRANT SELECTION.
Grant applicants whose proposals
				provide the best potential for serving the purpose of this program may be
				awarded available funds.
005.02(B)
FUNDING LEVEL.
Individual project grants of up to a
				maximum of $25,000 are awarded annually and are subject to appropriations and
				other funding available.
005.02(C)
LOCAL MATCH.
Local match may be in the form of cash or
				in-kind resources. Local match must be equal to or greater than 10% of the
				amount of the grant.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 6 - LONG TERM CARE OMBUDSMAN PROGRAM › Section 15-6-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These rules and regulations implement Nebraska Revised
				  Statutes (Neb. Rev. Stat.) §§
									81-2237
				  to
				  81-2264,
				  which directs the establishment of a statewide long-term care ombudsman program
				  and meet the requirements of (1) Older Americans Act of 1965, 42 United States
				  Code (U.S.C.) Sections 3058f-3058h, as amended; (2) 42 Code of Federal
				  Regulations (CFR) Sections 483.10 through 483.13; (3) 45 CFR Parts 1321 and
				  1324; and (4) The Nebraska Nursing Home Act, Rev. Statutes of Nebraska, Article
				  60, Section
				  71-6019.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 6 - LONG TERM CARE OMBUDSMAN PROGRAM › Section 15-6-003 - DESIGNATION PROCEDURES

Current through June 17, 2024
A proposed Plan of Operation must be submitted by the agency
				  to the Office to provide the services of a local long-term care ombudsman
				  program within a planning and service area as described in Neb. Rev. Stat.
				  §
									81-2213(6)
003.01
PLAN OF
				OPERATION.
The proposed Plan of Operation must comply with the Act
				and these rules and regulations.
003.02
DENIAL.
The
				Office may deny designation of a proposed Plan of Operation for any or all of
				the following reasons:
(A) Failure to submit
				a complete Plan of Operation as outlined in these rules and
				regulations;
(B) Failure to provide
				a Plan of Operation which is in conformance with the Act; or
(C) Failure to provide in the initial Plan of
				Operation a reasonable time frame for providing local long-term care ombudsman
				services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 6 - LONG TERM CARE OMBUDSMAN PROGRAM › Section 15-6-004 - APPROVAL AND DESIGNATION

Current through June 17, 2024
Approval of a Plan of Operation and designation of a local
				  long-term care ombudsman program is valid for two years from October 1 and
				  ending on September 30, unless revoked by the Office at an earlier date or the
				  Office specifies a different date.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 6 - LONG TERM CARE OMBUDSMAN PROGRAM › Section 15-6-005 - REVOCATION OF DESIGNATION

Current through June 17, 2024
The Office may revoke designation at any time for one or more
				  of the following reasons:
(A) There is
				a change in status or ownership of the agency operating a local long-term care
				ombudsman program without prior approval of the Office;
(B) The resources allocated to the local
				long-term care ombudsman program by the Office or any other state or federal
				source are being used in violation of the Act, the Older Americans Act of 1965,
				as amended and its rules and regulations;
(C) The local long-term care ombudsman
				program fails to perform according to the approved Plan of Operation;
(D) The local long-term care ombudsman
				program fails to obtain approval from the Office for a change in its Plan of
				Operation in accordance with this chapter;
(E) Failure to disclose or resolve any
				individual or organizational conflict of interest; or
(F) The local long-term care ombudsman
				program is in violation of any of the Older Americans Act of 1965, as amended,
				and its rules and regulations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 6 - LONG TERM CARE OMBUDSMAN PROGRAM › Section 15-6-006 - REDESIGNATION

Current through June 17, 2024
Any application for redesignation must be submitted by the
				  agency to the Office 60 calendar days prior to the expiration of each two-year
				  designation period. Failure to file for redesignation will cause designation to
				  expire at the end of the two-year designation period.
006.01
APPLICATION.
Any application for redesignation must be submitted by the agency according to
				the designation process as outlined in this title.
006.02
NOTICE.
Notice of approval or denial of redesignation will be issued by the Office
				prior to the expiration of the current designation period.
006.03
DESIGNATION
				PERIOD.
The new designation period will begin on October 1, unless
				otherwise provided.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 6 - LONG TERM CARE OMBUDSMAN PROGRAM › Section 15-6-007 - PLAN OF OPERATION

Current through June 17, 2024
An Agency Plan of Operation for a local long-term care
				  ombudsman program, must provide the following information.
(A) A description of the area to be served
				within a planning and service area. No local program will include within its
				service area any facility being served by another designated program;
(B) A statement of philosophy and goals and
				objectives of the program;
(C) A
				statement of the procedures to be used to recruit and support volunteer
				ombudsman advocates;
(D) A
				statement of methods to evaluate the attainment of program goals and objectives
				for the program;
(E) If more than
				one local long-term care ombudsman program is to be established in the planning
				and service area, a statement detailing how the programs will coordinate
				services and avoid duplication of effort;
(F) An annual budget of income and expenses
				for the program coincident with the state fiscal year;
(G) A statement of procedures that ensure the
				program must comply with all requirements of the Office, including training of
				all representatives of the Office, confidentiality of records and
				reporting;
(H) A statement of
				procedures that ensure that no person will investigate any complaint filed with
				the Office unless such person is certified by the Office; and
(I) A statement of procedures that ensure the
				program has the ability to pursue appropriate remedies to resolve complaints,
				including but not limited to:
(i)
				Representing residents in administrative hearings and appeals before state and
				federal agencies, including the Nebraska Department of Health and Human
				Services and the United States Department of Health and Human
				Services;
(ii) Making referrals and
				recommending specific courses of action, referring situations to public and
				private agencies, such as the Nebraska Department of Health and Human Services
				Adult Protective Services Program, Legal Services Corporations, county
				attorneys' offices, the Nebraska Attorney General's office, state and federal
				courts and other agencies; and
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 6 - LONG TERM CARE OMBUDSMAN PROGRAM › Section 15-6-008 - CERTIFICATION OF OMBUDSMAN ADVOCATES

Current through June 17, 2024
To receive certification, local long-term care ombudsman
				  programs must meet the following requirements:
(A) Successful completion of 20 hours of
				classroom training covering topics as listed in Revised Statute §
									81-2253;
(B) Successful completion of a three-month
				probationary period determined through an evaluation of the ombudsman
				advocate's performance of duties and responsibilities in accordance with these
				rules and regulations and an on-site evaluation at the ombudsman advocate's
				assigned facility; and
(C)
				Demonstration of the ability to perform duties and display competence in
				advocating for residents of long-term care facilities as determined by the
				State Long-Term Care Ombudsman.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 6 - LONG TERM CARE OMBUDSMAN PROGRAM › Section 15-6-009 - RECERTIFICATION OF OMBUDSMAN ADVOCATES

Current through June 17, 2024
Ombudsman advocates must be recertified biennially, after
				  having met the following requirements:
(A) Completion of 12 hours of additional
				classroom training provided by the Office; and
(B) Evaluation of performance of duties and
				responsibilities in accordance with these rules and regulations and the
				policies and procedures of the local program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 15 - AGING SERVICES › Chapter 6 - LONG TERM CARE OMBUDSMAN PROGRAM › Section 15-6-010 - DECERTIFICATION OF OMBUDSMAN ADVOCATES

Current through June 17, 2024
Cause for decertification of an ombudsman advocate may
				  include the following:
(A) Any conduct
				which adversely affects the performance of his or her duties as ombudsman
				advocate, or which adversely affects the sponsoring agency's ability to provide
				services under the Act or these regulations;
(B) Disclosure of information relating to any
				complaints or investigations made pursuant to the Act that identifies
				complainants, patients, residents, or clients to any individual or agency
				unless such disclosure is:
(i) Authorized in
				writing by the complainant, resident or resident representative or the legal
				guardian or legal representative of such individual;
(ii) Necessary for the provision of services
				to the patient, resident or client and the patient, resident or client is
				unable to express written or oral consent; or
(iii) Made pursuant to court order;
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 1 - RULES OF PRACTICE AND PROCEDURE GOVERNING REINSTATEMENT OF A HEALTH PROFESSIONAL LICENSE › Section 172-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These rules govern practice and procedure for reinstatement of a credential to practice a profession or occupation under the Uniform Credentialing Act (UCA), Nebraska Revised Statutes (Neb. Rev. Stat.) §§
									38-101 to  38-1,142.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 1 - RULES OF PRACTICE AND PROCEDURE GOVERNING REINSTATEMENT OF A HEALTH PROFESSIONAL LICENSE › Section 172-1-002 - APPLICATIONS FOR REINSTATEMENT

Current through June 17, 2024
An application for reinstatement of a credential under this chapter must comply with the requirements of 172 NAC 10.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 1 - RULES OF PRACTICE AND PROCEDURE GOVERNING REINSTATEMENT OF A HEALTH PROFESSIONAL LICENSE › Section 172-1-003 - REQUESTS FOR HEARINGS

Current through June 17, 2024
An applicant may request a hearing before the board if the board recommends denial of the application; to modify a suspension or limitation of a credential; or to reinstate the credential subject to probation with terms or conditions, or subject to limitations, in accordance with Neb. Rev. Stat. §
									38-149(4).
003.01
CONDUCT OF HEARINGS.
Hearings before a board shall be conducted in accordance with 184 NAC 1.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 2 - FEES › Section 172-2-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations establish fees related to the credentialing
				  of individuals and businesses under the Uniform Credentialing Act (UCA),
				  Nebraska Revised Statutes (Neb. Rev. Stat.) §§
									38-101
				  to
				  38-1,142.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 3 - REGULATIONS ESTABLISHING DEFINITIONS OF CONFLICTS OF INTEREST FOR MEMBERS OF THE BOARDS OF EXAMINERS IN THE HEALTH PROFESSIONS › Section 172-3-002 - RESOLUTION OF CONFLICT OF INTEREST

Current through June 17, 2024
A member of a board of examiners in the health professions
				  who, in the discharge of his or her official duties, would be required to take
				  any action or make any decision that may cause financial benefit or detriment
				  to him or her, a member of his or her immediate family, or a business with
				  which he or she is associated, which is distinguishable from the effects of
				  such action on the public generally, or a broad segment of the public, shall
				  take the following actions as soon as he or she is aware of such potential
				  conflict of interest, or should reasonably be aware of such potential conflict,
				  whichever is sooner:
002.01 Prepare a
				written statement describing the matter requiring action or decision and the
				nature of the potential conflict;
002.02 Deliver a copy of the statement to the
				Nebraska Accountability and Disclosure Commission; and
002.03 Deliver a copy of the statement to the
				Director of Health.
002.04 The
				member of a board of examiners in the health professions shall also exercise
				one or more of the following steps to remove himself or herself from influence
				over actions and decisions on the matter:
002.04A Refrain from discussion with other
				board members of those matters on which a conflict exists, or
002.04B Abstain from voting on the matter on
				which the potential conflict exists whether by voice vote, secret ballot, or
				any other method.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 3 - REGULATIONS ESTABLISHING DEFINITIONS OF CONFLICTS OF INTEREST FOR MEMBERS OF THE BOARDS OF EXAMINERS IN THE HEALTH PROFESSIONS › Section 172-3-003 - DISCIPLINARY MEASURES

Current through June 17, 2024
Any member of a board of examiners in the health professions
				  violating the provisions of subsections 001.01, 001.02 or 001.03 shall be
				  guilty of a Class III misdemeanor pursuant to Neb, Rev. Stat. §
									49-14,101,
				  which upon conviction can result in a maximum penalty of three months
				  imprisonment or five hundred dollars fine, or both, with no minimum penally,
				  pursuant to Neb. Rev. Stat. §
									28-106.
				  A contract involving a prohibited conflict of interest under subsection 001.04
				  shall be voidable pursuant to Neb. Rev. Stat. §
									49-14,103.
				  Violation of any of the provisions of section 001 or failure to take any of the
				  steps outlined in section 002 shall constitute malfeasance in office and due
				  cause for action of removal of a member from the board of examiners pursuant to
				  Neb. Rev. Stat. §71 -118, other appropriate statute, or Article IV,
				  Section 10 of the Constitution of the State of Nebraska, as
				  applicable.
Nebraska Revised Statutes Sections 71-115.01, 71-379,49
					 -1493(7), 49-1499, 49-14,101, 49-14,102, 49-14,103 (Reissue 1986); 71-1,
					 132.07(4),
					 71-4715.01, 71-3706, 71-5507.01,
					 71-6115(2),
					 71-2704.01 (Supp. 1987)
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 4 - CREDENTIALING REVIEW PROGRAM › Section 172-4-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
This chapter implements the Nebraska Regulation of Health
				  Professions Act, Nebraska Revised Statutes (Neb. Rev. Stat.) §§
									71-6201
				  to
				  71-6229. This
				  chapter establishes standards for the use of criteria by review bodies in
				  recommending whether proposals for regulation or change in scope of practice
				  meet the criteria.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 4 - CREDENTIALING REVIEW PROGRAM › Section 172-4-002 - DEFINITIONS

Current through June 17, 2024
The definitions set out in Neb. Rev. Stat. §§
									71-6201
				  to
				  71-6229 and
				  the following apply to this chapter.
002.01
APPLICATION.
The document prepared by the applicant group that contains the proposal and
				evidence supporting or explaining the proposal is the application.
002.02
LEVEL OF EVIDENCE.
Level of evidence is the ranking of the strength of these types
				of evidence, in descending order:
(A)
				Randomized trial;
(B) Comparison
				groups;
(C) Pre- vs.
				post-comparison;
(D) Correlation
				study;
(E) Case study;
				and
(F) Anecdotal.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 4 - CREDENTIALING REVIEW PROGRAM › Section 172-4-003 - CRITERIA AND STANDARDS FOR A NEW CREDENTIAL

Current through June 17, 2024
The Nebraska Regulation of Health Professions Act sets out
				  criteria for new credentialing of a health profession. These are professions
				  currently not credentialed but allowed to practice in Nebraska. The review body
				  determines whether the following criteria are met.
003.01
CRITERION ONE.
Unregulated practice can clearly harm or endanger the health,
				safety, or welfare of the public. The review body must apply the following
				standards in determining whether this criterion is met:
(A) Is the public suffering harm or danger,
				is the harm or danger, if any, clearly and directly attributable to the absence
				of regulation of the profession, and whether the harm or danger, if any, is of
				sufficient magnitude to warrant state intervention.
(B) The documentation of harm or danger to
				the public must be sufficient to demonstrate that the harm or danger is clear
				and is attributable to the lack of regulation of the profession in question.
				Evaluation of harm or danger must be based on the highest level of evidence
				available.
(C) Harm or danger to
				the health, safety, or welfare of the public may occur in physical, emotional,
				economic, or social contexts; and as such all of these can be
				considered.
(D) Harm or danger to
				the public must be of sufficient extent and severity to warrant governmental
				intervention. A certain level of harm or danger attributable to human error and
				uncontrollable factors will always occur within any health care
				field.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 4 - CREDENTIALING REVIEW PROGRAM › Section 172-4-004 - CRITERIA AND STANDARDS FOR A PROFESSION NOT CURRENTLY ALLOWED TO PRACTICE IN NEBRASKA

Current through June 17, 2024
The Nebraska Regulation of Health Professions Act sets out
				  criteria for the regulation of a profession not currently allowed to practice
				  in Nebraska. These are professions currently not credentialed and currently not
				  allowed to practice in Nebraska. The review body must determine whether the
				  following criteria are met.
004.01
CRITERION ONE.
Absence of a separate regulated
				profession creates a situation of harm or danger to the health, safety, or
				welfare of the public. The review body must apply the following standards in
				determining whether this criterion is met:
(A)
				The public is suffering harm or danger, which is clearly and directly
				attributable to the absence of the separately regulated health profession under
				review, and that this harm or danger is of sufficient magnitude to warrant
				state intervention.
(B) The
				Documentation of harm or danger to the public must be sufficient to demonstrate
				that the harm or danger is clear, that it is attributable to the absence of the
				separate regulated health profession in question. Evaluation of harm or danger
				is based on the highest level of evidence available.
(C) Harm or danger to the health, safety, or
				welfare of the public may occur in physical, emotional, or social contexts and
				as such all of these can be considered.
(D) Harm or danger to the public must be of
				sufficient extent and severity to warrant governmental intervention. A certain
				level of harm or danger attributable to human error and uncontrollable factors
				will always occur within any health care field.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 4 - CREDENTIALING REVIEW PROGRAM › Section 172-4-005 - CRITERIA AND STANDARDS FOR A CHANGE IN SCOPE OF PRACTICE OF A REGULATED PROFESSION

Current through June 17, 2024
The Nebraska Regulation of Health Professions Act sets out
				  criteria for a change in scope of practice of a regulated profession. The
				  review body must determine whether the following criteria are met.
005.01
CRITERION ONE.
The health, safety, and welfare of the public are
				  inadequately addressed by the present scope of practice or limitations on the
				  scope of practice.
005.01(A)
DETERMINATION.
The review body must determine that at
				least one of the following is occurring:
(i)
				The cost of the services in question is prohibitive for some members of the
				public under the current limitations on scope of practice,
(ii) Access to the services in question is
				very difficult for some members of the public under the current limitations on
				scope of practice,
(iii) The
				guality of the services in question is adversely impacted under the current
				limitations on scope of practice,
(iv) The range of services of the profession
				under review is too limited under the current scope of practice raising
				concerns about consumers having to access the services of other providers whose
				practices are not as accessible or whose services are more costly,
(v) Actual harm or danger to the public
				health and safety is occurring because of the absence of the proposed scope of
				practice.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 5 - MANDATORY REPORTING BY HEALTH CARE PROFESSIONALS. FACILITIES, PEER REVIEW ORGANIZATIONS. PROFESSIONAL ASSOCIATIONS. AND INSURERS › Section 172-5-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the manner and method in which
				  health care professionals, health care facilities, peer review organizations,
				  professional associations and insurers must report actions or conduct which may
				  violate laws or regulations governing health care professionals who are
				  licensed, certified, or registered by the Department. The authority for this
				  chapter is the Uniform Credentialing Act, Nebraska Revised Statutes (Neb. Rev.
				  Stat.) §§
									38-101
				  to
				  38-1,142
				  and the Wholesale Drug Distributor Licensing Act, Neb. Rev. Stat. §§
									71-7427
				  to
				  71-7463.
				  This chapter does not apply to pharmacist interns and pharmacy
				  technicians.
001.01
VOLUNTARY COMPLAINTS.
Nothing in law or under this
				chapter is intended to preclude a health care professional, a health care
				facility, a peer review organization, a professional association, or an insurer
				from voluntarily reporting information or filing a complaint against a health
				care professional.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 5 - MANDATORY REPORTING BY HEALTH CARE PROFESSIONALS. FACILITIES, PEER REVIEW ORGANIZATIONS. PROFESSIONAL ASSOCIATIONS. AND INSURERS › Section 172-5-002 - DEFINITIONS

Current through June 17, 2024
Definitions set out in the Uniform Credentialing Act, the
				  Wholesale Drug Distributor Licensing Act, 172 Nebraska Administrative Code
				  (NAC) 10, and the following apply to this chapter.
002.01
CONVICTION.
A
				finding of guilt for a crime committed. Such finding may be made on a:
(A) Verdict of a jury;
(B) Non-jury trial before a court or other
				tribunal; or
(C) Upon acceptance of
				a plea of guilty or no contest without trial.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 5 - MANDATORY REPORTING BY HEALTH CARE PROFESSIONALS. FACILITIES, PEER REVIEW ORGANIZATIONS. PROFESSIONAL ASSOCIATIONS. AND INSURERS › Section 172-5-003 - REPORTING BY HEALTH CARE PROFESSIONALS

Current through June 17, 2024
All health care professionals must report as required by Neb.
				  Rev. Stat. §§
									38-1,124
				  to
				  38-1,126
				  and this chapter. Reports must be made on a form provided by the Department and
				  contain all the requested information.
003.01
PROFESSIONAL
				LIABILITY.
A health care professional must report the following:
(A) Your professional liability insurance
				coverage has been cancelled, limited, or otherwise modified due to a
				professional liability claim; and
(B) You have been refused professional
				liability insurance coverage on an initial or renewal basis due to a
				professional liability claim.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 5 - MANDATORY REPORTING BY HEALTH CARE PROFESSIONALS. FACILITIES, PEER REVIEW ORGANIZATIONS. PROFESSIONAL ASSOCIATIONS. AND INSURERS › Section 172-5-004 - REPORTING BY HEALTH CARE FACILITIES, PEER REVIEW ORGANIZATIONS, AND PROFESSIONAL ASSOCIATIONS

Current through June 17, 2024
All health care facilities, peer review organizations, and
				  professional associations must report as required by Neb. Rev. Stat.
				  §§
									38-1,127
				  to
				  38-1,128
				  and this chapter. Reports must be made on a form provided by the Department and
				  contain all the requested information.
004.01
NEBRASKA SUPPLEMENTAL
				REPORT.
In addition to National Practitioner Data Bank reports,
				facilities, peer review organizations, and professional associations must
				report to the Department information that is not included on the National
				Practitioner Data Bank reports by using a Nebraska Supplemental Report form
				provided by the Department that contains all the requested
				information.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 5 - MANDATORY REPORTING BY HEALTH CARE PROFESSIONALS. FACILITIES, PEER REVIEW ORGANIZATIONS. PROFESSIONAL ASSOCIATIONS. AND INSURERS › Section 172-5-005 - REPORTING BY INSURERS

Current through June 17, 2024
All insurers must report as required by Neb. Rev. Stat.
				  §§
									38-1,129
				  to
				  38-1,135
				  and this chapter. Reports must be made on a form provided by the Department and
				  contain all the requested information
005.01
NATIONAL PRACTITIONER DATA
				BANK.
Insurers who report practitioners under the requirements of
				the National Practitioner Data Bank authorized by the Health Care Quality
				Improvement Act of 1986, as amended, must submit to the Department:
(A) A copy of the National Practitioner Data
				Bank report; and
(B) A Nebraska
				Supplemental Report on a form provided by the Department that contains all the
				requested information.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 5 - MANDATORY REPORTING BY HEALTH CARE PROFESSIONALS. FACILITIES, PEER REVIEW ORGANIZATIONS. PROFESSIONAL ASSOCIATIONS. AND INSURERS › Section 172-5-006 - AMENDING OR WITHDRAWING A PROPOSAL

Current through June 17, 2024
A proposal may be amended only by the applicant group and
				  only with the approval of a majority of the technical review committee members.
				  A proposal can only be amended prior to the public hearing on the proposal. The
				  applicant group may withdraw the proposal at any time.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 9 - BUSINESS CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-9-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern credentials to operate a business
				  set out in Nebraska Revised Statute (Neb. Rev. Stat.) §
									38-121.
				  Additional requirements are found in the statutes and regulations of the
				  applicable business.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 9 - BUSINESS CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-9-002 - DEFINITIONS

Current through June 17, 2024
The following definitions apply to all regulations governing
				  credentials to operate a business.
002.01
ATTEST OR
				ATTESTATION.
The individual declares that all statements on the
				application are true and complete.
002.02
COMPLETE
				APPLICATION.
An application that contains all of the information
				requested on the application, with attestation to its truth and completeness,
				and submitted with all required fees and documentation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 9 - BUSINESS CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-9-004 - CREDENTIAL NOT TRANSFERABLE

Current through June 17, 2024
A business credential is issued only for the premises named
				  in the application and is not transferable or assignable. A change of owner or
				  location terminates the credential.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 9 - BUSINESS CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-9-005 - DISCIPLINARY ACTION

Current through June 17, 2024
A credential to operate a business may be denied, refused
				  renewal, or have other disciplinary measures taken against the credential for
				  grounds specified in Neb. Rev. Stat. §
									38-182.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 9 - BUSINESS CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-9-006 - VOLUNTARY SURRENDER OR LIMITATION

Current through June 17, 2024
An owner of a credential to operate a business may offer to
				  voluntarily surrender or limit a business credential issued by the department.
				  The offer must be in writing and include:
(A) The full name and address of the
				business;
(B) The business phone
				number and e-mail address;
(C) The
				business credential(s) and credential number(s) that would be surrendered or
				limited;
(D) The desired time frame
				for offered surrender or limitation:
(i)
				Permanently;
(ii) Indefinitely;
				or
(iii) Definite period of time
				(specify);
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 9 - BUSINESS CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-9-007 - REAPPLICATION

Current through June 17, 2024
This section applies to businesses previously credentialed
				  in Nebraska who seek the authority to return to operation in Nebraska with a
				  valid Nebraska credential.
(A) A
				business whose credential has expired, voluntarily surrendered for an
				indefinite period of time, or suspended or limited for disciplinary reasons may
				apply at any time to the Department for and obtain another credential as
				specified in 172 NAC 9, Section 003.
(B) A business whose credential has been
				voluntarily surrendered for a definite period may apply to obtain another
				credential after that period of time has elapsed as specified in 172 NAC 9,
				Section 003.
(C) A business whose
				credential has been revoked may apply for another credential as specified in
				172 NAC 9, Section 003, only after a period of 2 years has elapsed from the
				date of revocation.
(D) A business
				whose credential has been permanently voluntarily surrendered may not apply for
				another credential.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 9 - BUSINESS CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-9-008 - CLOSING A BUSINESS

Current through June 17, 2024
When an owner anticipates closing a business, the owner must
				  notify the Department of the closing date.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 9 - BUSINESS CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-9-009 - NON-ENGLISH DOCUMENTS

Current through June 17, 2024
Any documents written in a language other than English must
				  be accompanied by a complete translation into the English language. The
				  translation must be an original document and contain the notarized or
				  equivalent signature of the translator. An individual may not translate his or
				  her own documents.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 9 - BUSINESS CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-9-010 - WITHDRAWN APPLICATIONS

Current through June 17, 2024
An applicant for an initial business credential or a renewal
				  of a business credential may request to withdraw the application. The request
				  will be granted when:
(A) The
				application is incomplete; or
(B)
				The request is received within 5 business days after the receipt of a completed
				application.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 10 - CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-10-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern credentials issued to individuals
				  set out in Nebraska Revised Statute (Neb. Rev. Stat.) §
									38-121.
				  Additional requirements are found in the statutes and regulations of the
				  applicable profession or occupation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 10 - CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-10-002 - DEFINITIONS

Current through June 17, 2024
The following definitions apply to all regulations governing
				  professional credentials.
002.01
				ATTEST OR ATTESTATION. The individual declares that all statements on the
				application are true and complete.
002.02 COMPLETE APPLICATION. An application
				that contains all of the information requested on the application, with
				attestation to its truth and completeness, and submitted with all required fees
				and documentation.
002.03 ANOTHER
				JURISDICTION. Any jurisdiction other than the State of Nebraska.
002.04 MILITARY SERVICE. Full-time duty in
				the active military service of the United States, a National Guard call to
				active service for more than 30 consecutive days, or active service as a
				commissioned officer of the Public Health Service or the National Oceanic and
				Atmospheric Administration. Military service may also include any period during
				which a servicemember is absent from duty on account of sickness, wounds,
				leave, or other lawful cause. (From the Servicemembers Civil Relief Act, 50
				U.S.C. App. 501 et seq., as it existed in 2016.)
002.05 OFFICIAL TRANSCRIPT. A transcript
				issued by an educational institution.
002.06 SERVED IN THE REGULAR ARMED FORCES.
				This term has the same meaning as "military service" in these
				regulations.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 10 - CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-10-004 - RENEWAL

Current through June 17, 2024
To renew a credential, a credential holder must, prior to the
				  expiration date, submit a complete application for renewal, and demonstrate
				  compliance with continuing competency requirements set out in Neb. Rev. Stats.
				  §§
									38-145
				  and §
									38-146
004.01 RENEWAL INFORMATION. The
				credential holder must provide:
(A) Legal
				name and any other names by which the credential holder is known;
(B) Complete mailing address;
(C) Social security number (SSN) or Alien
				Registration Number (A#). Some applicants may have both a social security
				number (SSN) and an Alien Registration Number (A#) and if so, the credential
				holder must report both; and
(D)
				Telephone number and e-mail address.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 10 - CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-10-005 - DISCIPLINARY ACTION AND UNPROFESSIONAL CONDUCT

Current through June 17, 2024
A credential holder may be denied, refused renewal, or have
				  other disciplinary measures taken against the credential for grounds specified
				  in Neb. Rev. Stat. §
									38-178,
				  including for unprofessional conduct as set out in Neb. Rev. Stat. §
									38-179.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 10 - CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-10-006 - VOLUNTARY SURRENDER OR LIMITATION

Current through June 17, 2024
A credential holder may offer to voluntarily surrender or
				  limit a credential issued by the department. The offer must be in writing and
				  include:
(A) The credential holder's
				legal name and any other names by which the credential holder is
				known;
(B) The credential holder's
				complete mailing address;
(C) The
				credential holder's telephone number and e-mail address;
(D) The credential(s) and credential
				number(s) that would be surrendered or limited;
(E) The desired time frame for offered
				surrender or limitation:
(i)
				Permanently;
(ii) Indefinitely;
				or
(iii) Definite period of time
				(specify);
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 10 - CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-10-007 - REINSTATEMENT

Current through June 17, 2024
This section applies to an individual previously credentialed
				  in Nebraska who wishes to return to practice in Nebraska.
007.01 ELIGIBILITY. An individual may apply
				for reinstatement as follows:
(A) An
				individual whose credential has expired, been placed on inactive status,
				voluntarily surrendered for an indefinite period of time, or suspended or
				limited for disciplinary reasons, may apply for reinstatement at any
				time.
(B) An individual whose
				credential has been voluntarily surrendered for a definite period of time may
				apply for reinstatement after that period of time has elapsed.
(C) An individual whose credential has been
				revoked may apply for reinstatement only after a period of two years has
				elapsed from the date of revocation.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 10 - CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-10-008 - NON-ENGLISH DOCUMENTS

Current through June 17, 2024
Any documents written in a language other than English must
				  include a complete translation into the English language. The translation must
				  be an original document and contain the notarized or equivalent signature of
				  the translator. An individual may not translate his or her own
				  documents.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 10 - CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-10-009 - WITHDRAWN APPLICATIONS

Current through June 17, 2024
An applicant for an initial credential, a renewal of a
				  credential, or a reinstatement of a credential may request to withdraw the
				  application. A request to withdraw will be granted when:
(A) The application is incomplete;
				or
(B) The request for withdrawal
				is received within five business days after the receipt of a completed
				application.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 10 - CREDENTIALS ISSUED UNDER THE UNIFORM CREDENTIALING ACT › Section 172-10-010 - FEES

Current through June 17, 2024
Fees referred to in these regulations are set out in 172 NAC
				  2, unless otherwise specified by rules and regulations under the applicable
				  profession. Fees are non-refundable.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 172 - PROFESSIONAL AND OCCUPATIONAL LICENSURE › Chapter 11 - LICENSURE OF EMERGENCY CARE PROVIDERS › Section 172-11-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
These regulations govern the licensure of emergency care
				  providers under the Emergency Medical Services Practice Act Nebraska Revised
				  Statute (Neb. Rev. Stat.) §
									38-3801 to §
									38-3837 and the Uniform
				  Credentialing Act Neb. Rev. Stat. §
									38-101 to §
									38-1,146.