Chapter 38, HEALTH OCCUPATIONS AND PROFESSIONS
1,388 sections in this chapter.
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.
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…