Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-1088 Salon license; revoked or expired; effect.
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The license of a salon that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such salon may reopen for business.
Neb. Rev. Stat. § 38-1089 Salon license; change of ownership or location; effect.
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Each salon license issued shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or location. An original application for licensure shall be submitted and approved before such salon may reopen for b…
Neb. Rev. Stat. § 38-109 Business, defined.
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Business means a person engaged in providing services listed in subsection (3) of section 38-121.
Neb. Rev. Stat. § 38-1090 Salon owner; liability.
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The owner of each salon shall have full responsibility for ensuring that the salon is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the salon.
Repealed. Laws 2018, LB731, § 106.
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[Repealed or reserved.]
Repealed. Laws 2018, LB731, § 106.
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[Repealed or reserved.]
Repealed. Laws 2018, LB731, § 106.
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[Repealed or reserved.]
Repealed. Laws 2018, LB731, § 106.
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[Repealed or reserved.]
Repealed. Laws 2018, LB731, § 106.
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[Repealed or reserved.]
Repealed. Laws 2018, LB731, § 106.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-1097 School of cosmetology; license; requirements.
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In order to be licensed as a school of cosmetology 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 h…
Neb. Rev. Stat. § 38-1098 School of cosmetology license; school of esthetics license; application.
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Any person seeking a license to operate a school of cosmetology or school of esthetics shall submit a completed application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, …
Neb. Rev. Stat. § 38-1099 School of cosmetology license; school of esthetics license; application; additional information.
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Along with the application the applicant for a license to operate a school of cosmetology or school of esthetics shall submit: (1) A detailed floor plan or blueprint of the proposed school building sufficient to show compliance with the relevant rules and regulations; (2) Evidenc…
Neb. Rev. Stat. § 38-110 Certificate, defined.
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Certificate means an authorization issued by the department that gives a person the right to use a protected title that only a person who has met specific requirements may use.
Neb. Rev. Stat. § 38-1101 Act, how cited.
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Sections 38-1101 to 38-1153 shall be known and may be cited as the Dentistry Practice Act.
Neb. Rev. Stat. § 38-1102 Definitions, where found.
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For purposes of the Dentistry Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1102.01 to 38-1113 apply.
Neb. Rev. Stat. § 38-1102.01 Accredited dental assisting program, defined.
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Accredited dental assisting program means a program that is accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body, that is within a school or college appr…
Neb. Rev. Stat. § 38-1103 Accredited dental hygiene program, defined.
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Accredited dental hygiene program means a program that is accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body, that is within a school or college approv…
Neb. Rev. Stat. § 38-1104 Accredited school or college of dentistry, defined.
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Accredited school or college of dentistry means a school or college approved by the board and accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body.
Neb. Rev. Stat. § 38-1105 Analgesia, defined.
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Analgesia means the diminution or elimination of pain in the conscious patient.
Neb. Rev. Stat. § 38-1106 Board, defined.
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Board means the Board of Dentistry.
Neb. Rev. Stat. § 38-1106.01 Deep sedation, defined.
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Deep sedation means a drug-induced depression of consciousness during which (1) a patient cannot be easily aroused but responds purposefully following repeated or painful stimulation, (2) the ability to independently maintain ventilatory function may be impaired, (3) a patient ma…
Neb. Rev. Stat. § 38-1107 Dental assistant, defined.
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Dental assistant means a person who does not hold a license under the Dentistry Practice Act and who is employed for the purpose of assisting a licensed dentist in the performance of his or her clinical and clinical-related duties as described in section 38-1135.
Neb. Rev. Stat. § 38-1107.01 Expanded function dental assistant, defined.
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Expanded function dental assistant means a licensed dental assistant who has met the requirements to practice as an expanded function dental assistant pursuant to section 38-1118.03.
Neb. Rev. Stat. § 38-1107.02 Expanded function dental hygienist, defined.
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Expanded function dental hygienist means a licensed dental hygienist who has met the requirements to practice as an expanded function dental hygienist pursuant to section 38-1118.01.
Neb. Rev. Stat. § 38-1108 General anesthesia, defined.
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General anesthesia means a drug-induced loss of consciousness during which (1) a patient is not arousable, even by painful stimulation, (2) the ability to independently maintain ventilatory function is often impaired, (3) a patient often requires assistance in maintaining a paten…
Neb. Rev. Stat. § 38-1109 General supervision, defined.
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General supervision means the directing of the authorized activities of a dental hygienist or dental assistant by a licensed dentist and shall not be construed to require the physical presence of the supervisor when directing such activities.
Neb. Rev. Stat. § 38-111 Consumer, defined.
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Consumer means a person receiving health or health-related services or environmental services and includes a patient, client, resident, customer, or person with a similar designation.
Neb. Rev. Stat. § 38-1110 Indirect supervision, defined.
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Indirect supervision means supervision when the licensed dentist authorizes the procedure to be performed by a dental hygienist or dental assistant and the licensed dentist is physically present on the premises when such procedure is being performed by the dental hygienist pursua…
Neb. Rev. Stat. § 38-1111 Inhalation analgesia, defined.
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Inhalation analgesia means the administration of nitrous oxide and oxygen to diminish or eliminate pain in a conscious patient.
Neb. Rev. Stat. § 38-1111.01 Licensed dental assistant, defined.
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Licensed dental assistant means a dental assistant who holds a license to practice as a dental assistant under the Dentistry Practice Act.
Neb. Rev. Stat. § 38-1111.02 Licensed dental hygienist, defined.
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Licensed dental hygienist means a person who holds a license to practice dental hygiene under the Dentistry Practice Act.
Neb. Rev. Stat. § 38-1112 Minimal sedation, defined.
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Minimal sedation means a drug-induced depression of consciousness during which (1) a patient retains the ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command, (2) cognitive function and coordination may be mod…
Neb. Rev. Stat. § 38-1113 Moderate sedation, defined.
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Moderate sedation means a drug-induced depression of consciousness during which (1) a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation, (2) no intervention is required to maintain a patent airway and spontaneous ventilatio…
Neb. Rev. Stat. § 38-1114 Board; membership.
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The board shall have ten members. The members shall consist of two public members; six licensed dentists, including one official or member of the instructional staff from each accredited school or college of dentistry in this state; and two licensed dental hygienists.
Neb. Rev. Stat. § 38-1115 Dentistry practice, defined.
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Any person shall be deemed to be practicing dentistry who: (1) Performs, or attempts or professes to perform, any dental operation or oral surgery or dental service of any kind, gratuitously or for a salary, fee, money, or other remuneration paid, or to be paid directly or indire…
Neb. Rev. Stat. § 38-1116 Dentistry practice; exceptions.
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The Dentistry Practice Act shall not require licensure as a dentist under the act for: (1) The practice of his or her profession by a physician or surgeon licensed as such under the laws of this state unless he or she practices dentistry as a specialty; (2) The giving by a qualif…
Neb. Rev. Stat. § 38-1117 Dentistry; license; examination; requirements.
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(1) Every applicant for a license to practice dentistry shall (a) present proof of graduation with a Doctor of Dental Surgery degree or a Doctor of Dental Medicine degree from an accredited school or college of dentistry, (b) pass an examination approved by the Board of Dentistry…
Neb. Rev. Stat. § 38-1118 Dental hygienists; application for license; examination; qualifications; license.
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(1) Every applicant for a license to practice dental hygiene shall (a) present proof of graduation from an accredited dental hygiene program, (b) pass an examination approved by the Board of Dentistry which shall consist of the National Board Dental Hygiene Examination as constru…
Neb. Rev. Stat. § 38-1118.01 Expanded function dental hygiene; application for permit; qualifications.
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(1) Every applicant for a permit to practice expanded function dental hygiene shall (a) present proof of current, valid licensure under the Dentistry Practice Act as a licensed dental hygienist at the time of application, (b) present proof of at least one thousand five hundred ho…
Neb. Rev. Stat. § 38-1118.02 Licensed dental assistant; application for license; qualifications.
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(1) Every applicant for a license to practice as a licensed dental assistant shall (a) have a high school diploma or its equivalent, (b) present proof of (i) graduation from an accredited dental assisting program or (ii) a minimum of one thousand five hundred hours of experience …
Neb. Rev. Stat. § 38-1118.03 Expanded function dental assistant; application for permit; qualifications.
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(1) Every applicant for a permit to practice as an expanded function dental assistant shall (a) present proof of current, valid licensure under the Dentistry Practice Act as a licensed dental assistant at the time of application, (b) present proof of at least one thousand five hu…
Neb. Rev. Stat. § 38-1119 Reexamination; requirements.
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Any person who applies for a license to practice dentistry, dental hygiene, or dental assisting and who has failed on two occasions to pass any part of the practical examination shall be required to complete a course in clinical dentistry, dental hygiene, or dental assisting appr…
Neb. Rev. Stat. § 38-112 Course of study, defined.
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Course of study means a program of instruction necessary to obtain a credential meeting the requirements set out for each profession in the appropriate practice act and rules and regulations and includes a college, a professional school, a vocational school, hours of training, or…
Neb. Rev. Stat. § 38-1120 Dentist; reciprocity; requirements.
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Every applicant for a license to practice dentistry based on a license in another state or territory of the United States or the District of Columbia shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice of denti…
Neb. Rev. Stat. § 38-1121 Dental hygienist; licensed dental assistant; reciprocity; requirements; military license; temporary license.
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(1) Every applicant for a license to practice dental hygiene based on a license in another state or territory of the United States or the District of Columbia shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice…
Neb. Rev. Stat. § 38-1122 Dental locum tenens; issuance; requirements; term.
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When circumstances indicate a need for the issuance of a dental locum tenens in the State of Nebraska, the department, with the recommendation of the board, may issue a dental locum tenens to an individual who holds an active license to practice dentistry in another state if the …
Neb. Rev. Stat. § 38-1123 Dentist; resident license; requirements; term; renewal.
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(1) The department, with the recommendation of the board, shall issue a resident license to any person who (a)(i) presents proof of graduation with a doctorate degree in dental surgery or dental medicine from an accredited school or college of dentistry, (ii) is enrolled in an ac…
Neb. Rev. Stat. § 38-1124 Faculty license; practice; limitations; requirements; renewal; continuing competency.
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(1) The department, with the recommendation of the board, shall issue a faculty license to any person who meets the requirements of subsection (3) or (4) of this section. A faculty licensee may practice dentistry as a faculty member at an accredited school or college of dentistry…
Neb. Rev. Stat. § 38-1125 Practitioner's facility; requirements; inspections; rules and regulations.
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(1) For purposes of this section, practitioner's facility means a facility in which a licensed dentist practices his or her profession, other than a facility licensed pursuant to the Health Care Facility Licensure Act. (2) The department shall adopt and promulgate rules and regul…