Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-1810.02 Primary care practitioner, defined.
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Primary care practitioner means a physician licensed pursuant to section 38-2026 or sections 38-2029 to 38-2033 who provides primary care services, a nurse practitioner licensed pursuant to section 38-2317 who provides primary care services, or a physician assistant licensed purs…
Neb. Rev. Stat. § 38-1810.03 Qualified supervisor, defined; qualifications; licensure; required, when.
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(1) Qualified supervisor means: (a) When supervising the provision of medical nutrition therapy by a person who is completing post-degree clinical practice experience, a person who either: (i) Is a licensed dietitian nutritionist, a licensed nutritionist, or a health care provide…
Neb. Rev. Stat. § 38-1810.04 Registered dietitian or registered dietitian nutritionist, defined.
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Registered dietitian or registered dietitian nutritionist means a person who is currently registered as a registered dietitian or a registered dietitian nutritionist by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or a similar successor entity…
Neb. Rev. Stat. § 38-1810.05 Therapeutic diet, defined.
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Therapeutic diet means a diet intervention prescribed by a physician or other health care professional that provides food or nutrients via oral, enteral, or parenteral routes as part of the treatment of a disease or diagnosed clinical condition to modify, eliminate, decrease, or …
Neb. Rev. Stat. § 38-1811 Board; membership; qualifications.
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(1) The board shall consist of three professional members, one physician, and one public member appointed pursuant to section 38-158 until December 1, 2023. (2) Beginning on December 1, 2023, the board shall consist of five members as follows: Three professional members, of which…
Neb. Rev. Stat. § 38-1812 License or Compact Privilege required; consultation required for practice; activities not subject to licensure.
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No person shall practice medical nutrition therapy unless such person is licensed for such purpose pursuant to the Uniform Credentialing Act or holds a Compact Privilege under the Dietitian Licensure Compact. The practice of medical nutrition therapy shall be provided with the co…
Neb. Rev. Stat. § 38-1813 Licensed dietitian nutritionist; eligibility; qualifications; prior licensure; how treated.
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(1) A person shall be eligible to be a licensed dietitian nutritionist if such person is eighteen years of age or older, submits a completed application as required by the board, submits fees required by the board, and furnishes evidence of: (a) A current, valid registration as a…
Neb. Rev. Stat. § 38-1814 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 Medical Nutrition Therapy Practice Act or substantially equivalent requirements as determined by the department,…
Neb. Rev. Stat. § 38-1815 Fees.
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The department shall establish and collect fees for credentialing under the Medical Nutrition Therapy Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-1816 Act, how construed; assisted-living facilities or nursing facilities; provision of medical nutrition therapy.
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(1) Nothing in the Medical Nutrition Therapy Practice Act shall be construed to permit a licensed dietitian nutritionist or a licensed nutritionist to practice any other profession regulated under the Uniform Credentialing Act. (2) Nothing in the Medical Nutrition Therapy Practic…
Neb. Rev. Stat. § 38-1817 Licensed nutritionist; eligibility; qualifications.
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A person shall be eligible to be a licensed nutritionist if such person is eighteen years of age or older, submits a completed application as required by the board, submits fees required by the board, and furnishes evidence of: (1) Certification as a certified nutrition specialis…
Neb. Rev. Stat. § 38-1818 Appropriate supervision; requirements.
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The board shall develop requirements for appropriate supervision consistent with prevailing professional standards considering factors that include, but are not limited to, level of education, experience, and level of responsibility. The requirements shall include: (1) Adequate, …
Neb. Rev. Stat. § 38-1819 Temporary license.
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(1) A temporary license to practice medical nutrition therapy may be granted to any person who meets all the requirements for a license except passage of the examination required by section 38-1813 or 38-1817. A temporary licensee shall be supervised by a qualified supervisor. A …
Neb. Rev. Stat. § 38-182 Disciplinary actions; credential to operate business; grounds.
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A credential to operate a business may be denied, refused renewal, or have disciplinary measures taken against it in accordance with section 38-196 on any of the following grounds: (1) Violation of the Uniform Credentialing Act or the rules and regulations adopted and promulgated…
Neb. Rev. Stat. § 38-1820 Medical nutrition therapy; authorized; use of titles, abbreviations, words; limitations.
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(1) Unless otherwise authorized or exempted under the Medical Nutrition Therapy Practice Act: (a) Only a licensed dietitian nutritionist or licensed nutritionist may provide medical nutrition therapy; and (b) No person shall use the title dietitian nutritionist, nutritionist, die…
Neb. Rev. Stat. § 38-1821 Licensed dietitian nutritionist; licensed nutritionist; practice requirements; authorized activities; limitations.
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(1) A licensed dietitian nutritionist or a licensed nutritionist, unless otherwise exempt, shall: (a) Provide medical nutrition therapy using evidence-based practice and the nutrition-care services process for patients and clients in clinical and community settings for the purpos…
Neb. Rev. Stat. § 38-1822 Student; accredited course on dietetics and nutrition; practice; limitations.
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A student enrolled in an accredited course on dietetics and nutrition recognized by the board may perform any action necessary to complete the student's course of study and engage in the practice of medical nutrition therapy under the appropriate supervision of a supervisor in ac…
Neb. Rev. Stat. § 38-1823 Compact Privilege.
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(1) A person holding a Compact Privilege under the Dietitian Licensure Compact may engage in the Practice of Dietetics in Nebraska as authorized pursuant to such compact. (2) The board may approve, and the department may adopt and promulgate, rules and regulations as necessary to…
Neb. Rev. Stat. § 38-183 Credential issued by department; temporary suspension or limitation; notice and hearing not required; when; duration.
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(1) The department may temporarily suspend or temporarily limit any credential issued by the department without notice or a hearing if the director determines that there is reasonable cause to believe that grounds exist under section 38-178 or 38-182 for the revocation, suspensio…
Neb. Rev. Stat. § 38-184 Credential; disciplinary actions; time when taken.
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If an applicant for a credential or a credential holder is convicted of an offense for which the credential may be denied or refused renewal or have other disciplinary measures taken against it in accordance with section 38-196, such denial, refusal of renewal, or disciplinary me…
Neb. Rev. Stat. § 38-185 Credential; denial; refuse renewal; notice; hearing.
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To deny or refuse renewal of a credential, the department shall notify the applicant or credential holder in writing of the action taken and the reasons for the determination. The denial or refusal to renew shall become final thirty days after mailing the notice unless the applic…
Neb. Rev. Stat. § 38-186 Credential; discipline; petition by Attorney General; hearing; department; powers and duties.
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(1) A petition shall be filed by the Attorney General in order for the director to discipline a credential obtained under the Uniform Credentialing Act to: (a) Practice or represent oneself as being certified under any of the practice acts enumerated in section 38-101 other than …
Neb. Rev. Stat. § 38-187 Credential; discipline; petition; form; other pleadings.
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The following rules shall govern the form of the petition in cases brought pursuant to section 38-186: (1) The state shall be named as plaintiff and the credential holder as defendant; (2) The charges against the credential holder shall be stated with reasonable definiteness; (3)…
Neb. Rev. Stat. § 38-188 Credential; discipline; hearing; time; place.
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Upon presentation of the petition to the director, he or she shall make an order fixing the time and place for the hearing, which shall not be less than thirty nor more than sixty days thereafter.
Neb. Rev. Stat. § 38-189 Credential; discipline; hearing; notice; how served.
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Notice of the filing of a petition pursuant to section 38-186 and of the time and place of hearing shall be served upon the credential holder at least ten days before the hearing. The notice may be served by any method specified in section 25-505.01, or the director may permit su…
Neb. Rev. Stat. § 38-190 Petition for disciplinary action; disposition prior to order; methods; Attorney General; duties.
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(1) Any petition filed pursuant to section 38-186 may, at any time prior to the entry of any order by the director, be disposed of by stipulation, agreed settlement, consent order, or similar method as agreed to between the parties. A proposed settlement shall be submitted and co…
Neb. Rev. Stat. § 38-1901 Act, how cited.
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Sections 38-1901 to 38-1920 shall be known and may be cited as the Medical Radiography Practice Act.
Neb. Rev. Stat. § 38-1902 Definitions, where found.
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For purposes of the Medical Radiography Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1903 to 38-1913 apply.
Neb. Rev. Stat. § 38-1903 Board, defined.
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Board means the Board of Medical Radiography.
Neb. Rev. Stat. § 38-1904 Interpretative fluoroscopic procedures, defined.
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Interpretative fluoroscopic procedures means the use of radiation in continuous mode to provide information, data, and film or hardcopy images for diagnostic review and interpretation by a licensed practitioner as the images are being produced.
Neb. Rev. Stat. § 38-1905 Licensed practitioner, defined.
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Licensed practitioner means a person licensed to practice medicine, dentistry, podiatry, chiropractic, osteopathic medicine and surgery, or as an osteopathic physician.
Neb. Rev. Stat. § 38-1905.01 Limited computed tomography radiographer, defined.
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Limited computed tomography radiographer means a person licensed pursuant to section 38-1917.01 to practice medical radiography restricted to computed tomography.
Neb. Rev. Stat. § 38-1906 Limited radiographer, defined.
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Limited radiographer means a person licensed to practice medical radiography pursuant to section 38-1916. Limited radiographer does not include a person certified under section 38-3012.
Neb. Rev. Stat. § 38-1907 Medical radiographer, defined.
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Medical radiographer means a person licensed pursuant to subsection (1) of section 38-1915 to practice medical radiography.
Neb. Rev. Stat. § 38-1908 Medical radiography, defined.
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Medical radiography means the application of radiation to humans for diagnostic purposes, including, but not limited to, utilizing proper: (1) Radiation protection for the patient, the radiographer, and others; (2) Radiation-generating equipment operation and quality control; (3)…
Neb. Rev. Stat. § 38-1908.01 Nuclear medicine technologist, defined.
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Nuclear medicine technologist means a person who meets the requirements for training and experience for nuclear medicine technology under the Radiation Control Act and the rules and regulations adopted and promulgated under the act.
Neb. Rev. Stat. § 38-1908.02 Patient care and management; defined.
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Patient care and management, as it relates to the practice of medical radiography, includes, but is not limited to: (1) Infection control; (2) Patient transfer and movement; (3) Assisting patients with medical equipment; (4) Routine monitoring; (5) Medical emergencies; (6) Proper…
Neb. Rev. Stat. § 38-1909 Radiation, defined.
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Radiation means ionizing radiation and nonionizing radiation as follows: (1) Ionizing radiation means gamma rays, X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or nuclear particles or rays but does not include sound or radio waves or …
Neb. Rev. Stat. § 38-191 Credential; disciplinary action; hearing; failure to appear; effect.
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If a credential holder fails to appear, either in person or by counsel, at the time and place designated in the notice required by section 38-189, the director, after receiving satisfactory evidence of the truth of the charges, shall order the credential revoked or suspended or s…
Neb. Rev. Stat. § 38-1910 Radiation-generating equipment, defined.
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Radiation-generating equipment means any manufactured product or device, component part of such a product or device, or machine or system which during operation can generate or emit radiation except devices which emit radiation only from radioactive material.
Neb. Rev. Stat. § 38-1911 Sources of radiation, defined.
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Sources of radiation means any radioactive material, any radiation-generating equipment, or any device or equipment emitting or capable of emitting radiation or radioactive material.
Neb. Rev. Stat. § 38-1912 Undesirable radiation, defined.
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Undesirable radiation means radiation in such quantity and under such circumstances as determined from time to time by rules and regulations adopted and promulgated by the department.
Neb. Rev. Stat. § 38-1913 X-ray system, defined.
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X-ray system means an assemblage of components for the controlled production of X-rays, including, but not limited to, an X-ray high-voltage generator, an X-ray control, a tube housing assembly, a beam-limiting device, and the necessary supporting structures. Additional component…
Neb. Rev. Stat. § 38-1914 Board; members; qualifications; terms; meetings.
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The board shall consist of four medical radiographers and one limited radiographer. Of the first four medical radiographers appointed, one shall be appointed for a term of one year, one shall be appointed for a term of two years, one shall be appointed for a term of three years, …
Neb. Rev. Stat. § 38-1915 Medical radiographer; authorized practice; requirements.
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(1)(a) A person licensed by the department, with the recommendation of the board, as a medical radiographer may practice medical radiography on any part of the human anatomy for interpretation by, and under the direction of, a licensed practitioner, including computed tomography …
Neb. Rev. Stat. § 38-1916 Limited radiographer; requirements; specific anatomical region.
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(1) A person licensed by the department, with the recommendation of the board, as a limited radiographer may practice medical radiography on limited regions of the human anatomy, using only routine radiographic procedures, for the interpretation by and under the direction of a li…
Neb. Rev. Stat. § 38-1917 Student; provisions not applicable; temporary medical radiographer license; term; applicability of section.
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(1) The requirements of sections 38-1915 and 38-1916 do not apply to a student while enrolled and participating in an educational program in medical radiography who, as a part of an educational program, applies X-rays to humans while under the supervision of the licensed practiti…
Neb. Rev. Stat. § 38-1917.01 Limited computed tomography radiographer; requirements; nuclear medicine technologist; activities authorized.
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(1) A person licensed by the department, with the recommendation of the board, as a limited computed tomography radiographer may practice medical radiography restricted to computed tomography. An applicant for a license as a limited computed tomography radiographer shall: (a) Com…
Neb. Rev. Stat. § 38-1917.02 Student; provisions not applicable; temporary limited computed tomography radiographer license; term; applicability of section.
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(1) The requirements of section 38-1917.01 do not apply to a student while enrolled and participating in an educational program in nuclear medicine technology who, as part of the educational program, applies X-rays to humans using a computed tomography system while under the supe…
Neb. Rev. Stat. § 38-1918 Educational programs; testing; requirements.
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(1)(a) The educational program for medical radiographers shall consist of twenty-four months of instruction in radiography approved by the board which includes, but is not limited to: (i) Radiation protection for the patient, the radiographer, and others; (ii) Radiation-generatin…