Chapter 38, HEALTH OCCUPATIONS AND PROFESSIONS

1,388 sections in this chapter.

1,388 sectionsFiltered byCh 38

Neb. Rev. Stat. § 38-10,144 Nail technology salon license; revoked or expired; effect.
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A nail technology salon license that has been revoked or expired for any reason shall not be reinstated.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. § 38-10,145 Nail technology salon license; change of ownership or location; effect.
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Each nail technology salon license issued shall be in effect solely for the owner or owners and premises named on the license and shall expire automatically upon any change of ownership or location. An original application for licensure shall be submitted and approved before such…
Neb. Rev. Stat. § 38-10,146 Nail technology salon owner; responsibilities.
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The owner of each nail technology 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.
Neb. Rev. Stat. § 38-10,147 Nail technology school; license; requirements.
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In order to be licensed as a nail technology school 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 sha…
Neb. Rev. Stat. § 38-10,148 School of cosmetology; exempt.
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A licensed school of cosmetology is not required to be licensed as a nail technology school in order to provide a nail technology program.
Neb. Rev. Stat. § 38-10,149 Nail technology school; license; application.
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Any person seeking a license to operate a nail technology school 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, the application shall …
Neb. Rev. Stat. § 38-10,150 Nail technology school; license; application; requirements.
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Along with the application, an applicant for a license to operate a nail technology school 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) Evidence of minimal property …
Neb. Rev. Stat. § 38-10,151 Nail technology school; application; review; inspection.
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Each application for a license to operate a nail technology school shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. If an application is denied, the applicant shall be …
Neb. Rev. Stat. § 38-10,152 Nail technology school; operating requirements.
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In order to maintain its license in good standing, each nail technology school shall operate in accordance with the following requirements: (1) The school shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Bod…
Neb. Rev. Stat. § 38-10,153 Nail technology school; students; requirements.
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In order to maintain its license in good standing, each nail technology school shall operate in accordance with the following requirements: (1) Every person accepted for enrollment as a standard student shall meet the following qualifications: (a) He or she has attained the age o…
Neb. Rev. Stat. § 38-10,154 Nail technology school; transfer of students.
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Nail technology students or nail technology student instructors may transfer from one nail technology school to another school at any time. The school to which the student is transferring shall be entitled to receive from the student's previous school, upon request, any and all r…
Neb. Rev. Stat. § 38-10,156 Nail technology school; student instructor limit.
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No nail technology school shall at any time enroll more than two nail technology student instructors for each full-time nail technology instructor or cosmetology instructor actively working in and employed by the school.
Neb. Rev. Stat. § 38-10,157 Nail technology school license; renewal; inactive status.
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The procedure for renewing a school license shall be in accordance with section 38-143, except that in addition to all other requirements, the nail technology school shall receive a satisfactory rating on an accreditation inspection conducted by the department within the six mont…
Neb. Rev. Stat. § 38-10,158 Nail technology school; change of ownership or location; effect.
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Each nail technology school 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 change in the county of location. An original application for licensure shall be submitted and ap…
Neb. Rev. Stat. § 38-10,158.01 Mobile nail technology salon; license; requirements.
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In order to be licensed as a mobile nail technology salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements: (1) The proposed salon is a self-contained, self-supporting, enclosed mobile unit; (2)(a)(i) The mo…
Neb. Rev. Stat. § 38-10,158.02 Mobile nail technology salon license; application.
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Any person seeking a license to operate a mobile nail technology salon shall submit a completed application to the department, and along with the application, the applicant shall submit a detailed floor plan or blueprint of the proposed salon sufficient to demonstrate compliance …
Neb. Rev. Stat. § 38-10,158.03 Mobile nail technology salon; application; review; denial; inspection.
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Each application for a license to operate a mobile nail technology salon shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. If an application is denied, the applicant sha…
Neb. Rev. Stat. § 38-10,158.04 Mobile nail technology salon; operating requirements.
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In order to maintain its license in good standing, each mobile nail technology salon shall operate in accordance with the following requirements: (1) The salon shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, an…
Neb. Rev. Stat. § 38-10,158.05 Mobile nail technology salon license; renewal.
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The procedure for renewing a mobile nail technology salon license shall be in accordance with section 38-143, except that in addition to all other requirements, the salon shall submit evidence of minimal property damage, bodily injury, and liability insurance coverage for the sal…
Neb. Rev. Stat. § 38-10,158.06 Mobile nail technology salon license; revocation or expiration; effect.
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The license of a mobile nail technology 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. § 38-10,158.07 Mobile nail technology salon license; change of ownership or mobile unit; effect.
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Each mobile nail technology salon license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and approved b…
Neb. Rev. Stat. § 38-10,158.08 Mobile nail technology salon; owner liability.
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The owner of each mobile nail technology 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.
Neb. Rev. Stat. § 38-10,159 Nail technology home services permit.
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A licensed nail technology salon may employ licensed nail technicians to perform nail technology home services by meeting the following requirements: (1) In order to be issued a nail technology home services permit by the department, an applicant shall hold a current active cosme…
Neb. Rev. Stat. § 38-10,160 Nail technology home services permit; salon operating requirements.
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In order to maintain in good standing or renew its nail technology home services permit, a nail technology salon shall at all times operate in accordance with all requirements for operation, maintain its license in good standing, and comply with the following requirements: (1)(a)…
Neb. Rev. Stat. § 38-10,161 Nail technology home services; inspections.
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Agents of the department may make operation inspections in the homes of clients if such inspections are limited to the activities, procedures, and materials of the licensee providing nail technology home services.
Neb. Rev. Stat. § 38-10,162 Nail technology home services; performed by licensee.
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No licensee may perform nail technology home services except when employed by or under contract to a nail technology salon holding a valid nail technology home services permit.
Neb. Rev. Stat. § 38-10,163 Nail technology home services permit; renewal.
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Each nail technology home services permit shall be subject to renewal at the same time as the nail technology salon license and shall be renewed upon request of the permitholder if the salon is operating its nail technology home services in compliance with the Cosmetology, Electr…
Neb. Rev. Stat. § 38-10,164 Nail technology home services permit; owner; responsibility.
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The owner of each salon holding a nail technology home services permit shall have full responsibility for ensuring that the nail technology home services are provided in compliance with all applicable laws and rules and regulations and shall be liable for any violations which occ…
Neb. Rev. Stat. § 38-10,165 Body art; consent required; when; violation; penalty.
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No person shall perform body art on or to any person under eighteen years of age without the prior written consent of the parent or court-appointed guardian of such person. The person giving such consent must be present during the procedure. A copy of such consent shall be retain…
Neb. Rev. Stat. § 38-10,166 Body art; act, how construed.
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Nothing in the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall be construed to authorize a person performing body art to engage in the practice of medicine and surgery.
Neb. Rev. Stat. § 38-10,167 Ordinances governing body art; authorized.
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The licensure of persons performing body art or operating a body art facility under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall not be construed to restrict or prohibit a governing body of a county, city, or village from providing fur…
Neb. Rev. Stat. § 38-10,168 Fees.
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The department shall establish and collect fees for credentialing under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-10,169 Department; conduct inspections; types; rules and regulations; manner conducted.
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(1) The department shall conduct inspections as required by the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. Two types of inspections shall be conducted which shall be known as operation inspections and accreditation inspections. An operation i…
Neb. Rev. Stat. § 38-10,170 Inspection; unsatisfactory rating; effect.
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If a cosmetology establishment, a nail technology establishment, or a body art facility receives a rating of unsatisfactory, it shall submit evidence to the department within fifteen days providing proof of corrective action taken. A repeat inspection shall be conducted within si…
Neb. Rev. Stat. § 38-10,171 Unprofessional conduct; acts enumerated.
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Each of the following may be considered an act of unprofessional conduct when committed by a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act: (1) Performing any of the practices regulated under the act for which an individ…
Neb. Rev. Stat. § 38-10,172 Scleral tattooing; prohibited acts; civil penalty.
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(1) For purposes of this section, scleral tattooing means the practice of using needles, scalpels, or other related equipment to produce an indelible mark or figure on the human eye by scarring or inserting a pigment on, in, or under: (a) The fornix conjunctiva; (b) The bulbar co…
Neb. Rev. Stat. § 38-1001 Act, how cited.
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Sections 38-1001 to 38-10,172 shall be known and may be cited as the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act.
Neb. Rev. Stat. § 38-1002 Legislative findings.
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The Legislature finds that: (1) A great number of Nebraska citizens regularly demand and receive cosmetology, nail technology, esthetics, electrology, and body art services; (2) the practices of cosmetology, nail technology, esthetics, electrology, and body art involve the use of…
Neb. Rev. Stat. § 38-1003 Legislative intent.
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The Legislature declares its intent to implement the findings specified in section 38-1002 through the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, to regulate the practices and professions of cosmetology, nail technology, esthetics, electrolog…
Neb. Rev. Stat. § 38-1004 Definitions, where found.
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For purposes of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1005 to 38-1056 apply.
Neb. Rev. Stat. § 38-1005 Apprentice, defined.
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Apprentice means a person engaged in the study of any or all of the practices of cosmetology under the supervision of an instructor in an apprentice salon.
Neb. Rev. Stat. § 38-1006 Apprentice salon, defined.
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Apprentice salon means a cosmetology salon licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the teaching of any or all of the practices of cosmetology to apprentices.
Neb. Rev. Stat. § 38-1007 Board, defined.
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Board means the Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art.
Neb. Rev. Stat. § 38-1008 Body art, defined.
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Body art means body piercing, branding, permanent color technology, and tattooing.
Neb. Rev. Stat. § 38-1009 Body art facility, defined.
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Body art facility means any room or space or any part thereof where body art is performed or where the business of body art is conducted.
Neb. Rev. Stat. § 38-101 Act, how cited.
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Sections 38-101 to 38-1,148 and the following practice acts shall be known and may be cited as the Uniform Credentialing Act: (1) The Advanced Practice Registered Nurse Practice Act; (2) The Alcohol and Drug Counseling Practice Act; (3) The Athletic Training Practice Act; (4) The…
Neb. Rev. Stat. § 38-1010 Body piercing, defined.
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Body piercing means puncturing the skin of a person by aid of needles or other instruments designed or used to puncture the skin for the purpose of inserting removable jewelry or other objects through the human body, except that body piercing does not include puncturing the exter…
Neb. Rev. Stat. § 38-1011 Branding, defined.
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Branding means a permanent mark made on human tissue by burning with a hot iron or other instrument.
Neb. Rev. Stat. § 38-1012 Charitable administration, defined.
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Charitable administration means the performance of any or all of the practices of cosmetology or nail technology without compensation for the benefit of charitable purposes or organizations.
Neb. Rev. Stat. § 38-1015 Cosmetologist, defined.
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Cosmetologist means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform all of the practices of cosmetology.