Chapter 38, HEALTH OCCUPATIONS AND PROFESSIONS
1,388 sections in this chapter.
Neb. Rev. Stat. § 38-1,100 Credential; disciplinary action; revocation; effect.
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If revocation is imposed pursuant to section 38-196, the credential holder shall not engage in the practice of the profession after a credential to practice such profession is revoked. Such revocation shall be for all times, except that at any time after the expiration of two yea…
Neb. Rev. Stat. § 38-1,101 Contested cases; chief medical officer; duties.
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If a chief medical officer is appointed pursuant to section 81-3115, he or she shall perform the duties of the director for decisions in contested cases under the Uniform Credentialing Act other than contested cases under sections 38-1,119 to 38-1,123.
Neb. Rev. Stat. § 38-1,102 Appeal; procedure.
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Both parties to disciplinary proceedings under the Uniform Credentialing Act shall have the right of appeal, and the appeal shall be in accordance with the Administrative Procedure Act. The case shall be heard at a time fixed by the district court. It shall be advanced and take p…
Neb. Rev. Stat. § 38-1,103 Consultant to department from board; authorized.
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A board may designate one of its professional members to serve as a consultant to the department in reviewing complaints and on issues of professional practice that may arise during the course of an investigation. Such consultation shall not be required for the department to eval…
Neb. Rev. Stat. § 38-1,104 Complaint; decision not to investigate; notice; review; notice to credential holder; when.
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(1) If the department determines that a complaint will not be investigated, the department shall notify the complainant of such determination. At the request of the complainant, the appropriate board may review the complaint and provide its recommendation to the department on whe…
Neb. Rev. Stat. § 38-1,105 Investigations; department; progress reports to appropriate board; board review; board; powers and duties; review by Attorney General; meetings in closed session.
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(1) The department shall advise the appropriate board on the progress of investigations. If requested by the complainant, the identity of the complainant shall not be released to the board. (2) When the department determines that an investigation is complete, the department shall…
Neb. Rev. Stat. § 38-1,106 Reports, complaints, and records not public records; limitations on use; prohibited disclosure; penalty; application material; how treated; confidentiality.
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(1) Reports under sections 38-1,129 to 38-1,136, complaints, and investigational records of the department shall not be public records, shall not be subject to subpoena or discovery, and shall be inadmissible in evidence in any legal proceeding of any kind or character except a c…
Neb. Rev. Stat. § 38-1,107 Violations; department; Attorney General; powers and duties; applicability of section.
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(1) Except as provided in subsection (2) of this section, the department shall provide the Attorney General with a copy of all complaints it receives and advise the Attorney General of investigations it makes which may involve any possible violation of statutes or rules and regul…
Neb. Rev. Stat. § 38-1,108 Referral to board; assurance of compliance; recommendation.
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Upon referral of a matter under section 38-1,107 by the Attorney General, the board may: (1) Advise the Attorney General on the content of an agreement to serve as the basis of an assurance of compliance. The Attorney General may contact the credential holder to reach, by volunta…
Neb. Rev. Stat. § 38-1,109 Credential holder; voluntarily surrender or limit credential; department; powers; written order of director; violation of terms and conditions; effect.
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(1) A credential holder may submit to the department an offer to voluntarily surrender or limit any credential issued by the department pursuant to the Uniform Credentialing Act. Any such offer may be made to surrender or limit the credential permanently, for an indefinite period…
Neb. Rev. Stat. § 38-1,110 Complaint alleging dependence or disability; director; investigation; report; review by board; finding; effect.
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(1) When the department has received a complaint or report by any person or any report has been made to the director by the Licensee Assistance Program under section 38-175 alleging that an applicant for a credential or a person credentialed to practice any profession is sufferin…
Neb. Rev. Stat. § 38-1,111 Credential; disciplinary action because of physical or mental disability; duration; when issued, returned, or reinstated; manner.
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(1) The denial, refusal of renewal, limitation, or suspension of a credential as provided in section 38-1,110 shall continue in effect until reversed on appeal pursuant to section 38-1,113 or until the cause of such denial, refusal of renewal, limitation, or suspension no longer …
Neb. Rev. Stat. § 38-1,112 Refusal to submit to physical or mental examination or chemical dependency evaluation; effect.
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Refusal of an applicant or credential holder to submit to a physical or mental examination or chemical dependency evaluation requested by the appropriate board or the department pursuant to section 38-1,110 or 38-1,111 to determine his or her qualifications to practice or to cont…
Neb. Rev. Stat. § 38-1,113 Disciplinary action involving dependence or disability; appeal.
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Any applicant or credential holder shall have the right to request a hearing on an order denying, refusing renewal of, limiting, suspending, or revoking a credential to practice a profession because of abuse of, dependence on, or active addiction to alcohol, any controlled substa…
Neb. Rev. Stat. § 38-1,114 Practicing profession or business without credential; injunction.
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Any person engaging in the practice of any profession or business without the appropriate credential may be restrained by temporary and permanent injunctions.
Neb. Rev. Stat. § 38-1,115 Prima facie evidence of practice without being credentialed; conditions.
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It shall be prima facie evidence of practice without being credentialed when any of the following conditions exist: (1) The person admits to engaging in practice; (2) Staffing records or other reports from the employer of the person indicate that the person was engaged in practic…
Neb. Rev. Stat. § 38-1,116 Practicing without credential; operating business without credential; administrative penalty; procedure; disposition; attorney's fees and costs.
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(1) The department may assess an administrative penalty of ten dollars per day for each day that evidence exists of practice prior to issuance, renewal after expiration, or reinstatement of a credential to practice a profession or operate a business. The total penalty shall not e…
Neb. Rev. Stat. § 38-1,117 False impersonation; fraud; aiding and abetting; use of false documents; penalty.
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Any person who (1) presents to the department a document which is false or of which he or she is not the rightful owner for the purpose of procuring a credential, (2) falsely impersonates anyone to whom a credential has been issued by the department, (3) falsely holds himself or …
Neb. Rev. Stat. § 38-1,118 General violations; penalty; second offenses; penalty.
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Any person violating any of the provisions of the Uniform Credentialing Act, except as specific penalties are otherwise imposed in the act, shall be guilty of a Class III misdemeanor. Any person for a second violation of any of the provisions of the act, for which another specifi…
Neb. Rev. Stat. § 38-1,119 Certain professions and businesses; sections applicable; initial credential; renewal of credential; denial or refusal to renew; department; powers.
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(1) Sections 38-1,119 to 38-1,123 apply to the following professions and businesses: Asbestos abatement, inspection, project design, and training; lead-based paint abatement, inspection, project design, and training; medical radiography; and radon detection, measurement, and miti…
Neb. Rev. Stat. § 38-1,120 Certain professions and businesses; disciplinary actions; grounds; advice of board; notice; hearing; director; decision; review.
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(1) A credential to practice a profession or operate a business subject to section 38-1,119 may be denied, refused renewal, or have disciplinary measures taken against it in accordance with section 38-196 on any of the grounds set out in section 38-178 or 38-182, as applicable. T…
Neb. Rev. Stat. § 38-1,121 Certain professions and businesses; disciplinary actions; confidentiality; immunity.
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A complaint submitted to the department regarding a credential holder subject to section 38-1,119 and the identity of any person making the complaint or providing information leading to the making of the complaint shall be confidential. Such persons shall be immune from criminal …
Neb. Rev. Stat. § 38-1,122 Certain professions and businesses; disciplinary actions; emergency; department; powers; hearing; director; decision; review.
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(1) If the department determines that an emergency exists requiring immediate action against a credential subject to section 38-1,119, the department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring such action be taken as the …
Neb. Rev. Stat. § 38-1,123 Certain professions and businesses; disciplinary actions; costs; how paid.
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If an order issued after a hearing under section 38-1,120 or 38-1,122 is adverse to the credential holder, the costs shall be charged to him or her as in ordinary civil actions in the district court, but if the department is the unsuccessful party, the department shall pay the co…
Neb. Rev. Stat. § 38-1,124 Enforcement; investigations; violations; credential holder; duty to report; cease and desist order; violation; penalty; loss or theft of controlled substance; duty to report.
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(1) The department shall enforce the Uniform Credentialing Act and for that purpose shall make necessary investigations. Every credential holder and every member of a board shall furnish the department such evidence as he or she may have relative to any alleged violation which is…
Neb. Rev. Stat. § 38-1,125 Credential holder except pharmacist intern and pharmacy technician; incompetent, gross negligent, or unprofessional conduct; impaired or disabled person; duty to report.
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(1) Except as otherwise provided in section 38-2897, every credential holder shall, within thirty days of an occurrence described in this subsection, report to the department in such manner and form as the department may require whenever he or she: (a) Has first-hand knowledge of…
Neb. Rev. Stat. § 38-1,126 Report; confidential; immunity; use of documents.
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(1) A report made to the department under section 38-1,124 or 38-1,125 shall be confidential. The identity of any person making such report or providing information leading to the making of such report shall be confidential. (2) Any person making such a report to the department, …
Neb. Rev. Stat. § 38-1,127 Health care facility, peer review organization, or professional association; violations; duty to report; confidentiality; immunity; civil penalty.
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(1) A health care facility licensed under the Health Care Facility Licensure Act or a peer review organization or professional association of a profession regulated under the Uniform Credentialing Act shall report to the department, on a form and in the manner specified by the de…
Neb. Rev. Stat. § 38-1,128 Peer review committee; health practitioners; immunity from liability; when.
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No member of a peer review committee of a state or local association or society composed of persons credentialed under the Uniform Credentialing Act shall be liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or ot…
Neb. Rev. Stat. § 38-1,129 Insurer; report violation to department; confidentiality.
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Unless such knowledge or information is based on confidential medical records protected by the confidentiality provisions of the federal Public Health Services Act, 42 U.S.C. 290dd-2, and federal administrative rules and regulations, as such act and rules and regulations existed …
Neb. Rev. Stat. § 38-1,130 Insurer; report to department; form; confidentiality.
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Any insurer shall report to the department, on a form and in the manner specified by the department by rule and regulation, any facts known to the insurer, including, but not limited to, the identity of the credential holder and consumer, when the insurer: (1) Has reasonable grou…
Neb. Rev. Stat. § 38-1,131 Insurer; report to department; when.
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A report made under section 38-1,129 or 38-1,130 shall be made within thirty days after the date of the violation, action, event, or request. Nothing in such sections shall be construed to require an insurer to report based on information gained due to the filing of a claim for p…
Neb. Rev. Stat. § 38-1,132 Insurer; alternative reports authorized; supplemental report.
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For purposes of sections 38-1,129 and 38-1,130, the department shall accept reports made to it under the Nebraska Hospital-Medical Liability Act or in accordance with national practitioner data bank requirements of the federal Health Care Quality Improvement Act of 1986, as such …
Neb. Rev. Stat. § 38-1,133 Insurer; failure to make report or provide information; penalty.
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Any insurer who fails or neglects to make a report to or provide such information as requested by the department pursuant to section 38-1,129 or 38-1,130 within thirty days after the violation, action, event, or request is guilty of a Class III misdemeanor. Any insurer who violat…
Neb. Rev. Stat. § 38-1,134 Insurer; reports; disclosure restricted; confidentiality.
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To the extent that reports made under section 38-1,129 or 38-1,130 contain or relate to privileged communications between consumer and credential holder, such reports shall be treated by the department as privileged communications and shall be considered to be part of the investi…
Neb. Rev. Stat. § 38-1,135 Insurer; immunity from liability.
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Any insurer or employee of an insurer making a report as required by section 38-1,129 or 38-1,130 shall be immune from criminal penalty of any kind or from civil liability or other penalty for slander, libel, defamation, breach of the privilege between consumer and physician or b…
Neb. Rev. Stat. § 38-1,136 Violation of credential holder-consumer privilege; sections, how construed.
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Nothing contained in sections 38-1,129 to 38-1,136 shall be construed so as to require any credential holder to violate a privilege between a credential holder and a consumer.
Neb. Rev. Stat. § 38-1,137 Clerk of county or district court; report convictions and judgments of credentialed person; Attorney General or prosecutor; duty.
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The clerk of any county or district court in this state shall report to the department the conviction of any person credentialed by the department under the Uniform Credentialing Act of any felony or of any misdemeanor involving the use, sale, distribution, administration, or dis…
Neb. Rev. Stat. § 38-1,138 Complaint; investigation; confidentiality; immunity; department; powers and duties.
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(1) Any person may make a complaint and request investigation of an alleged violation of the Uniform Credentialing Act or rules and regulations issued under such act. A complaint submitted to the department shall be confidential, and a person making a complaint shall be immune fr…
Neb. Rev. Stat. § 38-1,139 Violations; prosecution; duty of Attorney General and county attorney.
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Upon the request of the department, the Attorney General shall institute in the name of the state the proper civil or criminal proceedings against any person regarding whom a complaint has been made, charging him or her with violation of any of the provisions of the Uniform Crede…
Neb. Rev. Stat. § 38-1,140 Consultation with licensed veterinarian; conduct authorized.
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Any person who holds a valid credential in the State of Nebraska in a health care profession or occupation regulated under the Uniform Credentialing Act may consult with a licensed veterinarian or perform collaborative animal health care tasks on an animal under the care of such …
Neb. Rev. Stat. § 38-1,141 Military education, training, or service; department; acceptance for credential.
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Beginning December 15, 2015, upon presentation of satisfactory evidence that the education, training, or service completed by an applicant for a credential while a member of the armed forces of the United States, active or reserve, the National Guard of any state, the military re…
Neb. Rev. Stat. § 38-1,142 Report to department; discrimination or retaliation prohibited; action for relief authorized.
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An individual or a business credentialed pursuant to the Uniform Credentialing Act shall not discriminate or retaliate against any person who has initiated or participated in the making of a report under the act to the department. Such person may maintain an action for any type o…
Neb. Rev. Stat. § 38-1,143 Telehealth; provider-patient relationship; prescription authority; applicability of section.
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(1) Except as otherwise provided in subsection (4) of this section, any credential holder under the Uniform Credentialing Act may establish a provider-patient relationship through telehealth. (2) Any credential holder under the Uniform Credentialing Act who is providing a telehea…
Neb. Rev. Stat. § 38-1,144 Schedule II controlled substance or other opiate; practitioner; duties.
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(1) For purposes of this section, practitioner means a physician, a physician assistant, a dentist, a pharmacist, a podiatrist, an optometrist, a certified nurse midwife, a certified registered nurse anesthetist, and a nurse practitioner. (2) When prescribing a controlled substan…
Neb. Rev. Stat. § 38-1,145 Opiates; legislative findings; limitation on certain prescriptions; practitioner; duties.
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(1) For purposes of this section, practitioner means a physician, a physician assistant, a dentist, a pharmacist, a podiatrist, an optometrist, a certified nurse midwife, a certified registered nurse anesthetist, and a nurse practitioner. (2) The Legislature finds that: (a) In mo…
Neb. Rev. Stat. § 38-1,146 Prescription; issuance; requirements; applicability.
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(1) For purposes of this section, prescriber means a health care practitioner authorized to prescribe controlled substances in the practice for which credentialed under the Uniform Credentialing Act. (2) Except as otherwise provided in subsection (3) or (6) of this section, no pr…
Neb. Rev. Stat. § 38-1,147 Stem-cell-based therapy; informed written consent; required.
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(1) For purposes of this section: (a) Health care practitioner means a person licensed or certified under the Uniform Credentialing Act; (b) Human stem cells means human cells, tissues, or cellular or tissue-based products, as defined in 21 C.F.R. 1271.3 as amended August 31, 201…
Neb. Rev. Stat. § 38-1,148 Physician wellness program; participation; record; confidential; exception; disclosure not required, when.
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(1) For purposes of this section: (a) Physician peer coach means any health care provider licensed to practice medicine or surgery who provides coaching, training, or mentoring through a physician wellness program to another health care provider licensed to practice medicine or s…
Neb. Rev. Stat. § 38-10,100 School of esthetics license; application; additional information.
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In order to be licensed as a school of esthetics by the department, an applicant shall meet and present to the department evidence of meeting the following requirements: (1) The proposed school shall be a fixed permanent structure or part of one; (2) The proposed school shall hav…