Chapter 38, HEALTH OCCUPATIONS AND PROFESSIONS
1,388 sections in this chapter.
Neb. Rev. Stat. § 38-1110 Indirect supervision, defined.
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Indirect supervision means supervision when the licensed dentist authorizes the procedure to be performed by a dental hygienist or dental assistant and the licensed dentist is physically present on the premises when such procedure is being performed by the dental hygienist pursua…
Neb. Rev. Stat. § 38-1111 Inhalation analgesia, defined.
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Inhalation analgesia means the administration of nitrous oxide and oxygen to diminish or eliminate pain in a conscious patient.
Neb. Rev. Stat. § 38-1111.01 Licensed dental assistant, defined.
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Licensed dental assistant means a dental assistant who holds a license to practice as a dental assistant under the Dentistry Practice Act.
Neb. Rev. Stat. § 38-1111.02 Licensed dental hygienist, defined.
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Licensed dental hygienist means a person who holds a license to practice dental hygiene under the Dentistry Practice Act.
Neb. Rev. Stat. § 38-1112 Minimal sedation, defined.
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Minimal sedation means a drug-induced depression of consciousness during which (1) a patient retains the ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command, (2) cognitive function and coordination may be mod…
Neb. Rev. Stat. § 38-1113 Moderate sedation, defined.
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Moderate sedation means a drug-induced depression of consciousness during which (1) a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation, (2) no intervention is required to maintain a patent airway and spontaneous ventilatio…
Neb. Rev. Stat. § 38-1114 Board; membership.
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The board shall have ten members. The members shall consist of two public members; six licensed dentists, including one official or member of the instructional staff from each accredited school or college of dentistry in this state; and two licensed dental hygienists.
Neb. Rev. Stat. § 38-1115 Dentistry practice, defined.
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Any person shall be deemed to be practicing dentistry who: (1) Performs, or attempts or professes to perform, any dental operation or oral surgery or dental service of any kind, gratuitously or for a salary, fee, money, or other remuneration paid, or to be paid directly or indire…
Neb. Rev. Stat. § 38-1116 Dentistry practice; exceptions.
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The Dentistry Practice Act shall not require licensure as a dentist under the act for: (1) The practice of his or her profession by a physician or surgeon licensed as such under the laws of this state unless he or she practices dentistry as a specialty; (2) The giving by a qualif…
Neb. Rev. Stat. § 38-1117 Dentistry; license; examination; requirements.
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(1) Every applicant for a license to practice dentistry shall (a) present proof of graduation with a Doctor of Dental Surgery degree or a Doctor of Dental Medicine degree from an accredited school or college of dentistry, (b) pass an examination approved by the Board of Dentistry…
Neb. Rev. Stat. § 38-1118 Dental hygienists; application for license; examination; qualifications; license.
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(1) Every applicant for a license to practice dental hygiene shall (a) present proof of graduation from an accredited dental hygiene program, (b) pass an examination approved by the Board of Dentistry which shall consist of the National Board Dental Hygiene Examination as constru…
Neb. Rev. Stat. § 38-1118.01 Expanded function dental hygiene; application for permit; qualifications.
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(1) Every applicant for a permit to practice expanded function dental hygiene shall (a) present proof of current, valid licensure under the Dentistry Practice Act as a licensed dental hygienist at the time of application, (b) present proof of at least one thousand five hundred ho…
Neb. Rev. Stat. § 38-1118.02 Licensed dental assistant; application for license; qualifications.
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(1) Every applicant for a license to practice as a licensed dental assistant shall (a) have a high school diploma or its equivalent, (b) present proof of (i) graduation from an accredited dental assisting program or (ii) a minimum of one thousand five hundred hours of experience …
Neb. Rev. Stat. § 38-1118.03 Expanded function dental assistant; application for permit; qualifications.
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(1) Every applicant for a permit to practice as an expanded function dental assistant shall (a) present proof of current, valid licensure under the Dentistry Practice Act as a licensed dental assistant at the time of application, (b) present proof of at least one thousand five hu…
Neb. Rev. Stat. § 38-1119 Reexamination; requirements.
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Any person who applies for a license to practice dentistry, dental hygiene, or dental assisting and who has failed on two occasions to pass any part of the practical examination shall be required to complete a course in clinical dentistry, dental hygiene, or dental assisting appr…
Neb. Rev. Stat. § 38-112 Course of study, defined.
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Course of study means a program of instruction necessary to obtain a credential meeting the requirements set out for each profession in the appropriate practice act and rules and regulations and includes a college, a professional school, a vocational school, hours of training, or…
Neb. Rev. Stat. § 38-1120 Dentist; reciprocity; requirements.
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Every applicant for a license to practice dentistry based on a license in another state or territory of the United States or the District of Columbia shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice of denti…
Neb. Rev. Stat. § 38-1121 Dental hygienist; licensed dental assistant; reciprocity; requirements; military license; temporary license.
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(1) Every applicant for a license to practice dental hygiene based on a license in another state or territory of the United States or the District of Columbia shall meet the standards set by the board pursuant to section 38-126 and shall have been actively engaged in the practice…
Neb. Rev. Stat. § 38-1122 Dental locum tenens; issuance; requirements; term.
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When circumstances indicate a need for the issuance of a dental locum tenens in the State of Nebraska, the department, with the recommendation of the board, may issue a dental locum tenens to an individual who holds an active license to practice dentistry in another state if the …
Neb. Rev. Stat. § 38-1123 Dentist; resident license; requirements; term; renewal.
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(1) The department, with the recommendation of the board, shall issue a resident license to any person who (a)(i) presents proof of graduation with a doctorate degree in dental surgery or dental medicine from an accredited school or college of dentistry, (ii) is enrolled in an ac…
Neb. Rev. Stat. § 38-1124 Faculty license; practice; limitations; requirements; renewal; continuing competency.
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(1) The department, with the recommendation of the board, shall issue a faculty license to any person who meets the requirements of subsection (3) or (4) of this section. A faculty licensee may practice dentistry as a faculty member at an accredited school or college of dentistry…
Neb. Rev. Stat. § 38-1125 Practitioner's facility; requirements; inspections; rules and regulations.
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(1) For purposes of this section, practitioner's facility means a facility in which a licensed dentist practices his or her profession, other than a facility licensed pursuant to the Health Care Facility Licensure Act. (2) The department shall adopt and promulgate rules and regul…
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.