Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-3402 Definitions, where found.
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For purposes of the Genetic Counseling Practice Act, the definitions found in sections 38-3403 to 38-3414 shall apply.
Neb. Rev. Stat. § 38-3403 Active candidate, defined.
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Active candidate means an individual who has (1) met the requirements established by the national genetic counseling board to take the national certification examination in general genetics or genetic counseling and (2) been granted active candidate status by the national genetic…
Neb. Rev. Stat. § 38-3404 Certification examination, defined.
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Certification examination means the examination offered by either the national genetic counseling board or the national medical genetics board.
Neb. Rev. Stat. § 38-3405 Genetic counseling, defined.
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Genetic counseling means the provision of services described in section 38-3415.
Neb. Rev. Stat. § 38-3406 Genetic counseling intern, defined.
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Genetic counseling intern means a student enrolled in a genetic counseling program accredited by the national genetic counseling board.
Neb. Rev. Stat. § 38-3407 Genetic counselor, defined.
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Genetic counselor means an individual licensed under the Genetic Counseling Practice Act.
Neb. Rev. Stat. § 38-3408 National genetic counseling board, defined.
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National genetic counseling board means the American Board of Genetic Counseling or its successor or equivalent.
Neb. Rev. Stat. § 38-3409 National medical genetics board, defined.
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National medical genetics board means the American Board of Medical Genetics or its successor or equivalent.
Neb. Rev. Stat. § 38-3410 Physician, defined.
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Physician means an individual licensed under the Medicine and Surgery Practice Act to practice medicine and surgery or osteopathic medicine and surgery.
Neb. Rev. Stat. § 38-3411 Qualified supervisor, defined.
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Qualified supervisor means a genetic counselor or a physician.
Neb. Rev. Stat. § 38-3412 State board, defined.
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State board means the Board of Medicine and Surgery.
Neb. Rev. Stat. § 38-3413 Supervisee, defined.
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Supervisee means an individual holding a provisional license issued under section 38-3420.
Neb. Rev. Stat. § 38-3414 Supervision, defined.
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Supervision means the overall responsibility to assess the work of a supervisee, including regular meetings and chart review by a qualified supervisor pursuant to an annual supervision contract signed by the qualified supervisor and the supervisee which is on file with both parti…
Neb. Rev. Stat. § 38-3415 Scope of practice.
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The scope of practice of a genetic counselor is: (1) Obtaining and evaluating individual, family, and medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his or her offspring, and other family members; (2) Discussing features, …
Neb. Rev. Stat. § 38-3416 License required.
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Except as provided in the Genetic Counseling Practice Act, on and after January 1, 2013, no individual shall engage in the practice of genetic counseling unless he or she is licensed under the act.
Neb. Rev. Stat. § 38-3417 Act; persons exempt.
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The Genetic Counseling Practice Act does not apply to: (1) An individual licensed under the Uniform Credentialing Act to practice a profession other than genetic counseling when acting within the scope of his or her profession and doing work of a nature consistent with his or her…
Neb. Rev. Stat. § 38-3418 Applicant; certification required.
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Except as provided in section 38-3420, an applicant for licensure as a genetic counselor shall provide satisfactory evidence that he or she is certified as a genetic counselor by either the national genetic counseling board or the national medical genetics board.
Neb. Rev. Stat. § 38-3419 Reciprocity; individual practicing before January 1, 2013; licensure; qualification; military spouse; temporary license.
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(1) The department, with the recommendation of the state board, may issue a license under the Genetic Counseling Practice Act based on licensure in another jurisdiction to an individual who meets the requirements of the Genetic Counseling Practice Act or substantially equivalent …
Neb. Rev. Stat. § 38-3420 Provisional license; requirements; renewal; expiration; conditions; application for extension; requirements.
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(1) The department, on the recommendation of the state board, may issue a provisional license to practice genetic counseling to an individual who meets all of the requirements for licensure under the Genetic Counseling Practice Act except for certification and who has been grante…
Neb. Rev. Stat. § 38-3421 License required; use of titles prohibited.
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On and after January 1, 2013, no individual shall hold himself or herself out as a genetic counselor unless he or she is licensed in accordance with the Genetic Counseling Practice Act. An individual who is not so licensed may not use, in connection with his or her name or place …
Neb. Rev. Stat. § 38-3422 Rules and regulations.
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The department shall adopt and promulgate rules and regulations as it may deem necessary with reference to the conditions under which the practice of genetic counseling shall be carried on. The department shall have the power to enforce the Genetic Counseling Practice Act.
Neb. Rev. Stat. § 38-3423 Fees.
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The department shall establish and collect fees for credentialing under the Genetic Counseling Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-3424 Abortion counseling or referral; act; how construed; refusal to participate in counseling or referral; how treated.
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The Genetic Counseling Practice Act shall not be construed to require any genetic counselor to counsel or refer for abortion, and licensing of a genetic counselor shall not be contingent upon his or her participation in counseling or referral with respect to abortion. The refusal…
Neb. Rev. Stat. § 38-3425 Department; maintain directory.
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The department shall maintain an online directory of all genetic counselors licensed by the department.
Neb. Rev. Stat. § 38-3501 Act, how cited.
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Sections 38-3501 to 38-3517 shall be known and may be cited as the Surgical First Assistant Practice Act.
Neb. Rev. Stat. § 38-3502 Legislative findings.
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The Legislature finds that: (1) Surgical assisting is an established health profession in Nebraska; (2) Surgical first assistants aid in ensuring a safe surgical environment by maximizing patient safety by using appropriate techniques for processes, including, but not limited to,…
Neb. Rev. Stat. § 38-3503 Definitions, where found.
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For purposes of the Surgical First Assistant Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-3504 to 38-3510 apply.
Neb. Rev. Stat. § 38-3504 Approved certifying body, defined.
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Approved certifying body means a national certification organization which is approved by the board, certifies qualified surgical first assistants, has eligibility requirements related to education and practice, and offers an examination in an area of practice which meets guideli…
Neb. Rev. Stat. § 38-3505 Approved surgical first assistant education program, defined.
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Approved surgical first assistant education program means a program accredited by the Commission on Accreditation of Allied Health Education Programs or the Accrediting Bureau of Health Education Schools or other accreditation entity approved by the board.
Neb. Rev. Stat. § 38-3506 Board, defined.
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Board means the Board of Medicine and Surgery.
Neb. Rev. Stat. § 38-3507 Licensed surgical first assistant, defined.
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Licensed surgical first assistant means a person licensed to practice surgical assisting under the Surgical First Assistant Practice Act.
Neb. Rev. Stat. § 38-3508 Personal supervision by a physician, defined.
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Personal supervision by a physician means the physical attendance of a physician in the room during the performance of a surgical procedure.
Neb. Rev. Stat. § 38-3509 Surgical assisting, defined.
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Surgical assisting means the practice of promoting patient safety through provision of primary assistance to the primary surgeon during a surgical procedure.
Neb. Rev. Stat. § 38-3510 Surgical first assistant, defined.
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Surgical first assistant means a person who meets the requirements of section 38-3512.
Neb. Rev. Stat. § 38-3511 Licensed surgical first assistant; activities authorized.
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A licensed surgical first assistant may engage in the practice of surgical assisting, including, but not limited to, the following: (1) Assisting in the intraoperative care of a surgical patient; (2) Positioning the patient; (3) Preparing and draping the patient for the surgical …
Neb. Rev. Stat. § 38-3512 Applicant; education and examination requirements; waiver; when.
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(1) An applicant for licensure under the Surgical First Assistant Practice Act shall: (a) Be certified as a surgical first assistant by an approved certifying body; (b) Have successfully completed an approved surgical first assistant education program approved by the board or oth…
Neb. Rev. Stat. § 38-3513 Act; how construed.
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The Surgical First Assistant Practice Act shall not be construed to: (1) Prohibit any nurse practitioner, registered nurse, physician, or physician assistant credentialed to practice under the Uniform Credentialing Act from engaging in the practice for which he or she is credenti…
Neb. Rev. Stat. § 38-3514 Right to use title and abbreviation.
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A person holding an active license as a licensed certified surgical first assistant has the right to use the title licensed surgical first assistant and the abbreviation L.S.F.A.
Neb. Rev. Stat. § 38-3515 Fees.
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The department shall establish and collect fees for initial licensure and renewal under the Surgical First Assistant Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-3516 Personal supervision of physician.
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A licensed surgical first assistant shall perform delegated functions only under the personal supervision of a physician.
Neb. Rev. Stat. § 38-3517 Board; duties; department; duties.
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(1) The board shall, pursuant to section 38-126: (a) Recommend to the department the issuance of licenses to practice surgical assisting under the Surgical First Assistant Practice Act; (b) investigate and adopt standards based on national standards for surgical assisting and imp…
Neb. Rev. Stat. § 38-3601 Compact; citation.
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Sections 38-3601 to 38-3625 shall be known and may be cited as the Interstate Medical Licensure Compact.
Neb. Rev. Stat. § 38-3602 Purposes of Interstate Medical Licensure Compact.
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The purposes of the Interstate Medical Licensure Compact are, through means of joint and cooperative action among the member states of the compact (1) to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards and t…
Neb. Rev. Stat. § 38-3603 Terms, defined.
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For purposes of the Interstate Medical Licensure Compact: (a) Bylaws means those bylaws established by the interstate commission pursuant to section 38-3612 for its governance or for directing and controlling its actions and conduct; (b) Commissioner means the voting representati…
Neb. Rev. Stat. § 38-3604 Physician; expedited license; eligibility requirements; failure to meet requirements; effect.
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(a) A physician must meet the eligibility requirements as defined in subdivision (k) of section 38-3603 to receive an expedited license under the terms and provisions of the Interstate Medical Licensure Compact. (b) A physician who does not meet the requirements of subdivision (k…
Neb. Rev. Stat. § 38-3605 Physician; designate state of principal license.
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(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Interstate Medical Licensure Compact if the physician possesses a full and unrestricted license to practice medicine in that state, an…
Neb. Rev. Stat. § 38-3606 Physician; file application; member board; duties; criminal background check; fees; issuance of license.
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(a) A physician seeking licensure through the Interstate Medical Licensure Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license. (b) Upon receipt of an application for an expedite…
Neb. Rev. Stat. § 38-3607 Fee; rules.
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(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Interstate Medical Licensure Compact. (b) The interstate commission is authorized to develop rules regarding fees for ex…
Neb. Rev. Stat. § 38-3608 Physician; renewal of expedited license; renewal process; fees; rules.
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(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the interstate commission if the physician: (1) Maintains a full and unrestricted license in a state of principal license; (2) Has not been convicted, received ad…
Neb. Rev. Stat. § 38-3609 Database; contents; public action or complaints; member boards; duties; confidentiality.
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(a) The interstate commission shall establish a database of all physicians licensed, or who have applied for licensure, under section 38-3606. (b) Notwithstanding any other provision of law, member boards shall report to the interstate commission any public action or complaints a…