Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-1704 Board, defined.
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Board means the Board of Massage Therapy.
Neb. Rev. Stat. § 38-1705 Massage therapist, defined.
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Massage therapist means a person licensed to practice massage therapy.
Neb. Rev. Stat. § 38-1706 Massage therapy, defined.
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Massage therapy means a health care service involving the physical, mechanical, or electrical manipulation of soft tissue for therapeutic purposes or to enhance wellness and may include the use of oil, salt glows, heat lamps, and hydrotherapy. Massage therapy does not include dia…
Neb. Rev. Stat. § 38-1707 Massage therapy establishment, defined.
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Massage therapy establishment means any duly licensed place in which a massage therapist practices his or her profession of massage therapy. Massage therapy establishment includes a mobile massage therapy establishment.
Neb. Rev. Stat. § 38-1707.01 Mobile massage therapy establishment, defined.
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Mobile massage therapy establishment means a self-contained, self-supporting, enclosed mobile unit licensed under the Massage Therapy Practice Act as a mobile site for the performance of the practices of massage therapy by persons licensed under the act.
Neb. Rev. Stat. § 38-1708 Massage therapy; persons excepted.
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The Massage Therapy Practice Act shall not be construed to include the following classes of persons: (1) Licensed physicians and surgeons, osteopathic physicians, chiropractors, registered nurses, practical nurses, cosmetologists, estheticians, nail technicians, physical therapis…
Neb. Rev. Stat. § 38-1709 School or establishment; massage therapist; license required.
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No person shall engage in the practice of massage therapy or the operation of a massage therapy school or establishment unless he or she obtains a license from the department for that purpose.
Neb. Rev. Stat. § 38-171 Board; advisory committee or body; compensation; limitation; expenses.
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Each member of a board shall, in addition to necessary traveling and lodging expenses, receive a per diem for each day actually engaged in the discharge of his or her duties, including compensation for the time spent in traveling to and from the place of conducting business. Trav…
Neb. Rev. Stat. § 38-1710 Massage therapy license; applicant; qualifications.
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Every applicant for an initial license to practice massage therapy shall (1) present satisfactory evidence that he or she has attained the age of nineteen years, (2) present proof of graduation from an approved massage therapy school, and (3) pass an examination prescribed by the…
Neb. Rev. Stat. § 38-1711 Massage therapy; temporary license; requirements; applicability of section.
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(1) A temporary license to practice massage therapy may be granted to any person who meets all the requirements for a license except passage of the licensure examination required by section 38-1710. A temporary licensee shall be supervised in his or her practice by a licensed mas…
Neb. Rev. Stat. § 38-1712 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 Massage Therapy Practice Act or substantially equivalent requirements as determined by the department, with the …
Neb. Rev. Stat. § 38-1713 Fees.
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The department shall establish and collect fees for credentialing under the Massage Therapy Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-1714 Unprofessional conduct.
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For purposes of the Massage Therapy Practice Act, unprofessional conduct includes the conduct listed in section 38-179 and the provision by a massage therapist of sexual stimulation as part of massage therapy.
Transferred to section 38-1725.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-1716 Massage therapy establishment; license required.
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No person shall operate or profess or attempt to operate a massage therapy establishment unless such establishment is licensed by the department under the Massage Therapy Practice Act. The department shall not issue or renew a license for a massage therapy establishment until all…
Neb. Rev. Stat. § 38-1717 Mobile massage therapy establishment; applicant; requirements.
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In order to be licensed as a mobile massage therapy establishment by the department, an applicant shall meet the following requirements: (1) The proposed establishment is a self-contained, self-supporting, enclosed mobile unit; (2) The establishment has an automobile insurance li…
Neb. Rev. Stat. § 38-1718 Mobile massage therapy establishment; application; floor plan or blueprint.
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Any person seeking a license to operate a mobile massage therapy establishment shall submit a completed application to the department, and along with the application, the applicant shall submit a detailed floor plan or blueprint of the proposed establishment sufficient to demonst…
Neb. Rev. Stat. § 38-1719 Mobile massage therapy establishment; application; review; denial; inspection; issuance of permanent license.
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Each application for a license to operate a mobile massage therapy establishment shall be reviewed by the department for compliance with the requirements of the Massage Therapy Practice Act and the rules and regulations adopted and promulgated by the department under the act. If …
Neb. Rev. Stat. § 38-172 Board; national organization or related meetings; attendance.
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Each board may select one or more of its members to attend the annual meeting of the national organization of state boards of such profession or other related meetings. Any member so selected shall receive his or her necessary traveling and lodging expenses in attending such meet…
Neb. Rev. Stat. § 38-1720 Mobile massage therapy establishment; operation; requirements.
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In order to maintain its license in good standing, each mobile massage therapy establishment shall operate in accordance with the following requirements: (1) The establishment shall at all times comply with all applicable provisions of the Massage Therapy Practice Act and all rul…
Neb. Rev. Stat. § 38-1721 Mobile massage therapy establishment license; renewal; procedure; insurance.
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The procedure for renewing a mobile massage therapy establishment license shall be in accordance with section 38-143, except that in addition to all other requirements, the establishment shall submit evidence of minimal property damage, bodily injury, and liability insurance cove…
Neb. Rev. Stat. § 38-1722 Mobile massage therapy establishment license revoked or expired; not reinstated.
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The license of a mobile massage therapy establishment that has been revoked or expired for any reason shall not be reinstated. An original application for licensure shall be submitted and approved before such establishment may reopen for business.
Neb. Rev. Stat. § 38-1723 Mobile massage therapy establishment license; change of ownership or mobile unit; effect.
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Each mobile massage therapy establishment license issued shall be in effect solely for the owner or owners and the mobile unit named thereon and shall expire automatically upon any change of ownership or mobile unit. An original application for licensure shall be submitted and ap…
Neb. Rev. Stat. § 38-1724 Mobile massage therapy establishment; owner; duties.
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The owner of each mobile massage therapy establishment shall have full responsibility for ensuring that the establishment is operated in compliance with all applicable laws, rules, and regulations and shall be liable for any and all violations occurring in the establishment.
Neb. Rev. Stat. § 38-1725 Rules and regulations.
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The department may adopt and promulgate rules and regulations as it may deem necessary with reference to the conditions under which the practice of massage therapy shall be carried on and the precautions necessary to be employed to prevent the spread of infectious and contagious …
Neb. Rev. Stat. § 38-173 Board; liability; exemption; when.
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No member of a board, no expert retained by the department, and no member of a profession who provides consultation to or testimony for the department shall be liable in damages to any person for slander, libel, defamation of character, breach of any privileged communication, or …
Neb. Rev. Stat. § 38-174 Department; responsibilities; costs; how paid.
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The department shall be responsible for the general administration of the activities of each of the boards. The cost of operation and administration of the boards shall be paid from the General Fund and the Professional and Occupational Credentialing Cash Fund.
Neb. Rev. Stat. § 38-175 Licensee Assistance Program; authorized; participation; immunity from liability; confidentiality; referral; limitation.
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(1) The department may contract to provide a Licensee Assistance Program to credential holders regulated by the department. The program shall be limited to providing education, referral assistance, and monitoring of compliance with treatment for abuse of, dependence on, or active…
Neb. Rev. Stat. § 38-176 Director; jurisdiction of proceedings; grounds for denial of credential.
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(1) The director shall have jurisdiction of proceedings (a) to deny the issuance of a credential, (b) to refuse renewal of a credential, and (c) to discipline a credential holder. (2) Except as otherwise provided in section 38-1,119, if an applicant for an initial credential or f…
Neb. Rev. Stat. § 38-177 Disciplinary actions; terms, defined.
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For purposes of sections 38-178, 38-179, and 38-184: (1) Confidential information means information protected as privileged under applicable law; (2) Conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere or non vult contendere made to a …
Neb. Rev. Stat. § 38-178 Disciplinary actions; grounds.
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Except as otherwise provided in sections 38-1,119 to 38-1,123, a credential to practice a profession may be issued subject to discipline, denied, refused renewal, or have other disciplinary measures taken against it in accordance with section 38-183, 38-185, or 38-186 on any of t…
Neb. Rev. Stat. § 38-179 Disciplinary actions; unprofessional conduct, defined.
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For purposes of section 38-178, unprofessional conduct means any departure from or failure to conform to the standards of acceptable and prevailing practice of a profession or the ethics of the profession, regardless of whether a person, consumer, or entity is injured, or conduct…
Neb. Rev. Stat. § 38-180 Disciplinary actions; evidence of discipline by another state or jurisdiction.
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For purposes of subdivision (12) of section 38-178, a certified copy of the record of denial, refusal of renewal, limitation, suspension, or revocation of a license, certificate, registration, or other similar credential or the taking of other disciplinary measures against it by …
Neb. Rev. Stat. § 38-1801 Act, how cited.
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Sections 38-1801 to 38-1823 shall be known and may be cited as the Medical Nutrition Therapy Practice Act.
Neb. Rev. Stat. § 38-1802 Legislative findings.
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(1) The Legislature finds that: (a) The unregulated practice of medical nutrition therapy can clearly harm or endanger the health, safety, and welfare of the public; (b) The public can reasonably be expected to benefit from an assurance of initial and continuing professional abil…
Neb. Rev. Stat. § 38-1803 Definitions, where found.
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For purposes of the Medical Nutrition Therapy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1803.01 to 38-1810.05 apply.
Neb. Rev. Stat. § 38-1803.01 Appropriate supervision, defined.
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Appropriate supervision means the specific type, intensity, and frequency of supervision determined by an assessment of a combination of factors, which include discipline, level of education and experience of the supervisee, and assigned level of responsibility.
Repealed. Laws 2023, LB227, § 121.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-1805 Board, defined.
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Board means the Board of Medical Nutrition Therapy.
Neb. Rev. Stat. § 38-1806 Consultation, defined.
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Consultation means conferring with a physician, nurse practitioner, or physician assistant regarding the provision of medical nutrition therapy. In the inpatient setting, consultation may be satisfied by practicing under clinical privileges or following facility-established proto…
Neb. Rev. Stat. § 38-1807 General nonmedical nutrition information, defined.
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General nonmedical nutrition information means information on any of the following: (1) Principles of good nutrition and food preparation; (2) Food that should be included in the normal diet; (3) Essential nutrients needed by the human body; (4) Recommended amounts of essential n…
Neb. Rev. Stat. § 38-1807.01 General supervision for the purpose of post-degree clinical practice experience, defined.
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General supervision for the purpose of post-degree clinical practice experience means the qualified supervisor is onsite and present at the location where nutrition-care services are provided or is immediately available by means of electronic communications to the supervisee prov…
Neb. Rev. Stat. § 38-1808 Licensed dietitian nutritionist, defined.
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Licensed dietitian nutritionist means a person who is licensed to practice medical nutrition therapy pursuant to the Uniform Credentialing Act and who holds a current license issued by the department pursuant to section 38-1813.
Neb. Rev. Stat. § 38-1808.01 Licensed nutritionist, defined.
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Licensed nutritionist means a person who is licensed to practice medical nutrition therapy pursuant to the Uniform Credentialing Act and who holds a current license issued by the department pursuant to section 38-1817.
Neb. Rev. Stat. § 38-1809 Medical nutrition therapy, defined.
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Medical nutrition therapy means the assessment of the nutritional status of patients and the provision of the following nutrition-care services for the treatment or management of a disease or medical condition by: (1) Assessing and evaluating the nutritional needs of people and g…
Neb. Rev. Stat. § 38-1809.01 Nutrition-care services, defined.
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Nutrition-care services means any or all of the following services provided within a systematic process: (1) Assessing and evaluating the nutritional needs of people and groups and determining resources and constraints in the practice setting, including ordering laboratory tests …
Neb. Rev. Stat. § 38-1809.02 Nutrition counseling, defined.
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Nutrition counseling means a supportive process, characterized by a collaborative counselor-patient or counselor-client relationship with individuals or groups, to establish food and nutrition priorities, goals, and individualized action plans and general physical activity guidan…
Neb. Rev. Stat. § 38-181 Initial credential to operate business; renewal of credential; denial by department; powers of department.
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If an applicant for an initial credential to operate a business does not meet all of the requirements for the credential, the department shall deny issuance of the credential. If an applicant for an initial credential to operate a business or a credential holder applying for rene…
Neb. Rev. Stat. § 38-1810 Patient, defined.
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Patient means an individual recipient of medical nutrition therapy, whether in the outpatient or inpatient setting.
Neb. Rev. Stat. § 38-1810.01 Practice of dietetics and nutrition, defined.
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Practice of dietetics and nutrition means the integration and application of scientific principles derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology, food management, and behavioral and social sciences in achieving and maintaining heal…