Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-3610 Member board; joint investigations; powers.
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(a) Licensure and disciplinary records of physicians are deemed investigative. (b) In addition to the authority granted to a member board by its respective medicine and surgery practice act or other applicable state law, a member board may participate with other member boards in …
Neb. Rev. Stat. § 38-3611 Disciplinary action; unprofessional conduct; reinstatement of license; procedure.
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(a) Any disciplinary action taken by any member board against a physician licensed through the Interstate Medical Licensure Compact shall be deemed unprofessional conduct which may be subject to discipline by other member boards, in addition to any violation of the medicine and s…
Neb. Rev. Stat. § 38-3612 Interstate Medical Licensure Compact Commission; created; representatives; qualifications; meetings; notice; minutes; executive committee.
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(a) The member states hereby create the Interstate Medical Licensure Compact Commission. (b) The purpose of the interstate commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function. (c) The interstate commission shall be…
Neb. Rev. Stat. § 38-3613 Interstate commission; duty and power.
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The interstate commission shall have the duty and power to: (a) Oversee and maintain the administration of the Interstate Medical Licensure Compact; (b) Promulgate rules which shall be binding to the extent and in the manner provided for in the compact; (c) Issue, upon the reques…
Neb. Rev. Stat. § 38-3614 Annual assessment; levy; rule; audit.
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(a) The interstate commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the interstate commission and its staff. The total assessment must be sufficient to cover the annual budget approved each year f…
Neb. Rev. Stat. § 38-3615 Interstate commission; adopt bylaws; officers; immunity; duty to defend; hold harmless.
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(a) The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Interstate Medical Licensure Compact within twelve months of the first interstate commiss…
Neb. Rev. Stat. § 38-3616 Rules; promulgation; judicial review.
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(a) The interstate commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Interstate Medical Licensure Compact. Notwithstanding the foregoing, in the event the interstate commission exercises its rulemaking authority in a …
Neb. Rev. Stat. § 38-3617 Enforcement of Interstate Medical Licensure Compact; interstate commission; receive service of process.
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(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Interstate Medical Licensure Compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. The provisions of the compac…
Neb. Rev. Stat. § 38-3618 Interstate commission; enforcement powers; initiate legal action; remedies available.
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(a) The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Interstate Medical Licensure Compact. (b) The interstate commission may, by majority vote of the commissioners, initiate legal action in the United States Di…
Neb. Rev. Stat. § 38-3619 Grounds for default; notice; failure to cure; termination from compact; costs; appeal.
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(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed upon it by the Interstate Medical Licensure Compact, or the rules and bylaws of the interstate commission promulgated under the compact. …
Neb. Rev. Stat. § 38-3620 Disputes; interstate commission; duties; rules.
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(a) The interstate commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the Interstate Medical Licensure Compact and which may arise among member states or member boards. (b) The interstate commission shall promulgate rules provid…
Neb. Rev. Stat. § 38-3621 Eligibility to become member state; when compact effective; amendments to compact.
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(a) Any state is eligible to become a member state of the Interstate Medical Licensure Compact. (b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than seven states. Thereafter, it shall become effective and binding on…
Neb. Rev. Stat. § 38-3622 Withdrawal from Interstate Medical Licensure Compact; procedure; responsibilities; reinstatement; rules.
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(a) Once effective, the Interstate Medical Licensure Compact shall continue in force and remain binding upon each and every member state, except that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. (b) Withdra…
Neb. Rev. Stat. § 38-3623 Dissolution of Interstate Medical Licensure Compact; effect.
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(a) The Interstate Medical Licensure Compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state. (b) Upon the dissolution of the compact, the compact becomes null and void and sha…
Neb. Rev. Stat. § 38-3624 Severability; construction.
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(a) The provisions of the Interstate Medical Licensure Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. (b) The provisions of the compact shall be liberally constru…
Neb. Rev. Stat. § 38-3625 Effect on other laws of member state.
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(a) Nothing in the Interstate Medical Licensure Compact prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (b) All laws in a member state in conflict with the compact are superseded to the extent of the conflict. (c) All lawful …
Neb. Rev. Stat. § 38-3701 Act, how cited.
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Sections 38-3701 to 38-3707 shall be known and may be cited as the Dialysis Patient Care Technician Registration Act.
Neb. Rev. Stat. § 38-3702 Purpose of act.
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The purpose of the Dialysis Patient Care Technician Registration Act is to ensure the health, safety, and welfare of the public by providing for the accurate, cost-effective, efficient, and safe utilization of dialysis patient care technicians in the administration of hemodialysi…
Neb. Rev. Stat. § 38-3703 Terms, defined.
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For purposes of the Dialysis Patient Care Technician Registration Act: (1) Dialysis patient care technician means a person who meets the requirements of section 38-3705; and (2) Facility means a health care facility as defined in section 71-413 providing hemodialysis services.
Neb. Rev. Stat. § 38-3704 Dialysis patient care technician; powers.
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A dialysis patient care technician may administer hemodialysis under the authority of a registered nurse licensed pursuant to the Nurse Practice Act who may delegate tasks based on nursing judgment to a dialysis patient care technician based on the technician’s education, knowled…
Neb. Rev. Stat. § 38-3705 Dialysis patient care technician; qualifications.
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The minimum requirements for a dialysis patient care technician are as follows: (1) Possession of a high school diploma or a general educational development certificate, (2) training which follows national recommendations for dialysis patient care technicians and is conducted pri…
Neb. Rev. Stat. § 38-3706 Dialysis patient care technician; registration; application; fee; duties; licensure as nurse; effect.
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(1) To register as a dialysis patient care technician, an individual shall (a) possess a high school diploma or a general educational development certificate, (b) demonstrate that he or she is (i) employed as a dialysis patient care technician or (ii) enrolled in a training cours…
Neb. Rev. Stat. § 38-3707 Dialysis Patient Care Technician Registry; contents.
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(1) The department shall list each dialysis patient care technician registration on the Dialysis Patient Care Technician Registry. A listing in the registry shall be valid for the term of the registration and upon renewal unless such listing is refused renewal or is removed. (2) …
Neb. Rev. Stat. § 38-3801 EMS Personnel Licensure Interstate Compact.
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The State of Nebraska adopts the EMS Personnel Licensure Interstate Compact in the form substantially as follows: ARTICLE 1. PURPOSE In order to protect the public through verification of competency and ensure accountability for patient-care-related activities, all states license…
Neb. Rev. Stat. § 38-3901 Psychology Interjurisdictional Compact.
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The State of Nebraska adopts the Psychology Interjurisdictional Compact substantially as follows: ARTICLE I PURPOSE States license psychologists in order to protect the public through verification of education, training, and experience and ensure accountability for professional p…
Neb. Rev. Stat. § 38-4001 Physical Therapy Licensure Compact.
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The State of Nebraska adopts the Physical Therapy Licensure Compact in the form substantially as follows: ARTICLE I PURPOSE a. The purpose of the Physical Therapy Licensure Compact is to facilitate interstate practice of physical therapy with the goal of improving public access t…
Neb. Rev. Stat. § 38-401 Act, how cited.
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Sections 38-401 to 38-414 shall be known and may be cited as the Athletic Training Practice Act.
Neb. Rev. Stat. § 38-402 Definitions, where found.
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For purposes of the Athletic Training Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-404 to 38-407.02 apply.
Repealed. Laws 2022, LB436, § 12.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-404 Athletic trainer, defined.
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Athletic trainer means a health care professional who is licensed to practice athletic training under the Athletic Training Practice Act or the Athletic Trainer Compact and who, under guidelines established with a licensed physician, performs the functions outlined in section 38-…
Repealed. Laws 2022, LB436, § 12.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-406 Board, defined.
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Board means the Board of Athletic Training.
Neb. Rev. Stat. § 38-406.01 Condition, defined.
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Condition means a disease, illness, or injury.
Repealed. Laws 2022, LB436, § 12.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-407.01 Impression, defined.
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Impression means a summation of information or an opinion formed, which is the outcome of the examination and assessment process.
Neb. Rev. Stat. § 38-407.02 Injuries and illnesses, defined.
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Injuries and illnesses means injuries or common illnesses and conditions which are related to, or which limit participation in, exercise, athletic activities, recreational activities, or activities requiring physical strength, agility, flexibility, range of motion, speed, or stam…
Neb. Rev. Stat. § 38-408 Athletic training; scope of practice; department; duties.
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(1) As set forth in the Athletic Training Practice Act, the practice of athletic training includes providing the following regarding injuries and illnesses: (a) Prevention and wellness promotion; (b) Examination, assessment, and impression; (c) Immediate and emergency care, inclu…
Neb. Rev. Stat. § 38-409 License required; exceptions.
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No person shall be authorized to perform the functions outlined in section 38-408 unless the person first obtains a license as an athletic trainer or unless such person is licensed as a physician, osteopathic physician, chiropractor, nurse, physical therapist, or podiatrist. No p…
Neb. Rev. Stat. § 38-410 Licensure requirements; exemptions.
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(1) An individual who accompanies an athletic team or organization from another state or jurisdiction as the athletic trainer is exempt from the licensure requirements of the Athletic Training Practice Act. (2) An athletic training student who is enrolled in an athletic training …
Neb. Rev. Stat. § 38-4101 Audiology and Speech-Language Pathology Interstate Compact.
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The State of Nebraska adopts the Audiology and Speech-Language Pathology Interstate Compact in the form substantially as follows: Article 1 PURPOSE The purpose of this Compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improvi…
Neb. Rev. Stat. § 38-411 Applicant for licensure; qualifications; examination.
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(1) An applicant for licensure as an athletic trainer shall at the time of application provide proof to the department that the applicant meets one or more of the following qualifications: (a) For any person who graduated prior to January 1, 2004: (i) Graduation after successful …
Neb. Rev. Stat. § 38-412 Continuing competency requirements.
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An applicant for licensure as an athletic trainer who has met the education and examination requirements in section 38-411, 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 for li…
Neb. Rev. Stat. § 38-413 Reciprocity; continuing competency requirements; military spouse; temporary license.
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(1) An applicant for licensure as an athletic trainer 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 satisfactory to …
Neb. Rev. Stat. § 38-414 Fees.
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The department shall establish and collect fees for initial licensure and renewal under the Athletic Training Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-4201 Licensed Professional Counselors Interstate Compact.
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The State of Nebraska adopts the Licensed Professional Counselors Interstate Compact in the form substantially as follows: Licensed Professional Counselors Interstate Compact SECTION 1: PURPOSE The purpose of this Compact is to facilitate interstate practice of Licensed Professio…
Neb. Rev. Stat. § 38-4301 Occupational Therapy Practice Interstate Compact.
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The State of Nebraska adopts the Occupational Therapy Practice Interstate Compact in the form substantially as follows: ARTICLE 1. PURPOSE. The purpose of the Occupational Therapy Practice Interstate Compact is to facilitate interstate practice of occupational therapy with the go…
Neb. Rev. Stat. § 38-4401 Act, how cited.
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Sections 38-4401 to 38-4414 shall be known and may be cited as the Behavior Analyst Practice Act.
Neb. Rev. Stat. § 38-4402 Definitions, where found.
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For purposes of the Behavior Analyst Practice Act, the definitions found in sections 38-4403 to 38-4408 apply.
Neb. Rev. Stat. § 38-4403 Behavior technician, defined.
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Behavior technician means an individual who practices under the close, ongoing supervision of a licensed behavior analyst or a licensed assistant behavior analyst.
Neb. Rev. Stat. § 38-4404 Board, defined.
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Board means the Board of Behavior Analysts.