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