Chapter 38, HEALTH OCCUPATIONS AND PROFESSIONS

1,388 sections in this chapter.

1,388 sectionsFiltered byCh 38

Neb. Rev. Stat. § 38-1061 Licensure; categories; use of titles prohibited; practice in licensed establishment or facility.
0.8K chars
(1) All practitioners shall be licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act in a category or categories appropriate to their practice. (2) Licensure shall be required before any person may engage in the full,…
Neb. Rev. Stat. § 38-1062 Licensure by examination; requirements.
2.4K chars
In order to be licensed by the department by examination, an individual shall meet, and present to the department evidence of meeting, the following requirements: (1) Has attained the age of seventeen years on or before the beginning date of the examination for which application …
Neb. Rev. Stat. § 38-1063 Application for examination.
0.3K chars
No application for any type of licensure shall be considered complete unless all information requested in the application has been supplied, all seals and signatures required have been obtained, and all supporting and documentary evidence has been received by the department.
Neb. Rev. Stat. § 38-1064 Licensure; examinations; duties; examinees.
0.6K chars
(1) The board shall approve and the department shall cause examinations to be administered as required for licensure under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act for the purpose of establishing the possession of minimum competency in t…
Neb. Rev. Stat. § 38-1065 Examinations; requirements; grades.
0.7K chars
(1) Examinations approved by the board may be national standardized examinations, but in all cases the examinations shall be related to the knowledge and skills necessary to perform the practices being examined and shall be related to the curricula required to be taught in school…
Neb. Rev. Stat. § 38-1066 Reciprocity; requirements; military spouse; temporary license.
3.1K chars
(1) The department may grant a license based on licensure in another jurisdiction to any person who meets the requirements of subdivisions (1) and (2) of section 38-1062 and who presents proof of the following: (a) That he or she is currently licensed in the appropriate category …
Neb. Rev. Stat. § 38-1067 Foreign-trained applicants; examination requirements.
0.8K chars
(1) Applicants for Nebraska licensure who received their training in foreign countries may not be licensed by waiver of examination except as provided in section 38-129.01. In order to be considered eligible to take the examination, they shall meet the requirements of subdivision…
Neb. Rev. Stat. § 38-1068 License; display.
0.4K chars
Every person holding a license issued by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall display it in a conspicuous place in his or her principal place of employment, and every cosmetology establishment and body art …
Neb. Rev. Stat. § 38-1069 License; when required; temporary practitioner; license.
0.3K chars
A license as a temporary practitioner shall be required before any person may act as a temporary practitioner, and no person shall assume any title indicative of being a temporary practitioner without first being so licensed by the department under the Cosmetology, Electrology, E…
Neb. Rev. Stat. § 38-107 Alcohol or substance abuse, defined.
0.7K chars
Alcohol or substance abuse means a maladaptive pattern of alcohol or substance use leading to clinically significant impairment or distress as manifested by one or more of the following occurring at any time during the same twelve-month period: (1) Recurrent alcohol or substance …
Neb. Rev. Stat. § 38-1070 Temporary license; general requirements.
0.3K chars
An individual making application for a temporary license, other than a temporary license issued as provided in section 38-129.01, shall meet, and present to the department evidence of meeting, the requirements for the specific type of license applied for.
Neb. Rev. Stat. § 38-1071 Temporary, nonrenewable event license; body art event; authorized practice; requirements; fee; inspection; violation.
2.1K chars
(1) The department shall create and issue a temporary, nonrenewable event license for an individual who is attending a body art event which shall allow the individual to practice for no more than seven consecutive days in any twelve-month period. No more than two temporary event …
Neb. Rev. Stat. § 38-1073 Licensure as temporary practitioner; requirements.
0.4K chars
An applicant for licensure as a temporary practitioner shall show evidence that his or her completed application for regular licensure has been accepted by the department, that he or she has not failed any portion of the licensure examination, and that he or she has been accepted…
Neb. Rev. Stat. § 38-1074 Temporary licensure; expiration dates; extension.
0.2K chars
Licensure as a temporary practitioner shall expire eight weeks following the date of issuance or upon receipt of examination results, whichever occurs first. The department may extend the license an additional eight weeks.
Neb. Rev. Stat. § 38-1075 Act; activities exempt.
1.9K chars
The Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act does not apply to or restrict the activities of the following: (1) Any person holding a current license or certificate issued pursuant to the Uniform Credentialing Act when engaged in the usual an…
Neb. Rev. Stat. § 38-1076 Epilators; requirements.
0.1K chars
All epilators used by an electrologist shall be approved by the federal Food and Drug Administration.
Neb. Rev. Stat. § 38-1077 Continuing competency requirements; waiver; limited exemptions.
1.2K chars
The department, with the recommendation of the board, may waive continuing competency requirements, in part or in total, for any two-year licensing period when a licensee submits documentation that circumstances beyond his or her control prevented completion of such requirements …
Neb. Rev. Stat. § 38-1078 Cosmetology establishment; license required; conditions.
0.6K chars
No person shall operate or profess or attempt to operate a cosmetology establishment unless such establishment is licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. The department shall not issue or renew a licens…
Neb. Rev. Stat. § 38-1079 Licensed cosmetology establishment; nail technology services.
0.2K chars
A licensed cosmetology establishment is not required to be licensed as a nail technology salon to provide nail technology services by either a licensed cosmetologist or by a licensed nail technologist.
Neb. Rev. Stat. § 38-108 Board, defined; no board established by statute; effect.
0.3K chars
Board means one of the boards appointed by the State Board of Health pursuant to section 38-158 or appointed by the Governor pursuant to the Emergency Medical Services Practice Act. For professions for which there is no board established by statute, the duties normally carried ou…
Neb. Rev. Stat. § 38-1080 Body art facility; license required; renewal.
1.7K chars
(1) No person shall establish or operate a body art facility in this state unless such facility is licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. The department shall not issue or renew a license for a body ar…
Neb. Rev. Stat. § 38-1081 Body art facility; operating requirements.
1.4K chars
(1) In order to maintain a license in good standing, each body art facility or the owner of such facility or his or her agent shall: (a) At all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and a…
Neb. Rev. Stat. § 38-1082 Salon, defined.
0.1K chars
For purposes of sections 38-1083 to 38-1090, salon means cosmetology salon and esthetics salon.
Neb. Rev. Stat. § 38-1083 Salon; license; requirements.
2.4K chars
In order to be licensed as a salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements: (1) The proposed salon shall be a fixed, permanent structure or part of one; (2) The proposed salon shall be physically se…
Neb. Rev. Stat. § 38-1084 Salon license; application; procedure; additional information.
0.7K chars
Any person seeking a license to operate a salon shall submit a completed application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, the application shall be submitted at l…
Neb. Rev. Stat. § 38-1085 Salon; application; review; denial; issuance; inspection.
1.2K chars
Each application for a license to operate a salon shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. In the event an application is denied, the applicant shall be informe…
Neb. Rev. Stat. § 38-1086 Licensed salon; operating requirements.
1.8K chars
In order to maintain its license in good standing, each salon shall operate in accordance with the following requirements: (1) The salon shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act…
Neb. Rev. Stat. § 38-1087 Salon license; renewal; insurance.
0.3K chars
The procedure for renewing a salon license shall be in accordance with section 38-143, except that in addition to all other requirements, the salon shall submit evidence of minimal property damage, bodily injury, and liability insurance coverage for the salon.
Neb. Rev. Stat. § 38-1088 Salon license; revoked or expired; effect.
0.2K chars
The license of a salon that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such salon may reopen for business.
Neb. Rev. Stat. § 38-1089 Salon license; change of ownership or location; effect.
0.3K chars
Each salon license issued shall be in effect solely for the owner or owners and premises named thereon and shall expire automatically upon any change of ownership or location. An original application for licensure shall be submitted and approved before such salon may reopen for b…
Neb. Rev. Stat. § 38-109 Business, defined.
0.1K chars
Business means a person engaged in providing services listed in subsection (3) of section 38-121.
Neb. Rev. Stat. § 38-1090 Salon owner; liability.
0.2K chars
The owner of each salon shall have full responsibility for ensuring that the salon is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the salon.
Neb. Rev. Stat. § 38-1097 School of cosmetology; license; requirements.
1.0K chars
In order to be licensed as a school of cosmetology by the department, an applicant shall meet and present to the department evidence of meeting the following requirements: (1) The proposed school shall be a fixed permanent structure or part of one; (2) The proposed school shall h…
Neb. Rev. Stat. § 38-1098 School of cosmetology license; school of esthetics license; application.
0.4K chars
Any person seeking a license to operate a school of cosmetology or school of esthetics shall submit a completed application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, …
Neb. Rev. Stat. § 38-1099 School of cosmetology license; school of esthetics license; application; additional information.
0.6K chars
Along with the application the applicant for a license to operate a school of cosmetology or school of esthetics shall submit: (1) A detailed floor plan or blueprint of the proposed school building sufficient to show compliance with the relevant rules and regulations; (2) Evidenc…
Neb. Rev. Stat. § 38-110 Certificate, defined.
0.2K chars
Certificate means an authorization issued by the department that gives a person the right to use a protected title that only a person who has met specific requirements may use.
Neb. Rev. Stat. § 38-1101 Act, how cited.
0.1K chars
Sections 38-1101 to 38-1153 shall be known and may be cited as the Dentistry Practice Act.
Neb. Rev. Stat. § 38-1102 Definitions, where found.
0.2K chars
For purposes of the Dentistry Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1102.01 to 38-1113 apply.
Neb. Rev. Stat. § 38-1102.01 Accredited dental assisting program, defined.
0.4K chars
Accredited dental assisting program means a program that is accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body, that is within a school or college appr…
Neb. Rev. Stat. § 38-1103 Accredited dental hygiene program, defined.
0.4K chars
Accredited dental hygiene program means a program that is accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body, that is within a school or college approv…
Neb. Rev. Stat. § 38-1104 Accredited school or college of dentistry, defined.
0.3K chars
Accredited school or college of dentistry means a school or college approved by the board and accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body.
Neb. Rev. Stat. § 38-1105 Analgesia, defined.
0.1K chars
Analgesia means the diminution or elimination of pain in the conscious patient.
Neb. Rev. Stat. § 38-1106 Board, defined.
0.0K chars
Board means the Board of Dentistry.
Neb. Rev. Stat. § 38-1106.01 Deep sedation, defined.
0.4K chars
Deep sedation means a drug-induced depression of consciousness during which (1) a patient cannot be easily aroused but responds purposefully following repeated or painful stimulation, (2) the ability to independently maintain ventilatory function may be impaired, (3) a patient ma…
Neb. Rev. Stat. § 38-1107 Dental assistant, defined.
0.3K chars
Dental assistant means a person who does not hold a license under the Dentistry Practice Act and who is employed for the purpose of assisting a licensed dentist in the performance of his or her clinical and clinical-related duties as described in section 38-1135.
Neb. Rev. Stat. § 38-1107.01 Expanded function dental assistant, defined.
0.2K chars
Expanded function dental assistant means a licensed dental assistant who has met the requirements to practice as an expanded function dental assistant pursuant to section 38-1118.03.
Neb. Rev. Stat. § 38-1107.02 Expanded function dental hygienist, defined.
0.2K chars
Expanded function dental hygienist means a licensed dental hygienist who has met the requirements to practice as an expanded function dental hygienist pursuant to section 38-1118.01.
Neb. Rev. Stat. § 38-1108 General anesthesia, defined.
0.5K chars
General anesthesia means a drug-induced loss of consciousness during which (1) a patient is not arousable, even by painful stimulation, (2) the ability to independently maintain ventilatory function is often impaired, (3) a patient often requires assistance in maintaining a paten…
Neb. Rev. Stat. § 38-1109 General supervision, defined.
0.2K chars
General supervision means the directing of the authorized activities of a dental hygienist or dental assistant by a licensed dentist and shall not be construed to require the physical presence of the supervisor when directing such activities.
Neb. Rev. Stat. § 38-111 Consumer, defined.
0.2K chars
Consumer means a person receiving health or health-related services or environmental services and includes a patient, client, resident, customer, or person with a similar designation.