NebraskaLB257109th Legislature 1st and 2nd SessionslegislatureWALLET

Change licensure and scope of practice provisions regarding marriage and family therapy and occupational therapy and licensure requirements under the Child Care Licensing Act

Sponsored By: Dan Quick

Signed by Governor

Health and Human Services Committee

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 0 costs, 6 mixed.

Child care staff checks and hiring bans

Child care staff must pass a national criminal history check before hire or living in a family child care home, and at least every five years. You must give fingerprints to the Nebraska State Patrol for an FBI check. Extra checks must search the national sex offender list and state criminal, sex offender, and child abuse records for places lived in the last five years. These checks are portable between providers. The department seeks federal funds for fingerprint costs; if funds are not enough, the staff member or licensee pays. People who refuse checks, lie on forms, are on sex offender registries, or have certain convictions cannot be hired. Confidential background data can only be used to grant a license or approve subsidy participation.

New rules for OT treatment modalities

Occupational therapy now clearly includes services that support physical and mental health and wellness. Therapists can get certified to use physical agent and instrument‑assisted modalities through one of four paths: board‑approved training and exam, hand therapy certification, five years’ experience plus exam, or basic education with proven skills. Dry needling is allowed only after board‑approved education with clinical instruction and a department certificate. Diathermy is banned. The law also clarifies what counts as deep thermal (like ultrasound and phonophoresis), superficial thermal (like hot packs, paraffin, cryotherapy, hydrotherapy), and electrotherapeutic treatments (like NMES, FES, TENS, interferential; ultraviolet is excluded).

Child care insurance and inspections

Child care providers must carry at least $100,000 in liability insurance per incident and keep it active whenever children are in care. Programs with fewer than 30 children get at least one unannounced inspection each year; those with 30 or more get at least two. Inspectors verify your insurance each time. If you cannot show current proof, you have three business days to fix it or your license is suspended. The state or local governments may self‑insure or use a risk pool to meet this rule.

Easier Nebraska licensure for MFTs

If you are a marriage and family therapist with a valid, independent, unrestricted license in another U.S. state or territory, Nebraska issues you a license. You must apply, pay fees, and pass the Nebraska law (jurisprudence) exam. You may also get a Nebraska certificate to present yourself as a certified marriage and family therapist under these same conditions.

OT assistants’ duties and supervision rules

An occupational therapy assistant is a licensed helper who works under a licensed occupational therapist. An aide is unlicensed and may only do supportive tasks, not provide occupational therapy services. After board‑approved training and an exam, an assistant may set up and run superficial, deep thermal, electrotherapeutic, and mechanical treatments, but only with onsite supervision by a certified therapist. Assistants cannot do evaluations, re‑evaluations, treatment planning, or set treatment goals for these treatments.

OT licenses: exam and temporary practice

You must pass a board‑approved written exam to get an occupational therapist or assistant license. If you finished the required education and experience and applied to take the exam, you may get a temporary license to practice with a licensed therapist. The temporary license ends when you get a permanent license, are denied, after 180 days, or if you fail the exam. The department may extend it with the board’s recommendation, but not beyond one year from issuance.

Old licensing statutes repealed and replaced

The law repeals older listed sections and replaces them with the new occupational therapy, marriage and family therapy, and child care licensing rules in this act. This cleans up the statutes and does not create new payments.

Sponsors & Cosponsors

Sponsor

  • Dan Quick

    legislature

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 321 • No: 15

legislature vote 4/24/2026

Vote

Yes: 42 • No: 0 • Other: 7

legislature vote 4/24/2026

Vote

Yes: 31 • No: 6 • Other: 12

legislature vote 4/24/2026

Vote

Yes: 43 • No: 0 • Other: 6

legislature vote 5/14/2025

Final Reading

Yes: 46 • No: 3

legislature vote 4/23/2025

Vote

Yes: 31 • No: 6 • Other: 12

legislature vote 3/31/2025

Vote

Yes: 42 • No: 0 • Other: 7

legislature vote 3/31/2025

Vote

Yes: 43 • No: 0 • Other: 6

legislature vote 3/31/2025

Vote

Yes: 43 • No: 0 • Other: 6

Actions Timeline

  1. Provisions/portions of LB274 amended into LB257 by AM947

    6/6/2025legislature
  2. Provisions/portions of LB630 amended into LB257 by AM866

    6/6/2025legislature
  3. Approved by Governor on May 20, 2025

    5/21/2025legislature
  4. Dispensing of reading at large approved

    5/14/2025legislature
  5. Passed on Final Reading 46-3-0

    5/14/2025legislature
  6. President/Speaker signed

    5/14/2025legislature
  7. Presented to Governor on May 14, 2025

    5/14/2025legislature
  8. Placed on Final Reading with ST24

    4/29/2025legislature
  9. Enrollment and Review ST24 filed

    4/29/2025legislature
  10. Enrollment and Review ST24 recorded

    4/29/2025legislature
  11. Enrollment and Review ER37 adopted

    4/23/2025legislature
  12. Hunt AM947 adopted

    4/23/2025legislature
  13. Advanced to Enrollment and Review for Engrossment

    4/23/2025legislature
  14. Hunt AM947 to ER37 filed

    4/14/2025legislature
  15. Placed on Select File with ER37

    4/8/2025legislature
  16. Enrollment and Review ER37 filed

    4/8/2025legislature
  17. Quick AM850 filed

    3/31/2025legislature
  18. Quick AM850 adopted

    3/31/2025legislature
  19. Hansen AM866 filed

    3/31/2025legislature
  20. Hansen AM866 adopted

    3/31/2025legislature
  21. Advanced to Enrollment and Review Initial

    3/31/2025legislature
  22. Placed on General File

    3/18/2025legislature
  23. Quick priority bill

    3/12/2025legislature
  24. Notice of hearing for February 07, 2025

    1/24/2025legislature
  25. Referred to Health and Human Services Committee

    1/16/2025legislature

Bill Text

  • Introduced

    6/6/2025

  • Enrolled / Slip Law

  • Final / Enacted

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