Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Repealed. Laws 2026, LB905, § 69.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-3101 Act, how cited.
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Sections 38-3101 to 38-3133 shall be known and may be cited as the Psychology Practice Act.
Neb. Rev. Stat. § 38-3102 Definitions, where found.
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For purposes of the Psychology Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3103 to 38-3110 apply.
Neb. Rev. Stat. § 38-3103 Board, defined.
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Board means the Board of Psychology.
Neb. Rev. Stat. § 38-3104 Client or patient, defined.
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Client or patient means a recipient of psychological services within the context of a professional relationship. In the case of individuals with legal guardians, including minors and incompetent adults, the legal guardian shall also be considered a client or patient for decisionm…
Neb. Rev. Stat. § 38-3105 Code of conduct, defined.
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Code of conduct means that set of regulatory rules of professional conduct which has been adopted by the board to protect the public welfare by providing rules that govern a professional's behavior in the professional relationship.
Neb. Rev. Stat. § 38-3106 Institution of higher education, defined.
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Institution of higher education means a university, professional school, or other institution of higher learning that: (1) In the United States, is accredited by an accrediting organization recognized by the United States Department of Education; (2) In Canada, holds a membership…
Neb. Rev. Stat. § 38-3107 Mental and emotional disorder, defined.
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Mental and emotional disorder means a clinically significant behavioral or psychological syndrome or pattern that occurs in a person and is associated with present distress or disability or with significantly increased risk of suffering death, pain, disability, or an important lo…
Neb. Rev. Stat. § 38-3108 Practice of psychology, defined.
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(1) Practice of psychology means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired …
Neb. Rev. Stat. § 38-3109 Psychologist, defined.
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Psychologist means a person licensed to engage in the practice of psychology in this or another jurisdiction. The terms certified, registered, chartered, or any other term chosen by a jurisdiction to authorize the autonomous practice of psychology shall be considered equivalent t…
Neb. Rev. Stat. § 38-311 Scope of practice.
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(1) The scope of practice for alcohol and drug counseling is the application of general counseling theories and treatment methods adapted to specific addiction theory and research for the express purpose of treating any alcohol or drug abuse, dependence, or disorder. The practice…
Neb. Rev. Stat. § 38-3110 Representation as a psychologist, defined.
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Representation as a psychologist means that the person uses any title or description of services which incorporates the words psychology, psychological, or psychologist or which implies that he or she possesses expert qualification in any area of psychology or that the person off…
Neb. Rev. Stat. § 38-3111 Psychology; references; how construed.
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(1) Unless otherwise expressly stated, references to licensed psychologists in the Nebraska Mental Health Commitment Act, in the Psychology Practice Act, in the Sex Offender Commitment Act, and in section 44-513 means only psychologists licensed to practice psychology in this sta…
Neb. Rev. Stat. § 38-3112 Board; membership; qualifications.
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The board shall consist of five professional members and two public members appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165, except that two of the five years of experience for professional members may have been served i…
Neb. Rev. Stat. § 38-3113 Other practices and activities; act, how construed.
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Nothing in the Psychology Practice Act shall be construed to prevent: (1) The teaching of psychology, the conduct of psychological research, or the provision of psychological services or consultation to organizations or institutions if such teaching, research, or service does not…
Neb. Rev. Stat. § 38-3114 Applicant for license; qualifications.
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An applicant for licensure as a psychologist shall: (1) Possess a doctoral degree from a program of graduate study in professional psychology from an institution of higher education. The degree shall be obtained from a program of graduate study in psychology that meets the standa…
Neb. Rev. Stat. § 38-3115 Waiver of examination; when.
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The department may waive all or portions of the examination required by section 38-3114 (1) if a psychologist has been licensed in another jurisdiction and if the requirements for licensure in that jurisdiction are equal to or exceed the requirements for licensure in Nebraska, (2…
Neb. Rev. Stat. § 38-3116 Special license; supervisory relationship; application; contents; use of title; disclosure.
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(1) Any psychological practice that involves the diagnosis and treatment of major mental and emotional disorders by a person holding a special license shall be done under the supervision of a licensed psychologist as determined by the board. A psychologist holding a special licen…
Neb. Rev. Stat. § 38-3117 Applicant with prior experience; issuance of license; conditions.
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Notwithstanding section 38-3114, the department shall license an applicant who: (1) Has at least twenty years of licensure to practice psychology in a United States or Canadian jurisdiction when the license was based on a doctoral degree; (2) Has had no disciplinary sanction duri…
Neb. Rev. Stat. § 38-3118 Reciprocal license; conditions.
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Notwithstanding section 38-3114, the department may issue a license as a psychologist to any individual who qualifies for such a license pursuant to an agreement of reciprocity entered into by the department, with the recommendation of the board, with the board or boards of anoth…
Neb. Rev. Stat. § 38-3119 Temporary practice permitted; when.
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Nothing in the Psychology Practice Act shall be construed to prohibit the practice of psychology in this state by a person holding a doctoral degree in psychology from an institution of higher education who is licensed as a psychologist under the laws of another jurisdiction if t…
Neb. Rev. Stat. § 38-312 License required; exceptions.
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No person shall engage in alcohol and drug counseling or hold himself or herself out as an alcohol and drug counselor unless he or she is licensed for such purpose pursuant to the Uniform Credentialing Act, except that this section shall not be construed to prevent: (1) Qualified…
Neb. Rev. Stat. § 38-3120 Temporary practice pending licensure permitted; when; military spouse; temporary license.
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(1) A psychologist licensed under the laws of another jurisdiction may be authorized by the department to practice psychology for a maximum of one year if the psychologist has made application to the department for licensure and has met the educational and experience requirements…
Neb. Rev. Stat. § 38-3121 Reciprocity.
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The department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to practice as a psychologist to a person who meets the requirements of the Psychology Practice Act or substantially equivalent requirements as determined by the d…
Neb. Rev. Stat. § 38-3122 Provisional license; requirements.
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A person who needs to obtain the required one year of supervised postdoctoral experience in psychology pursuant to subdivision (2) of section 38-3114 shall obtain a provisional license to practice psychology. An applicant for a provisional license to practice psychology shall: (1…
Neb. Rev. Stat. § 38-3123 Provisional license; approve or deny application.
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The department shall approve or deny a complete application for a provisional license to practice psychology within one hundred fifty days after receipt of the application.
Neb. Rev. Stat. § 38-3124 Provisional license; title; duties.
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A psychologist practicing with a provisional license shall use the title Provisionally Licensed Psychologist. A provisionally licensed psychologist shall disclose supervisory relationships to clients or patients for whom supervision is required and to third parties when relevant.…
Neb. Rev. Stat. § 38-3125 Provisional license; expiration.
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A provisional license to practice psychology expires upon receipt of a license to practice psychology or two years after the date of issuance, whichever occurs first.
Neb. Rev. Stat. § 38-3126 Fees.
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The department shall establish and collect fees for credentialing under the Psychology Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-3127 Additional grounds for disciplinary action.
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In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a credential subject to the Psychology Practice Act may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with secti…
Neb. Rev. Stat. § 38-3128 Limitation of practice; board; duties.
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The board shall ensure through rules and regulations and enforcement that psychologists limit their practice to demonstrated areas of competence as documented by relevant professional education, training, and experience.
Neb. Rev. Stat. § 38-3129 Code of conduct.
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A psychologist and anyone under his or her supervision shall conduct his or her professional activities in conformity with the code of conduct.
Neb. Rev. Stat. § 38-313 License; application; provisional license.
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(1) A person may apply for a license as an alcohol and drug counselor if he or she meets the requirements provided in section 38-316. (2) A person may apply for a license as a provisional alcohol and drug counselor which permits such person to practice and acquire the supervised …
Neb. Rev. Stat. § 38-3130 Representation as a psychologist; unlawful practice; violation; penalty.
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(1) It shall be a violation of the Psychology Practice Act for any person not licensed in accordance with the act to represent himself or herself as a psychologist. It shall be a violation of the act for any person not licensed in accordance with the act to engage in the practice…
Neb. Rev. Stat. § 38-3131 Confidentiality; privilege; exceptions.
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(1) The confidential relations and communications between psychologists and their clients and patients shall be on the same basis as those between physicians and their clients and patients as provided in section 27-504. (2) In judicial proceedings, whether civil, criminal, or juv…
Neb. Rev. Stat. § 38-3132 Duty to warn; limitation; immunity.
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(1) No monetary liability and no cause of action shall arise against any psychologist for failing to warn of and protect from a client's or patient's threatened violent behavior or failing to predict and warn of and protect from a client's or patient's violent behavior except whe…
Neb. Rev. Stat. § 38-3133 Administrator of Psychology Interjurisdictional Compact; duties.
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The chairperson of the board or his or her designee shall serve as the administrator of the Psychology Interjurisdictional Compact for the State of Nebraska. The administrator shall give notice of withdrawal to the executive heads of all other party states within thirty days afte…
Neb. Rev. Stat. § 38-314 Provisional alcohol and drug counselor; license requirements.
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To be licensed to practice as a provisional alcohol and drug counselor, an applicant shall: (1) Have a high school diploma or its equivalent; (2) Have two hundred seventy hours of education related to the knowledge and skills of alcohol and drug counseling which shall include: (a…
Neb. Rev. Stat. § 38-315 Practical training supervisor; requirements; duties.
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(1)(a) The practical training supervisor for supervised practical training required under section 38-314 shall hold one of the following credentials: (i) Licensure as an alcohol and drug counselor; (ii) If the practical training is acquired outside of Nebraska, a reciprocity leve…
Neb. Rev. Stat. § 38-316 Alcohol and drug counselor; license requirements.
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(1) To be licensed to practice as an alcohol and drug counselor, an applicant shall meet the requirements for licensure as a provisional alcohol and drug counselor under section 38-314, shall receive a passing score on an examination approved by the board, and shall have six thou…
Neb. Rev. Stat. § 38-317 Clinical supervisor; requirements; duties.
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(1)(a) The clinical supervisor for supervised clinical work experience under section 38-316 shall hold one of the following credentials: (i) Licensure as an alcohol and drug counselor; (ii) If the clinical work is acquired outside of Nebraska, a reciprocity level alcohol and drug…
Neb. Rev. Stat. § 38-318 Licensure; substitute requirements.
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(1) An individual who is licensed as a provisional alcohol and drug counselor at the time of application for licensure as an alcohol and drug counselor is deemed to have met the requirements of a high school diploma or its equivalent, the two hundred seventy hours of education re…
Neb. Rev. Stat. § 38-319 Reciprocity; military spouse; temporary license.
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The department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to an individual who (1) meets the requirements of the Alcohol and Drug Counseling Practice Act, (2) meets substantially equivalent requirements as determined by t…
Neb. Rev. Stat. § 38-320 Fees.
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The department shall establish and collect fees for initial licensure and renewal under the Alcohol and Drug Counseling Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-3201 Act, how cited.
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Sections 38-3201 to 38-3216 shall be known and may be cited as the Respiratory Care Practice Act.
Neb. Rev. Stat. § 38-3202 Definitions, where found.
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For purposes of the Respiratory Care Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3203 to 38-3206 apply.
Neb. Rev. Stat. § 38-3203 Board, defined.
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Board means the Board of Respiratory Care Practice.
Neb. Rev. Stat. § 38-3204 Medical director, defined.
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Medical director means a licensed physician who has the qualifications as described in section 38-3214.
Neb. Rev. Stat. § 38-3205 Respiratory care, defined.
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Respiratory care means the health specialty responsible for the treatment, management, diagnostic testing, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. Respiratory care is not limited to a hospital setting and includes the t…
Neb. Rev. Stat. § 38-3206 Respiratory care practitioner, defined.
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Respiratory care practitioner means: (1) Any person employed in the practice of respiratory care who has the knowledge and skill necessary to administer respiratory care to patients of all ages with varied cardiopulmonary diseases and to patients in need of critical care and who …