Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-128 Legislative intent; department review of credentialed professions and businesses.
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(1) It is the intent of the Legislature that quality health care services and human services be provided to the public and basic standards be developed to protect the public health and safety and that professions be regulated by the state only when it is demonstrated that such re…
Neb. Rev. Stat. § 38-129 Issuance of credential; qualifications.
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(1) No individual shall be issued a credential under the Uniform Credentialing Act until he or she has furnished satisfactory evidence to the department that he or she is of good character and has attained the age of nineteen years except as otherwise specifically provided by sta…
Neb. Rev. Stat. § 38-129.01 Temporary credential to military spouse; issuance; period valid.
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(1) The department, with the recommendation of the appropriate board, shall issue a temporary credential to a military spouse who complies with and meets the requirements of this section pending issuance of the applicable credential under the Uniform Credentialing Act. This secti…
Neb. Rev. Stat. § 38-129.02 Credential; additional method of issuance based on reciprocity; eligibility; requirements; applicability.
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(1) This section provides an additional method of issuing a credential based on reciprocity and is supplemental to the methods of credentialing found in the various practice acts within the Uniform Credentialing Act. Any person required to be credentialed under any of the various…
Neb. Rev. Stat. § 38-130 Credential; application; contents.
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(1) An individual shall file an application for a credential to practice a profession with the department accompanied by the fee set pursuant to the Uniform Credentialing Act. The application may be submitted up to ninety days prior to the date of the applicant's graduation from …
Neb. Rev. Stat. § 38-1301 Act, how cited.
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Sections 38-1301 to 38-1315 shall be known and may be cited as the Environmental Health Specialists Practice Act.
Neb. Rev. Stat. § 38-1302 Definitions, where found.
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For purposes of the Environmental Health Specialists Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1303 to 38-1306 apply.
Neb. Rev. Stat. § 38-1303 Board, defined.
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Board means the Board of Registered Environmental Health Specialists.
Neb. Rev. Stat. § 38-1304 Environmental health specialist, defined.
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Environmental health specialist means a person who by education and experience in the physical, biological, and sanitary sciences is qualified to carry out educational, investigational, and technical duties in the field of environmental sanitation.
Neb. Rev. Stat. § 38-1305 Provisional environmental health specialist, defined.
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Provisional environmental health specialist means a person who is qualified by education but does not have at least two full years of experience in the field of environmental sanitation and is certified in accordance with the Environmental Health Specialists Practice Act.
Neb. Rev. Stat. § 38-1306 Registered environmental health specialist, defined.
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Registered environmental health specialist means a person who has the educational requirements and has had experience in the field of environmental sanitation required by section 38-1308 and is certified in accordance with the Environmental Health Specialists Practice Act.
Neb. Rev. Stat. § 38-1307 Board; members; qualifications; terms.
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The board shall consist of six members. One member shall be a public member who meets the requirements of section 38-165. Each of the other members shall have been engaged in environmental health for at least ten years, shall have had responsible charge of work for at least five …
Neb. Rev. Stat. § 38-1308 Certification; qualifications; exception; term.
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A person shall be eligible for certification as an environmental health specialist if he or she has graduated with a baccalaureate or higher degree from an accredited college or university, has satisfactorily completed at least forty-five quarter hours or thirty semester hours of…
Neb. Rev. Stat. § 38-1309 Provisional environmental health specialist.
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Any person meeting the educational qualifications of section 38-1308 but who does not meet the experience requirements of such section may make application for certification as a provisional environmental health specialist.
Neb. Rev. Stat. § 38-131 Criminal background check; when required.
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(1) An applicant for a license to practice as a registered nurse, a licensed practical nurse, a physical therapist, a physical therapy assistant, an athletic trainer, a psychologist, a respiratory care practitioner, an advanced emergency medical technician, an emergency medical t…
Neb. Rev. Stat. § 38-1310 Registered environmental health specialist; provisional environmental health specialist; certification; term; renewal; continuing competency requirements.
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(1) Certification as a registered environmental health specialist shall expire biennially. Certification as a provisional environmental health specialist shall be valid for one year and may be renewed for two additional one-year periods. In no case shall certification for a provi…
Neb. Rev. Stat. § 38-1311 Registered environmental health specialist; application for certification; continuing competency requirements.
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An applicant for certification as a registered environmental health specialist who has met the education and examination requirements in section 38-1308, who passed the examination more than three years prior to the time of application for certification, and who is not practicing…
Neb. Rev. Stat. § 38-1312 Registered environmental health specialist; reciprocity; continuing competency requirements; military spouse; temporary certification.
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(1) An applicant for certification as a registered environmental health specialist who has met the standards set by the board pursuant to section 38-126 for certification based on a credential in another jurisdiction but is not practicing at the time of application for certificat…
Neb. Rev. Stat. § 38-1313 Fees.
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The department shall establish and collect fees for credentialing under the Environmental Health Specialists Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-1314 Title or abbreviation; use; when.
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Only a person who holds a valid current certificate for use in this state shall have the right and privilege of using the title Registered Environmental Health Specialist and to use the abbreviation R.E.H.S. after his or her name.
Neb. Rev. Stat. § 38-1315 Certified environmental health specialist; misrepresentation; unlawful.
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It shall be unlawful for any person to represent himself or herself as a registered environmental health specialist without being duly certified and the holder of a currently valid certificate issued by the department. An individual holding a certificate of registration as a regi…
Neb. Rev. Stat. § 38-132 Examinations; application; fees.
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Any person desiring to take an examination for credentialing purposes shall make application to the department or to the organization specified by the department prior to examination on a form provided by the department or such organization. Such application shall be accompanied …
Neb. Rev. Stat. § 38-133 Approved courses of study; approval required.
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The department shall maintain a list of approved courses of study for the professions which are regulated by the Uniform Credentialing Act. The appropriate board shall make recommendations relative thereto and shall approve the list for its profession. The department shall approv…
Neb. Rev. Stat. § 38-134 Examinations; oral or practical; approval of national or other examination.
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(1) The oral or practical work portion of any examination for a credential under the Uniform Credentialing Act may be given by the members of the appropriate board, the department, or an organization approved by the appropriate board or the department if there is no board. The or…
Neb. Rev. Stat. § 38-135 Examinations; time and place.
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Examinations for credentialing shall be held on such dates and at such times and places as set by the department or the organization approved by the appropriate board or the department. Special examinations may be given at the expense of the applicant and administered by the depa…
Neb. Rev. Stat. § 38-136 Examinations; passing score; reexaminations.
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(1) In the absence of any specific requirement or provision relating to any particular profession: (a) The appropriate board may specify the passing score on credentialing examinations; (b) An examinee who fails a credentialing examination may retake the entire examination or the…
Neb. Rev. Stat. § 38-137 Examinations; records maintained; eligibility.
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(1) All questions, the answer key, and the examinees' answers connected with any examination for credentialing shall be maintained by the department, national organization, or testing service for a period of two years from the date of administration of the examination. (2) When n…
Neb. Rev. Stat. § 38-138 Inspection of business by department.
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The department may inspect or provide for the inspection of any business credentialed or applying for a credential under the Uniform Credentialing Act. The department shall issue an inspection report and provide a copy of the report to the business within ten working days after t…
Neb. Rev. Stat. § 38-139 Inspection of business by State Fire Marshal or local fire prevention personnel.
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The department may request the State Fire Marshal to inspect any business credentialed or applying for a credential under the Uniform Credentialing Act for fire safety pursuant to section 81-502. The State Fire Marshal shall assess a fee for such inspection pursuant to section 81…
Neb. Rev. Stat. § 38-140 Report of unauthorized practice or unauthorized operation of business; investigation; cease and desist order; violation; penalty.
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Every business credentialed under the Uniform Credentialing Act shall report to the department the name of every person without a credential that he or she has reason to believe is engaged in practicing any profession or operating any business for which a credential is required b…
Neb. Rev. Stat. § 38-1401 Act, how cited.
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Sections 38-1401 to 38-1432 shall be known and may be cited as the Funeral Directing and Embalming Practice Act.
Neb. Rev. Stat. § 38-1402 Definitions, where found.
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For purposes of the Funeral Directing and Embalming Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1403 to 38-1413 apply.
Neb. Rev. Stat. § 38-1403 Accredited school of mortuary science, defined.
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Accredited school of mortuary science means a school of the same type as those rated Class A by the Conference of Funeral Service Examining Boards of the United States, Inc., approved by the board.
Neb. Rev. Stat. § 38-1404 Apprentice, defined.
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Apprentice means a person registered with the department as an apprentice who is completing a twelve-month apprenticeship under the supervision of a licensed funeral director and embalmer practicing in the State of Nebraska. The licensed funeral director and embalmer is responsib…
Neb. Rev. Stat. § 38-1404.01 Assistant funeral director, defined.
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Assistant funeral director means a person who assists a funeral director licensed pursuant to the Funeral Directing and Embalming Practice Act.
Neb. Rev. Stat. § 38-1405 Board, defined.
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Board means the Board of Funeral Directing and Embalming.
Neb. Rev. Stat. § 38-1406 Branch establishment, defined.
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Branch establishment means a place of business situated at a specific street address or location which is a subsidiary of a licensed funeral establishment, which contains a casket display room, a viewing area, or an area for conducting funeral services, or all of them, and where …
Neb. Rev. Stat. § 38-1407 Casket, defined.
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Casket means a receptacle for a dead human body and does not include vaults, lawn crypts, mausoleums, or other outside receptacles for caskets.
Neb. Rev. Stat. § 38-1408 Crematory authority, defined.
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Crematory authority means the legal entity subject to licensure by the department to maintain and operate a crematory and perform cremation.
Neb. Rev. Stat. § 38-1409 Embalming, defined.
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(1) Embalming means the practice of preparing a dead human body for burial or other final disposal by a licensed funeral director and embalmer or an apprentice, requesting and obtaining burial or removal permits, or assuming any of the other duties incident to the practice of emb…
Neb. Rev. Stat. § 38-141 Inspector or investigator; appointment by department.
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Whenever the department deems it necessary to appoint an inspector or investigator to assist it in performing its duty, the department may appoint a person who holds an active credential in the appropriate profession or any other qualified person who has been trained in investiga…
Neb. Rev. Stat. § 38-1410 Funeral directing, defined.
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Funeral directing means (1) counseling families or next of kin in regard to the conduct of a funeral service for a dead human body for burial, disposition, or cremation or directing or supervising burial, disposition, or cremation of dead human bodies, (2) providing for or mainta…
Neb. Rev. Stat. § 38-1411 Funeral establishment, defined.
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Funeral establishment means a place of business situated at a specific street address or location devoted to the care and preparation of dead human bodies for burial, disposition, or cremation or to conducting or arranging funeral services for dead human bodies.
Neb. Rev. Stat. § 38-1412 Licensure examination, defined.
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Licensure examination means a national standardized examination, the state jurisprudence examination, and the vital statistic forms examination.
Neb. Rev. Stat. § 38-1413 Supervision, defined.
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Supervision means the direct oversight or the easy availability of the supervising funeral director and embalmer. The first twenty-five funeral assists and embalmings performed by an apprentice shall be completed under direct onsite supervision of the supervising funeral director…
Neb. Rev. Stat. § 38-1414 Funeral directing and embalming; license; requirements.
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(1) The department shall issue a single license to practice funeral directing and embalming to applicants who meet the requirements of this section. An applicant for a license as a funeral director and embalmer shall: (a) Present satisfactory proof that the applicant has earned t…
Neb. Rev. Stat. § 38-1415 Examinations; requirements.
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When the applicant has satisfied the department that he or she either has completed a full course of instruction in an accredited school of mortuary science or has completed all but the final semester of such course, the applicant shall be eligible to take the national standardiz…
Neb. Rev. Stat. § 38-1416 Apprenticeship; apprentice license; examination.
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(1) Before beginning an apprenticeship, an applicant shall apply for an apprentice license. The applicant shall show that he or she has completed twenty of the forty hours required in subdivision (1)(a) of section 38-1414. The applicant may complete the twelve-month apprenticeshi…
Neb. Rev. Stat. § 38-1417 Teaching and demonstration; use of dead human bodies.
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The board shall have the privileges extended to them for the use of bodies for dissection, demonstrating, and teaching under the requirements of the State Anatomical Board for the distribution and delivery of dead human bodies.
Neb. Rev. Stat. § 38-1418 Violations; evidence.
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The finding of chemical substances, fluids, or gases ordinarily used in embalming or any trace thereof in a dead human body, the use of which is prohibited except by a licensed funeral director and embalmer, or the placing thereof upon a dead human body by other than a licensed f…