Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-3207 Board; membership; qualifications.
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Membership on the board shall consist of two respiratory care practitioners, one physician, and one public member.
Neb. Rev. Stat. § 38-3208 Practice of respiratory care; license or compact privilege, required; exceptions.
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(1) Except as provided in subsection (2) of this section, a person shall not engage in the practice of respiratory care unless such person is licensed pursuant to the Respiratory Care Practice Act or holds a compact privilege under the Respiratory Care Interstate Compact. (2) Sub…
Neb. Rev. Stat. § 38-3209 License; application; requirements.
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(1) An applicant for a license to practice respiratory care shall submit to the department written evidence that the applicant has completed a respiratory care educational program accredited by the Commission on Accreditation of Allied Health Education Programs in collaboration w…
Neb. Rev. Stat. § 38-321 Rules and regulations.
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The department, with the recommendation of the board, shall adopt and promulgate rules and regulations to administer the Alcohol and Drug Counseling Practice Act, including rules and regulations governing: (1) Ways of clearly identifying students, interns, and other persons provi…
Neb. Rev. Stat. § 38-3210 Practicing respiratory care practitioners; license issued; conditions.
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The department, with the recommendation of the board, shall issue a license to perform respiratory care to an applicant who, on or before July 17, 1986, has passed the Certified Respiratory Therapy Technician or Registered Respiratory Therapist examination administered by the Nat…
Neb. Rev. Stat. § 38-3211 Applicant for licensure; continuing competency requirements.
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An applicant for licensure to practice respiratory care who has met the education and examination requirements in section 38-3209, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of application…
Neb. Rev. Stat. § 38-3212 Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.
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(1) An applicant for licensure to practice respiratory care who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof satisfacto…
Neb. Rev. Stat. § 38-3213 Fees.
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The department shall establish and collect fees for credentialing under the Respiratory Care Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-3214 Respiratory care service; requirements.
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Any health care facility or home care agency providing inpatient or outpatient respiratory care service shall designate a medical director, who shall be a licensed physician who has special interest and knowledge in the diagnosis and treatment of respiratory problems. Such physic…
Neb. Rev. Stat. § 38-3215 Practice of respiratory care; limitations.
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The practice of respiratory care shall be performed only under the direction of a medical director and upon the order of a licensed physician, a licensed physician assistant, a nurse practitioner as defined in section 38-2312, or a certified registered nurse anesthetist as define…
Neb. Rev. Stat. § 38-3216 Respiratory care practitioner; subject to facility rules and regulations; when.
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In the event a respiratory care practitioner renders respiratory care in a hospital or health care facility, he or she shall be subject to the rules and regulations of that facility. Such rules and regulations may include, but not be limited to, reasonable requirements that the r…
Neb. Rev. Stat. § 38-3301 Act, how cited.
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Sections 38-3301 to 38-3335 shall be known and may be cited as the Veterinary Medicine and Surgery Practice Act.
Neb. Rev. Stat. § 38-3302 Definitions, where found.
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For purposes of the Veterinary Medicine and Surgery Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3303 to 38-3318 apply.
Neb. Rev. Stat. § 38-3303 Accredited school of veterinary medicine, defined.
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Accredited school of veterinary medicine means: (1) One approved by the board; (2) A veterinary college or division of a university or college that offers the degree of Doctor of Veterinary Medicine or its equivalent; and (3) One that conforms to the standards required for accred…
Neb. Rev. Stat. § 38-3304 Animal, defined.
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Animal means any animal other than man and includes birds, fish, and reptiles, wild or domestic, living or dead, except domestic poultry.
Neb. Rev. Stat. § 38-3305 Approved veterinary technician program, defined.
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Approved veterinary technician program means: (1) One approved by the board; (2) A school or college that offers the degree of Veterinary Technician, a degree in veterinary technology, or the equivalent; and (3) One that conforms to the standards required for accreditation by the…
Neb. Rev. Stat. § 38-3306 Board, defined.
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Board means the Board of Veterinary Medicine and Surgery.
Neb. Rev. Stat. § 38-3307 Direct supervision, defined.
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Direct supervision means that the supervisor is on the premises and is available to the veterinary technician or unlicensed assistant who is treating the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent …
Neb. Rev. Stat. § 38-3307.01 Health care therapy, defined.
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Health care therapy means health care activities that require the exercise of judgment for which licensure is required under the Uniform Credentialing Act.
Neb. Rev. Stat. § 38-3307.02 Equine, cat, and dog massage practice, defined.
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Equine, cat, and dog massage practice means the application of hands-on massage techniques for the purpose of increasing circulation, relaxing muscle spasms, relieving tension, enhancing muscle tone, and increasing range of motion in equines, cats, and dogs.
Neb. Rev. Stat. § 38-3308 Immediate supervision, defined.
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Immediate supervision means that the supervisor is on the premises and is in direct eyesight and hearing range of the animal and the veterinary technician or unlicensed assistant who is treating the animal and the animal has been examined by a veterinarian at such times as accept…
Neb. Rev. Stat. § 38-3309 Indirect supervision, defined.
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Indirect supervision means that the supervisor is not on the premises but is easily accessible and has given written or oral instructions for treatment of the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consis…
Neb. Rev. Stat. § 38-3309.01 Licensed animal therapist, defined.
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Licensed animal therapist means an individual who (1) has and maintains an undisciplined license under the Uniform Credentialing Act for a health care profession other than veterinary medicine and surgery, (2) has met the standards for additional training regarding the performanc…
Neb. Rev. Stat. § 38-3310 Licensed veterinarian, defined.
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Licensed veterinarian means a person who is validly and currently licensed to practice veterinary medicine and surgery in this state.
Neb. Rev. Stat. § 38-3311 Licensed veterinary technician, defined.
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Licensed veterinary technician means an individual who is validly and currently licensed as a veterinary technician in this state.
Neb. Rev. Stat. § 38-3312 Practice of veterinary medicine and surgery, defined.
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Practice of veterinary medicine and surgery means: (1) To diagnose, treat, correct, change, relieve, or prevent animal disease, deformity, defect, injury, or other physical or mental conditions, including the prescription or administration of any drug, medicine, biologic, apparat…
Neb. Rev. Stat. § 38-3313 Supervisor, defined.
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Supervisor means a licensed veterinarian or licensed veterinary technician as required by statute or rule or regulation for the particular delegated task being performed by a veterinary technician or unlicensed assistant.
Neb. Rev. Stat. § 38-3314 Unlicensed assistant, defined.
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Unlicensed assistant means an individual who is not a licensed veterinarian, a licensed veterinary technician, or a licensed animal therapist and who is working in veterinary medicine. Unlicensed assistant does not include a person engaged in equine, cat, and dog massage practice…
Neb. Rev. Stat. § 38-3315 Veterinarian, defined.
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Veterinarian means a person who has received a degree of Doctor of Veterinary Medicine from an accredited school of veterinary medicine or its equivalent.
Neb. Rev. Stat. § 38-3316 Veterinarian-client-patient relationship, defined.
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Veterinarian-client-patient relationship means that: (1) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, and the client has agreed to follow the veterinarian's instructions; (2) T…
Neb. Rev. Stat. § 38-3317 Veterinary medicine and surgery, defined.
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Veterinary medicine and surgery includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.
Neb. Rev. Stat. § 38-3318 Veterinary technician, defined.
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Veterinary technician means an individual who has received a degree in veterinary technology from an approved veterinary technician program or its equivalent.
Neb. Rev. Stat. § 38-3319 Board; membership; qualifications.
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The board shall consist of five members, including three licensed veterinarians, one licensed veterinary technician, and one public member.
Neb. Rev. Stat. § 38-3320 Board; purpose.
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The purpose of the board is to: (1) Provide for the health, safety, and welfare of the citizens; (2) insure that veterinarians and veterinary technicians serving the public meet minimum standards of proficiency and competency; (3) insure that schools of veterinary medicine and su…
Neb. Rev. Stat. § 38-3321 Veterinarian; veterinary technician; animal therapist; license; required; exceptions.
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No person may practice veterinary medicine and surgery in the state who is not a licensed veterinarian, no person may perform delegated animal health care tasks in the state who is not a licensed veterinary technician or an unlicensed assistant performing such tasks within the li…
Neb. Rev. Stat. § 38-3322 Veterinary medicine and surgery; license; application; qualifications.
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Each applicant for a license to practice veterinary medicine and surgery in this state shall present to the department: (1) Proof that the applicant is a graduate of an accredited school of veterinary medicine or holds a certificate issued by an entity that determines educational…
Neb. Rev. Stat. § 38-3323 Veterinary medicine and surgery; license; validity.
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Any person holding a valid license to practice veterinary medicine and surgery in this state on October 23, 1967, shall be recognized as a licensed veterinarian and shall be entitled to retain such status so long as he or she complies with the Veterinary Medicine and Surgery Prac…
Neb. Rev. Stat. § 38-3324 Board; disciplinary actions; grounds.
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A license to practice veterinary medicine and surgery may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee is guilty of any of the acts or offenses spec…
Neb. Rev. Stat. § 38-3325 Veterinary technician; license; requirements; temporary license.
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(1) To be a licensed veterinary technician in this state, an individual shall (a) be a graduate of an approved veterinary technician program and (b) receive a passing score on a national examination approved by the board. (2) The department may grant a temporary license to practi…
Neb. Rev. Stat. § 38-3326 Veterinary technicians; rules and regulations.
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The department, with the recommendation of the board, shall adopt and promulgate rules and regulations providing for (1) licensure of veterinary technicians meeting the requirements of section 38-3325 and (2) standards for the level of supervision required for particular delegate…
Neb. Rev. Stat. § 38-3327 Applicant; reciprocity; requirements; military spouse; temporary license.
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(1) An applicant for a license to practice veterinary medicine and surgery based on a license in another state or territory of the United States, the District of Columbia, or a Canadian province shall meet the standards set by the board pursuant to section 38-126 and shall have b…
Neb. Rev. Stat. § 38-3328 Fees.
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The department shall establish and collect fees for credentialing under the Veterinary Medicine and Surgery Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-3329 Advertising; offer of services; limitation.
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(1) Only a licensed veterinarian may advertise or offer his or her services in a manner calculated to lead others to believe that he or she is a licensed veterinarian. (2) Only a licensed veterinary technician may advertise or offer his or her services in a manner calculated to l…
Neb. Rev. Stat. § 38-3330 Disclosure of information; restrictions.
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(1) Unless required by any state or local law for contagious or infectious disease reporting or other public health and safety purpose, no veterinarian licensed under the Veterinary Medicine and Surgery Practice Act shall be required to disclose any information concerning the vet…
Neb. Rev. Stat. § 38-3331 Civil penalty; recovery; lien.
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(1) In addition to the remedies authorized in section 38-140 or 38-1,124, a person who engages in the practice of veterinary medicine and surgery without being licensed or otherwise authorized to do so under the Veterinary Medicine and Surgery Practice Act shall be subject to a c…
Neb. Rev. Stat. § 38-3332 Animal therapist; license; application; qualifications.
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Each applicant for a license as an animal therapist in this state shall present to the department: (1) Proof that the applicant holds and maintains an undisciplined license under the Uniform Credentialing Act for a health care profession other than veterinary medicine and surgery…
Neb. Rev. Stat. § 38-3333 Animal therapist; health care therapy; conditions; letter of referral; liability.
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(1) A licensed animal therapist may perform health care therapy on an animal only if: (a) The health care therapy is consistent with the licensed animal therapist's training required for the license referred to under subdivision (1) of section 38-3332; (b) The owner of the animal…
Neb. Rev. Stat. § 38-3334 Animal therapist; additional disciplinary grounds.
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In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a license to practice as a licensed animal therapist may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with sect…
Neb. Rev. Stat. § 38-3335 Veterinarian locum tenens; issuance; requirements; term.
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When circumstances indicate a need for the issuance of a veterinarian locum tenens in the State of Nebraska, the department, with the recommendation of the board, may issue a veterinarian locum tenens to an individual who holds an active license to practice veterinary medicine an…
Neb. Rev. Stat. § 38-3401 Act, how cited.
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Sections 38-3401 to 38-3425 shall be known and may be cited as the Genetic Counseling Practice Act.