Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-1206 Board, defined.
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Board means the Board of Emergency Medical Services.
Neb. Rev. Stat. § 38-1206.01 Emergency medical responder practice of emergency medical care, defined.
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Emergency medical responder 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 emergency medical responder. Such care includes, but is not limited to, (1) contribut…
Neb. Rev. Stat. § 38-1206.02 Community paramedic practice of emergency medical care, defined.
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Community paramedic practice of emergency medical care means care provided by an advanced emergency medical technician, emergency medical technician, emergency medical technician-intermediate, or paramedic in accordance with the knowledge and skill acquired through successful com…
Neb. Rev. Stat. § 38-1206.03 Critical care paramedic practice of emergency medical care, defined.
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Critical care paramedic practice of emergency medical care means care provided by a paramedic in accordance with the knowledge and skill acquired through successful completion of an approved program for a critical care paramedic. Such care includes, but is not limited to, (1) all…
Neb. Rev. Stat. § 38-1206.04 Emergency care provider, defined.
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Emergency care provider includes all licensure classifications of emergency care providers established pursuant to the Emergency Medical Services Practice Act. Prior to December 31, 2025, emergency care provider includes advanced emergency medical technician, community paramedic,…
Neb. Rev. Stat. § 38-1207 Emergency medical service, defined; amendment of section; how construed.
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Emergency medical service means the organization responding to a perceived individual need for medical care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. The amendment of this section by Laws 2012, LB646, shall not be constru…
Neb. Rev. Stat. § 38-1207.01 Emergency medical technician practice of emergency medical care, defined.
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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 emergency medical technician. Such care includes, but is not limited to, (1) all of …
Neb. Rev. Stat. § 38-1207.02 Emergency medical technician-intermediate practice of emergency medical care, defined.
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Emergency medical technician-intermediate 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 emergency medical technician-intermediate. Such care includes, but is n…
Transferred to section 38-1206.04.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-1208.01 Paramedic practice of emergency medical care, defined.
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Paramedic practice of emergency medical care means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for a paramedic. Such care includes, but is not limited to, (1) all of the acts that an advanced emergency med…
Neb. Rev. Stat. § 38-1208.02 Practice of emergency medical care, defined.
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Practice of emergency medical care means the performance of any act using judgment or skill based upon the United States Department of Transportation education standards and guideline training requirements, the National Highway Traffic Safety Administration's National Emergency M…
Neb. Rev. Stat. § 38-1209 Patient, defined.
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Patient means an individual who either identifies himself or herself as being in need of medical attention or upon assessment by an emergency care provider has an injury or illness requiring treatment.
Neb. Rev. Stat. § 38-121 Practices; credential required.
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(1) No individual shall engage in the following practices unless such individual has obtained a credential under the Uniform Credentialing Act: (a) Acupuncture; (b) Advanced practice nursing; (c) Alcohol and drug counseling; (d) Asbestos abatement, inspection, project design, and…
Neb. Rev. Stat. § 38-1210 Physician medical director, defined.
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Physician medical director means a qualified physician who is responsible for the medical supervision of emergency care providers and verification of skill proficiency of emergency care providers pursuant to section 38-1217.
Neb. Rev. Stat. § 38-1211 Protocol, defined.
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Protocol means a set of written policies, procedures, and directions from a physician medical director to an emergency care provider concerning the medical procedures to be performed in specific situations.
Neb. Rev. Stat. § 38-1212 Qualified physician, defined.
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Qualified physician means an individual who is licensed to practice medicine and surgery or osteopathic medicine and surgery pursuant to the Uniform Credentialing Act and meets any other requirements established by rule and regulation.
Neb. Rev. Stat. § 38-1213 Qualified physician surrogate, defined.
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Qualified physician surrogate means a qualified, trained medical person designated by a qualified physician in writing to act as an agent for the physician in directing the actions or renewal of licensure of emergency care providers.
Neb. Rev. Stat. § 38-1214 Standing order, defined.
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Standing order means a direct order from the physician medical director to perform certain tasks for a patient under a specific set of circumstances.
Neb. Rev. Stat. § 38-1215 Board; members; terms; meetings; removal.
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(1) The board shall have seventeen members appointed by the Governor with the approval of a majority of the Legislature. The appointees may begin to serve immediately following appointment and prior to approval by the Legislature. (2)(a) Seven members of the board shall be active…
Neb. Rev. Stat. § 38-1216 Board; duties.
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In addition to any other responsibilities prescribed by the Emergency Medical Services Practice Act, the board shall: (1) Promote the dissemination of public information and education programs to inform the public about emergency medical service and other medical information, inc…
Neb. Rev. Stat. § 38-1217 Rules and regulations.
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The board shall adopt rules and regulations necessary to: (1) Create licensure requirements for advanced emergency medical technicians, community paramedics, critical care paramedics, emergency medical responders, emergency medical technicians, and paramedics and, until December …
Neb. Rev. Stat. § 38-1218 Curricula for licensure classification; board; powers; military spouse; temporary license.
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(1) The board may approve curricula for the licensure classifications listed in the Emergency Medical Services Practice Act. (2) The department and the board shall consider the following factors, in addition to other factors required or permitted by the Emergency Medical Services…
Neb. Rev. Stat. § 38-1218.01 Decisions of Interstate Commission for Emergency Medical Services Personnel Practice; board; duties.
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The board shall review decisions of the Interstate Commission for Emergency Medical Services Personnel Practice established pursuant to the EMS Personnel Licensure Interstate Compact. Upon approval by the commission of any action that will have the result of increasing the cost t…
Neb. Rev. Stat. § 38-1219 Department; additional rules and regulations.
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The department, with the recommendation of the board, shall adopt and promulgate rules and regulations necessary to: (1) Administer the Emergency Medical Services Practice Act; (2) Establish procedures and requirements for applications for licensure, renewal, and reinstatement in…
Neb. Rev. Stat. § 38-122 Credential; form.
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Every initial credential to practice a profession or engage in a business shall be in the form of a document under the name of the department.
Neb. Rev. Stat. § 38-1220 Act; exemptions.
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The following are exempt from the licensing requirements of the Emergency Medical Services Practice Act: (1) The occasional use of a vehicle or aircraft not designated as an ambulance and not ordinarily used in transporting patients or operating emergency care, rescue, or resusci…
Neb. Rev. Stat. § 38-1221 License; requirements.
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To be eligible for a license under the Emergency Medical Services Practice Act, an individual shall have attained the age of eighteen years and met the requirements established in accordance with section 38-1217.
Neb. Rev. Stat. § 38-1222 Fees.
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The department shall establish and collect fees for credentialing activities under the Emergency Medical Services Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-1223 Physician medical director; required.
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Each licensed emergency medical service shall have a physician medical director.
Neb. Rev. Stat. § 38-1224 Duties and activities authorized; limitations.
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(1) An emergency care provider other than an emergency medical responder may not assume the duties incident to the title or practice the skills of an emergency care provider unless he or she is acting under the supervision of a licensed health care practitioner. (2) An emergency …
Neb. Rev. Stat. § 38-1225 Patient data; confidentiality; immunity.
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(1) No patient data received or recorded by an emergency medical service or an emergency care provider shall be divulged, made public, or released by an emergency medical service or an emergency care provider, except that patient data may be released (a) for purposes of treatment…
Neb. Rev. Stat. § 38-1226 Ambulance; transportation requirements.
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No ambulance shall transport any patient upon any street, road, highway, airspace, or public way in the State of Nebraska unless such ambulance, when so transporting patients, is occupied by at least one licensed emergency care provider. Such requirement shall be met if any of th…
Neb. Rev. Stat. § 38-1227 Motor vehicle ambulance; driver privileges.
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The driver of a licensed motor vehicle ambulance who holds a valid driver's license issued by the state of his or her residence may exercise the privileges set forth in Nebraska statutes relating to emergency vehicles when responding to an emergency call or while transporting a p…
Neb. Rev. Stat. § 38-1228 Department; waive rule, regulation, or standard; when.
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The department, with the approval of the board, may, whenever it deems appropriate, waive any rule, regulation, or standard relating to the licensure of emergency medical services or emergency care providers when the lack of a licensed emergency medical service in a municipality …
Neb. Rev. Stat. § 38-1229 License; person on national registry.
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The department may issue a license to any individual who has a current certificate from the National Registry of Emergency Medical Technicians.
Neb. Rev. Stat. § 38-123 Record of credentials issued under act; department; duties; contents.
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(1) The department shall establish and maintain a record of all credentials issued pursuant to the Uniform Credentialing Act. The record shall contain identifying information for each credential holder and the credential issued pursuant to the act. (2) For individual credential h…
Neb. Rev. Stat. § 38-1230 License; sale, transfer, or assignment; prohibited.
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A license issued under the Emergency Medical Services Practice Act shall not be sold, transferred, or assigned by the holder. Any change of ownership of an emergency medical service requires a new application and a new license.
Neb. Rev. Stat. § 38-1231 Person objecting to treatment; effect.
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The Emergency Medical Services Practice Act or the rules or regulations shall not be construed to authorize or require giving any medical treatment to a person who objects to such treatment on religious or other grounds or to authorize the transportation of such person to a medic…
Neb. Rev. Stat. § 38-1232 Individual liability.
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(1) No emergency care provider, physician assistant, registered nurse, or licensed practical nurse who provides public emergency care shall be liable in any civil action to respond in damages as a result of his or her acts of commission or omission arising out of and in the cours…
Neb. Rev. Stat. § 38-1233 Emergency care provider; liability relating to consent.
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No emergency care provider shall be subject to civil liability based solely upon failure to obtain consent in rendering emergency medical, surgical, hospital, or health services to any individual regardless of age when the patient is unable to give his or her consent for any reas…
Neb. Rev. Stat. § 38-1234 Emergency care provider; liability within scope of practice.
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No act of commission or omission of any emergency care provider while rendering emergency medical care within the limits of his or her licensure or status as a trainee to a person who is deemed by the provider to be in immediate danger of injury or loss of life shall impose any l…
Neb. Rev. Stat. § 38-1235 Department; accept gifts.
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The department may accept from any person, in the name of and for the state, services, equipment, supplies, materials, or funds by way of bequest, gift, or grant for the purposes of promoting emergency medical care. Any such funds received shall be remitted to the State Treasurer…
Neb. Rev. Stat. § 38-1236 Act; construction with other laws.
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The provisions of the Emergency Medical Services Practice Act shall not be construed to supersede, limit, or otherwise affect the state emergency management laws or any interstate civil defense compact participated in by the State of Nebraska dealing with the licenses for profess…
Neb. Rev. Stat. § 38-1237 Prohibited acts.
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It shall be unlawful for any person who has not been licensed pursuant to the Emergency Medical Services Practice Act or authorized pursuant to the EMS Personnel Licensure Interstate Compact to hold himself or herself out as an emergency care provider, to use any other term to in…
Neb. Rev. Stat. § 38-1238 Overdose; emergency medical service; report; department; report; prohibited acts.
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(1) An emergency medical service that treats and releases, or transports to a medical facility, an individual experiencing a suspected overdose or an actual overdose shall report the incident to the department. A report of an overdose made under this section shall include the inf…
Neb. Rev. Stat. § 38-1239 Law enforcement canine; transportation and emergency medical care; authorized, when; immune from liability.
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(1) For purposes of this section, law enforcement canine means any canine that is owned or employed in the service of any state or local law enforcement agency, the Department of Correctional Services, any local fire department, or the State Fire Marshal for the purpose of aiding…
Neb. Rev. Stat. § 38-124 Credential holder's advertisement; contents; credential; availability; identity of profession or business.
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(1) Any credential holder's advertisement for health care services shall identify the type of credential or credentials held by the credential holder pursuant to the definitions, titles, and abbreviations authorized under the practice act applicable to his or her credential or cr…
Neb. Rev. Stat. § 38-125 Certification and verification of credentials.
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(1) Upon request and payment of the required fee, the department shall provide certification of a credential which shall include a certified statement that provides information regarding the basis on which a credential was issued, the date of issuance, and whether disciplinary ac…
Neb. Rev. Stat. § 38-126 Rules and regulations; board and department; adopt.
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To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe practice of health services, health-related services, and environmental services: (1)(a) The appropriate board may adopt rules and regulations …
Neb. Rev. Stat. § 38-127 Statutes, rules, and regulations; availability; duty of department.
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The department shall have available for each profession and business regulated under the Uniform Credentialing Act the applicable statutes, rules, and regulations relative to the credentials for the appropriate profession or business.