Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-1419 Funeral establishment; qualifications; relocation; change of manager; change of name.
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(1) In order for a funeral establishment to be licensed, it shall employ as its manager a licensed funeral director and embalmer who shall be responsible for all transactions conducted in the funeral establishment, except that any person holding a valid license as a funeral direc…
Neb. Rev. Stat. § 38-142 Credential; expiration date; renewal; reinstatement; inactive status.
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(1) The credential to practice a profession shall be renewed biennially upon request of the credentialed person and upon documentation of continuing competency pursuant to sections 38-145 and 38-146. The renewals provided for in this section shall be accomplished in such manner a…
Neb. Rev. Stat. § 38-1420 Branch establishment; application for license; qualifications; relocation; change of manager; change of name.
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(1) If the applicant for a branch establishment license proposes to operate more than one branch establishment, a separate application and fee shall be required for each location. (2) A branch establishment desiring to relocate shall make application to the department at least th…
Neb. Rev. Stat. § 38-1421 Reciprocity; military spouse; temporary license.
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The department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to an individual who meets the requirements of the Funeral Directing and Embalming Practice Act or substantially equivalent requirements as determined by the depar…
Neb. Rev. Stat. § 38-1422 Fees.
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The department shall establish and collect fees for credentialing under the Funeral Directing and Embalming Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-1423 Prohibited acts.
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Any person, partnership, limited liability company, firm, corporation, association, or other organization which (1) without having complied with the Funeral Directing and Embalming Practice Act and without having first obtained a license (a) engages directly or indirectly in the …
Neb. Rev. Stat. § 38-1424 Funeral directors and embalmers and funeral establishments; prohibited acts; section, how construed.
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(1) In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a credential issued under the Funeral Directing and Embalming Practice Act may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against …
Neb. Rev. Stat. § 38-1425 Deceased persons; funeral and disposition arrangements; liability.
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(1) Any person signing a funeral service agreement, a cremation authorization form, or any other authorization for disposition shall be deemed to warrant the truthfulness of any facts set forth in such agreement, form, or authorization, including the identity of the decedent whos…
Neb. Rev. Stat. § 38-1426 Final disposition; instructions; remains of deceased person; disposition; liability.
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(1) A decedent, prior to his or her death, may direct the preparation for the final disposition of his or her remains by written instructions as provided in sections 30-2223 and 38-1425. If such instructions are in a will or other written instrument, the decedent may direct that …
Neb. Rev. Stat. § 38-1427 Autopsy; written authorization; removal of organs; when performed.
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A written authorization for an autopsy given by the person listed in section 30-2223 having the right of disposition of the remains may, subject to section 23-1824 and when not inconsistent with any directions given by the decedent pursuant to section 38-1426, include authorizati…
Neb. Rev. Stat. § 38-1428 Funeral director and embalmer; principal services; statement of costs.
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A written statement, signed by the funeral director and embalmer or legal representative, of all principal services and furnishings to be supplied by the funeral director and embalmer for the preparation and burial or cremation of the deceased, together with the actual cost of th…
Neb. Rev. Stat. § 38-1429 Assistant funeral director; collaborative agreement; examination required.
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To be eligible to enter into a collaborative agreement to act as an assistant funeral director, an individual shall provide evidence of successful completion of an approved jurisprudence examination in Nebraska law.
Neb. Rev. Stat. § 38-143 Credential to engage in business; renewal; procedure; notice of expiration.
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(1) The credential to engage in a business shall be renewed biennially upon request of the credentialed business and completion of the renewal requirements. The renewals provided for in this section shall be accomplished in such manner and on such date as the department, with the…
Neb. Rev. Stat. § 38-1430 Assistant funeral director; employment; collaborative agreement; required.
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Prior to acting as an assistant funeral director, the assistant funeral director shall be employed by a funeral director licensed pursuant to the Funeral Directing and Embalming Practice Act and shall be a party to a signed collaborative agreement with the licensed funeral direct…
Neb. Rev. Stat. § 38-1431 Assistant funeral director; principal functions; supervision required; acts prohibited.
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(1) An assistant funeral director may assist a funeral director licensed pursuant to the Funeral Directing and Embalming Practice Act with one or more of the principal functions of funeral directing, including the operation and management of a licensed funeral establishment. Such…
Neb. Rev. Stat. § 38-1432 Funeral director; employ assistant funeral director; requirements.
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A funeral director who is employing an assistant funeral director shall enter into a collaborative agreement with the assistant funeral director, supervise the assistant funeral director, and keep records of the collaborative agreement and the functions of the assistant funeral d…
Neb. Rev. Stat. § 38-144 Credential; failure to pay fees; failure to meet continuing competency requirement; effect.
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(1) The credential of any person who fails, by the expiration date of such credential, to pay the required renewal fee or to submit documentation of continuing competency shall automatically expire without further notice or hearing. (2) The department shall refuse to renew after …
Neb. Rev. Stat. § 38-145 Continuing competency requirements; board; duties.
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(1) The appropriate board shall establish continuing competency requirements for persons seeking renewal of a credential. (2) The purposes of continuing competency requirements are to ensure (a) the maintenance by a credential holder of knowledge and skills necessary to competent…
Neb. Rev. Stat. § 38-146 Continuing competency requirements; compliance; waiver; audits.
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(1) Each person holding an active credential within the state shall, on or before the date of expiration of his or her credential, comply with continuing competency requirements for his or her profession. Except as otherwise provided in this section, the department shall not rene…
Neb. Rev. Stat. § 38-147 Credential; reinstatement; application; department; powers.
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(1) Any person who desires to reinstate a credential after the date of expiration or from inactive to active status shall apply to the department for reinstatement. The credential may be reinstated upon the receipt of evidence of meeting the renewal requirements, or the requireme…
Neb. Rev. Stat. § 38-148 Credential; suspended, revoked, or other limitations; apply for reinstatement; when.
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(1) A person whose credential has been suspended or has had limitations placed thereon for any reason specified in sections 38-178 and 38-179 may apply for reinstatement of the credential at any time. The application shall include such information as may be required by the depart…
Neb. Rev. Stat. § 38-149 Application for reinstatement of credential for profession with board; when considered and acted upon; hearing; when allowed; procedure; appeal.
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(1) Upon receipt of an application under section 38-148 for reinstatement of a credential in a profession that has a board, the application shall be sent to the board for consideration. Any application for reinstatement, accompanied by the required information and documentation, …
Neb. Rev. Stat. § 38-150 Application for reinstatement of credential for profession without board; department; procedure; hearing; when allowed; appeal.
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(1) Upon receipt of an application for reinstatement of a credential in a profession that does not have a board, the application shall be considered by the department. (2) The department may: (a) Conduct an investigation to determine if the applicant has committed acts or offense…
Neb. Rev. Stat. § 38-1501 Act, how cited.
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Sections 38-1501 to 38-1528 shall be known and may be cited as the Hearing Instrument Specialists Practice Act.
Neb. Rev. Stat. § 38-1502 Definitions, where found.
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For purposes of the Hearing Instrument Specialists Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1503 to 38-1507 apply.
Neb. Rev. Stat. § 38-1503 Board, defined.
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Board means the Board of Hearing Instrument Specialists.
Neb. Rev. Stat. § 38-1504 Hearing instrument, defined.
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Hearing instrument means any wearable instrument or device designed for, offered for the purpose of, or represented as aiding persons with or compensating for impaired hearing. Hearing instrument does not include a wearable instrument or device with an implantable component such …
Neb. Rev. Stat. § 38-1504.01 Hearing instrument specialist, defined.
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Hearing instrument specialist means a person who engages in the practice of ordering the use and fitting of hearing instruments.
Neb. Rev. Stat. § 38-1505 Practice of ordering the use and fitting of hearing instruments, defined.
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(1) Practice of ordering the use and fitting of hearing instruments includes the following activities: (a) Eliciting patient case histories, including medical history, otological history, pharmacological history, amplification history, and patient attitudes and expectations; (b) …
Repealed. Laws 2025, LB332, § 41.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-1507 Temporary training license, defined.
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Temporary training license means a hearing instrument specialist license issued while the applicant is in training to become a licensed hearing instrument specialist.
Neb. Rev. Stat. § 38-1508 Board membership; qualifications.
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The board shall consist of five professional members and one public member appointed pursuant to section 38-158. Members shall meet the requirements of sections 38-164 and 38-165. The professional members shall consist of three licensed hearing instrument specialists, at least on…
Neb. Rev. Stat. § 38-1509 Practice of ordering the use and fitting of hearing instruments; license required; exceptions; organization; filing required.
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(1)(a) Except as otherwise provided in this section, it shall be unlawful for any person to engage in the practice of ordering the use and fitting of hearing instruments or display a sign or in any other way advertise or represent that the person is engaged in the practice of ord…
Neb. Rev. Stat. § 38-151 Credentialing system; administrative costs; how paid; patient safety fee.
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(1) It is the intent of the Legislature that the revenue to cover the cost of the credentialing system administered by the department is to be derived from General Funds, cash funds, federal funds, gifts, grants, or fees from individuals or businesses seeking credentials except a…
Neb. Rev. Stat. § 38-1510 Licensed hearing instrument specialist; services; restriction; applicability of act.
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(1) A licensed hearing instrument specialist shall only provide services to an individual who is eighteen years of age or older unless prohibited by federal law. (2) The Hearing Instrument Specialists Practice Act does not change the scope of practice of a licensed audiologist. (…
Neb. Rev. Stat. § 38-1511 Sale; written contract; required; conditions.
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(1) A licensed hearing instrument specialist shall enter into a written contract for each sale of a hearing instrument which states the terms of the sale. (2)(a) A licensed hearing instrument specialist shall, at the time of delivery of the hearing instrument, provide the patient…
Neb. Rev. Stat. § 38-1512 License; examination; conditions; waiver.
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(1) Any person may obtain a hearing instrument specialist license under the Hearing Instrument Specialists Practice Act by successfully passing a qualifying examination pursuant to section 38-1514 if the applicant provides verification to the department, on a form provided by the…
Neb. Rev. Stat. § 38-1513 Temporary training license; issuance; supervision; renewal.
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(1) The department, with the recommendation of the board, shall issue a temporary training license to any person who has met the requirements for licensure as a hearing instrument specialist pursuant to subdivisions (1)(a) and (b) of section 38-1512. Previous experience or a wait…
Neb. Rev. Stat. § 38-1514 Examination for licensure; contents; purpose.
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(1) The examination required by section 38-1512 for licensure as a hearing instrument specialist shall be comprised of: (a) A written or computer-based, psychometrically valid, competency examination approved by the board that tests the examinee for knowledge fundamental to the p…
Neb. Rev. Stat. § 38-1515 Applicant for licensure; continuing competency requirements.
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An applicant for licensure as a hearing instrument specialist who has met the education and examination requirements in section 38-1512, who passed the examination more than three years prior to the time of application for licensure, and who is not practicing at the time of appli…
Neb. Rev. Stat. § 38-1516 Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.
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(1) An applicant for licensure as a hearing instrument specialist who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the time of application for licensure shall present proof sati…
Neb. Rev. Stat. § 38-1517 Licensee; disciplinary action; additional grounds.
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In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a credential issued under the Hearing Instrument Specialists Practice Act may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in…
Neb. Rev. Stat. § 38-1518 Fees.
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The department shall establish and collect fees for credentialing activities under the Hearing Instrument Specialists Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-1519 Hearing assessment; required; procedures; hearing instrument; components.
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(1) A licensed hearing instrument specialist shall not engage in the practice of ordering the use and fitting of hearing instruments with respect to a patient without having conducted a face-to-face hearing assessment for the patient or having conducted or reviewed a valid and cu…
Neb. Rev. Stat. § 38-152 Base costs of credentialing.
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Base costs of credentialing are the costs that are common to all professions and businesses listed in section 38-121 and include the following: (1) Salaries and benefits for employees of the department who work with credentialing activities; (2) Shared operating costs for credent…
Neb. Rev. Stat. § 38-1520 Objective measures; required.
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A licensed hearing instrument specialist shall demonstrate the benefit of a hearing instrument fitting by using objective measures.
Neb. Rev. Stat. § 38-1521 Validation measures; required.
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A licensed hearing instrument specialist shall determine a patient's benefit with the hearing instrument fitting using validation measures, such as speech audiometry and validated communication assessment questionnaires, or any other method approved by the board for ordering the …
Neb. Rev. Stat. § 38-1522 Hearing testing; equipment; calibration; care.
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(1) A licensed hearing instrument specialist shall use the following equipment as part of any hearing testing conducted for the purpose of dispensing of hearing instruments: (a) An audiometer that has been calibrated within the twelve months preceding the test and that meets the …
Neb. Rev. Stat. § 38-1523 Cerumen removal; requirements.
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(1) Prior to engaging in cerumen removal, a licensed hearing instrument specialist shall have held a valid, undisciplined license as a licensed hearing instrument specialist for a minimum of two consecutive years and provide the board with evidence of (a) successful completion of…
Neb. Rev. Stat. § 38-1524 Consultation with otolaryngologist or physician; when advised.
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A licensed hearing instrument specialist shall advise a prospective hearing instrument user to consult promptly with an otolaryngologist, or a licensed physician if no otolaryngologist is available, before dispensing a hearing instrument if the licensee determines, through inquir…