Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-1126 Fees.
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The department shall establish and collect fees for credentialing under the Dentistry Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-1127 Dentists; name of associate; duty to display.
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Every person who owns, operates, or controls a dental office in which anyone other than himself or herself is practicing dentistry, shall display the name of such person or persons in a conspicuous place at the public entrance to such office.
Neb. Rev. Stat. § 38-1127.01 Expanded function dental assistant; expanded function dental hygienist; display of permit.
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Every person who owns, operates, or controls a facility in which an expanded function dental assistant or an expanded function dental hygienist is practicing shall display the permit of such person issued by the board for expanded functions in a conspicuous place in such facility…
Neb. Rev. Stat. § 38-1128 Dentist; unlicensed associate prohibited; coercion prohibited.
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(1) No person owning, operating, or conducting any place where dental work of any kind is done or contracted for shall employ or permit any unlicensed dentist to practice dentistry in such place. (2) No person shall coerce or attempt to coerce a licensed dentist to practice denti…
Neb. Rev. Stat. § 38-1129 Dentist; use of own name required; exception.
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No person shall operate any place in which dentistry is practiced under any other name than his or her own or display in connection with his or her practice or on any advertising matter any other than his or her own name. Two or more licensed dentists who are associated in the pr…
Neb. Rev. Stat. § 38-113 Credential, defined.
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Credential means a license, certificate, or registration.
Neb. Rev. Stat. § 38-1130 Licensed dental hygienist; functions authorized; when; department; powers and duties.
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(1) Except as otherwise provided in this section, a licensed dental hygienist shall perform the dental hygiene functions listed in section 38-1131 only when authorized to do so by a licensed dentist who shall be responsible for the total oral health care of the patient. (2) The d…
Neb. Rev. Stat. § 38-1131 Licensed dental hygienist; procedures and functions authorized; enumerated.
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When authorized by and under the general supervision of a licensed dentist, a licensed dental hygienist may perform the following intra and extra oral procedures and functions: (1) Oral prophylaxis, periodontal scaling, and root planing which includes supragingival and subgingiva…
Neb. Rev. Stat. § 38-1132 Licensed dental hygienist; activities related to analgesia authorized; administer local anesthesia; when.
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(1)(a) A licensed dental hygienist may monitor nitrous oxide analgesia under the indirect supervision of a licensed dentist. (b) Upon completion of education and testing approved by the board, a licensed dental hygienist may administer and titrate nitrous oxide analgesia under th…
Neb. Rev. Stat. § 38-1133 Department; additional procedures; rules and regulations.
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The department, with the recommendation of the board, may, by rule and regulation, prescribe functions, procedures, and services in addition to those in section 38-1131 which may be performed by a licensed dental hygienist under the supervision of a licensed dentist when such add…
Neb. Rev. Stat. § 38-1134 Department; employment facilities; rules and regulations.
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The department, with the recommendation of the board, may adopt and promulgate rules and regulations providing for employment or work-setting facilities required for the provision of dental services by a licensed dental hygienist.
Neb. Rev. Stat. § 38-1135 Dental assistants, licensed dental assistants, and expanded function dental assistants; employment; duties performed; rules and regulations.
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(1) Any licensed dentist, public institution, or school may employ dental assistants, licensed dental assistants, and expanded function dental assistants. Such dental assistants, under the supervision of a licensed dentist, may perform such duties as are prescribed in the Dentist…
Neb. Rev. Stat. § 38-1136 Licensed dental hygienists and expanded function dental hygienists; employment authorized; performance of duties; rules and regulations; license or permit required.
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(1) Any licensed dentist, public institution, or school may employ licensed dental hygienists and expanded function dental hygienists. (2) The department, with the recommendation of the board, shall adopt and promulgate rules and regulations governing the performance of duties by…
Neb. Rev. Stat. § 38-1136.01 Licensed dental assistant; additional functions, procedures, and services.
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The department, with the recommendation of the board, may, by rule and regulation, prescribe functions, procedures, and services in addition to those in section 38-1135 which may be performed by a licensed dental assistant under the supervision of a licensed dentist when intended…
Neb. Rev. Stat. § 38-1137 Administration of anesthesia or sedation; permit required; exception.
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A dentist licensed in this state shall not administer general anesthesia, deep sedation, moderate sedation, or minimal sedation in the practice of dentistry unless he or she has been issued the appropriate permit pursuant to the Dentistry Practice Act. A dentist licensed in this …
Neb. Rev. Stat. § 38-1138 Violations; effect.
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A violation of provisions of the Dentistry Practice Act relating to the administration of general anesthesia, deep sedation, moderate sedation, minimal sedation, or inhalation analgesia may result in action against the dentist's permit, license, or both pursuant to section 38-196…
Neb. Rev. Stat. § 38-1139 Permit to administer general anesthesia or deep sedation; issuance; conditions; existing permit; how treated.
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(1) The department, with the recommendation of the board, shall issue a permit to a Nebraska-licensed dentist to administer general anesthesia or deep sedation on an outpatient basis to dental patients if the dentist: (a) Maintains a properly equipped facility for the administrat…
Neb. Rev. Stat. § 38-114 Department, defined.
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Department means the Division of Public Health of the Department of Health and Human Services.
Neb. Rev. Stat. § 38-1140 Permit to administer moderate sedation; issuance; conditions; existing permit; how treated.
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(1) The department, with the recommendation of the board, shall issue a permit to a Nebraska-licensed dentist to administer moderate sedation on an outpatient basis to dental patients if the dentist: (a) Maintains a properly equipped facility for the administration of moderate se…
Neb. Rev. Stat. § 38-1141 Permit to administer minimal sedation; issuance; conditions; termination of existing permit.
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(1) The department, with the recommendation of the board, shall issue a permit to a Nebraska-licensed dentist to administer minimal sedation on an outpatient basis to dental patients if the dentist: (a) Maintains a properly equipped facility for the administration of minimal seda…
Neb. Rev. Stat. § 38-1142 Presence of licensed dental hygienist or dental assistant required.
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General anesthesia, deep sedation, moderate sedation, and minimal sedation shall not be administered by a dentist without the presence and assistance of a licensed dental hygienist or a dental assistant.
Neb. Rev. Stat. § 38-1143 Assistant; certification required.
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Any person who assists a dentist in the administration of general anesthesia, deep sedation, moderate sedation, or minimal sedation shall be currently certified in basic life-support skills or the equivalent thereof.
Neb. Rev. Stat. § 38-1144 Administration of anesthesia, sedation, or analgesia; limitation.
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Nothing in the Dentistry Practice Act shall be construed to allow a dentist to administer to himself or herself, or to any person other than in the course of the practice of dentistry, any drug or agent used for general anesthesia, deep sedation, moderate sedation, minimal sedati…
Neb. Rev. Stat. § 38-1145 Permits; term; department; adopt rules and regulations.
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(1) Permits issued for the administration of general anesthesia or deep sedation, moderate sedation, or minimal sedation pursuant to the Dentistry Practice Act shall be valid until March 1 of the next odd-numbered year after issuance. A permit issued for the administration of gen…
Neb. Rev. Stat. § 38-1146 Inspection of practice location.
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All practice locations of a dentist applying for a permit to administer general anesthesia or deep sedation, moderate sedation, or minimal sedation may be inspected at the discretion of the board. The board may contract to have such inspections performed. The board shall not dele…
Neb. Rev. Stat. § 38-1147 Incident report; contents; failure to submit; penalty.
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(1) All licensed dentists practicing in this state shall submit a report to the board within thirty days of any incident which results in death or physical or mental injury requiring hospitalization of a patient which occurs in the outpatient facilities of such dentist during, or…
Neb. Rev. Stat. § 38-1148 Department; permits to administer anesthesia or sedation; administration of analgesia; adopt rules and regulations.
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The department, with the recommendation of the board, may adopt and promulgate rules and regulations necessary to carry out the provisions of the Dentistry Practice Act relating to permits to administer general anesthesia or deep sedation, moderate sedation, or minimal sedation a…
Neb. Rev. Stat. § 38-1149 Office of Oral Health and Dentistry; Dental Health Director; appointment.
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There is hereby established the Office of Oral Health and Dentistry in the department. The head of such office shall be known as the Dental Health Director and shall be appointed by the department. The Dental Health Director shall give full time to his or her duties.
Neb. Rev. Stat. § 38-115 Dependence, defined.
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Dependence means a maladaptive pattern of alcohol or substance use, leading to clinically significant impairment or distress, as manifested by three or more of the following occurring at any time in the same twelve-month period: (1) Tolerance as defined by either of the following…
Neb. Rev. Stat. § 38-1150 Dental Health Director; qualifications.
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The Dental Health Director shall be a graduate of an accredited school or college of dentistry and shall be licensed by the State of Nebraska to practice dentistry in Nebraska or duly licensed to practice dentistry in some other state of the United States of America.
Neb. Rev. Stat. § 38-1151 Office of Oral Health and Dentistry; duties; rules and regulations.
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The duties of the Office of Oral Health and Dentistry shall be the promotion and development of activities which will result in the practice and improvement of the dental health of the people of the state under rules and regulations adopted and promulgated by the department.
Neb. Rev. Stat. § 38-1152 Expanded function dental hygienist; authorized activities.
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An expanded function dental hygienist may perform all the procedures authorized for a licensed dental hygienist. Upon completion of education and testing approved by the board and with a permit from the department for the respective competency, an expanded function dental hygieni…
Neb. Rev. Stat. § 38-1153 Dentist and Dental Hygienist Compact; compact privilege to practice.
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A person holding a compact privilege to practice in Nebraska under the Dentist and Dental Hygienist Compact may engage in the practice of dentistry or dental hygiene as authorized pursuant to such compact.
Neb. Rev. Stat. § 38-116 Director, defined.
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Director means the Director of Public Health of the Division of Public Health or his or her designee.
Neb. Rev. Stat. § 38-117 Inactive credential, defined.
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Inactive credential means a credential which the credential holder has voluntarily placed on inactive status and by which action has terminated the right to practice or represent himself or herself as having an active credential.
Neb. Rev. Stat. § 38-117.01 Low-income individual, defined.
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Low-income individual means an individual enrolled in a state or federal public assistance program, including, but not limited to, the medical assistance program established pursuant to the Medical Assistance Act, the federal Supplemental Nutrition Assistance Program, or the fede…
Neb. Rev. Stat. § 38-117.02 Military families, defined.
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Military families means active duty service members in the armed services of the United States, military spouses, honorably discharged veterans of the armed services of the United States, spouses of such honorably discharged veterans, and unremarried surviving spouses of deceased…
Neb. Rev. Stat. § 38-118 License, defined.
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License means an authorization issued by the department to an individual to engage in a profession or to a business to provide services which would otherwise be unlawful in this state in the absence of such authorization.
Neb. Rev. Stat. § 38-118.01 Military spouse, defined.
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Military spouse means the spouse of an active duty service member in the armed forces of the United States.
Neb. Rev. Stat. § 38-119 Profession, defined.
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Profession means any profession or occupation named in subsection (1) or (2) of section 38-121.
Neb. Rev. Stat. § 38-120 Registry, defined.
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Registry means a list of persons who offer a specified service or activity.
Neb. Rev. Stat. § 38-120.01 Telehealth, defined.
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Telehealth means the use of medical information electronically exchanged from one site to another, whether synchronously or asynchronously, to aid a credential holder in the diagnosis or treatment of a patient. Telehealth includes services originating from a patient's home or any…
Neb. Rev. Stat. § 38-120.02 Telemonitoring, defined.
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Telemonitoring means the remote monitoring of a patient's vital signs, biometric data, or subjective data by a monitoring device which transmits such data electronically to a credential holder for analysis and storage.
Neb. Rev. Stat. § 38-120.03 Young worker, defined.
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Young worker means (1) for an initial credential under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, except for a body art license, an applicant who is between the ages of seventeen and twenty-five years or (2) for an initial credential issu…
Neb. Rev. Stat. § 38-1201 Act, how cited.
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Sections 38-1201 to 38-1239 shall be known and may be cited as the Emergency Medical Services Practice Act.
Neb. Rev. Stat. § 38-1202 Legislative intent; act; how construed.
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It is the intent of the Legislature in enacting the Emergency Medical Services Practice Act to (1) effectuate the delivery of quality emergency medical care in the state, (2) provide for the appropriate licensure of persons providing emergency medical care and licensure of organi…
Neb. Rev. Stat. § 38-1203 Legislative findings.
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The Legislature finds: (1) That emergency medical care is a primary and essential health care service and that the presence of an adequately equipped ambulance and trained emergency care providers may be the difference between life and death or permanent disability to those perso…
Neb. Rev. Stat. § 38-1204 Definitions, where found.
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For purposes of the Emergency Medical Services Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1204.01 to 38-1214 apply.
Neb. Rev. Stat. § 38-1204.01 Advanced emergency medical technician practice of emergency medical care, defined.
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Advanced emergency medical technician practice of emergency medical care means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for an advanced emergency medical technician. Such care includes, but is not limit…
Neb. Rev. Stat. § 38-1205 Ambulance, defined.
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Ambulance means any privately or publicly owned motor vehicle or aircraft that is especially designed, constructed or modified, and equipped and is intended to be used and is maintained or operated for the overland or air transportation of patients upon the streets, roads, highwa…