Chapter 38, HEALTH OCCUPATIONS AND PROFESSIONS
1,388 sections in this chapter.
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…
Neb. Rev. Stat. § 38-1525 Rules of federal Food and Drug Administration; compliance required.
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It is a condition of licensure under the Hearing Instrument Specialists Practice Act that a licensed hearing instrument specialist comply with the rules of the federal Food and Drug Administration governing the ordering of the use, fitting, and sales of hearing instruments as pre…
Neb. Rev. Stat. § 38-1526 Hearing instrument; repurchase; medical evaluation, when required.
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A purchaser of a hearing instrument shall not be required to obtain a medical evaluation for the repurchase of a hearing instrument after a medical evaluation has been obtained for certain otologic conditions that are permanent and would be reidentified at each hearing assessment…
Neb. Rev. Stat. § 38-1527 Records.
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(1) A licensed hearing instrument specialist shall keep and maintain in the licensee's office or place of business the following records: (a) Results of tests and other records as they pertain to hearing assessments conducted by the licensed hearing instrument specialist and the …
Neb. Rev. Stat. § 38-1528 Trainer; employment authorized, when.
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A licensed hearing instrument specialist who is certified by the National Board for Certification in Hearing Instrument Sciences or has an advanced credential recognized by the board may work for a company or organization as a trainer and provide specialized training in the pract…
Neb. Rev. Stat. § 38-153 Variable costs of credentialing.
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Variable costs of credentialing are the costs that are unique to a specific profession or business listed in section 38-121 and include the following: (1) Per diems which are paid to members of the appropriate board; (2) Operating costs that are specific to a particular professio…
Neb. Rev. Stat. § 38-154 Adjustments to the cost of credentialing.
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Adjustments to the cost of credentialing include, but are not limited to: (1) Revenue from sources that include, but are not limited to: (a) Interest earned on the Professional and Occupational Credentialing Cash Fund, if any; (b) Certification and verification of credentials; (c…
Neb. Rev. Stat. § 38-155 Credentialing fees; establishment and collection.
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(1) Subject to subsection (3) of this section, the department, with the recommendation of the appropriate board if applicable, shall adopt and promulgate rules and regulations to establish and collect the fees for the following credentials: (a) Initial credentials, which include,…
Neb. Rev. Stat. § 38-156 Administrative and other fees; amount.
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(1) The department shall retain a twenty-five-dollar administrative fee from each credentialing fee established under section 38-155 for a denied credential or a withdrawn application, except that (a) if the credentialing fee is less than twenty-five dollars, the fee shall be for…
Neb. Rev. Stat. § 38-157 Professional and Occupational Credentialing Cash Fund; created; use; investment.
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(1) The Professional and Occupational Credentialing Cash Fund is created. The fund shall consist of all fees, gifts, grants, and other money, excluding fines and civil penalties, received or collected by the department under sections 38-151 to 38-156 and the Nebraska Regulation o…
Neb. Rev. Stat. § 38-158 Boards; appointment; vacancy.
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(1) The State Board of Health shall appoint members to the boards designated in section 38-167 except the Board of Emergency Medical Services. (2) Any vacancy in the membership of a board caused by death, resignation, removal, or otherwise shall be filled for the unexpired term i…
Neb. Rev. Stat. § 38-159 Board; application; professional member; state association or society recommendation.
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(1) Any person who desires to be considered for an appointment to a board appointed by the State Board of Health and who possesses the necessary qualifications for such appointment may apply in a manner specified by the State Board of Health. The State Board of Health shall consi…
Neb. Rev. Stat. § 38-160 Board; member; removal; procedure; grounds.
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(1) The State Board of Health shall have power to remove from office at any time any member of a board for which it appoints the membership, after a public hearing pursuant to the Administrative Procedure Act, for physical or mental incapacity to carry out the duties of a board m…
Neb. Rev. Stat. § 38-161 Boards; purpose; duties; advisory committees or bodies authorized.
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(1) The purpose of each board is to protect the health, safety, and welfare of the public as prescribed in the Uniform Credentialing Act. (2) The duties of each board include, but are not limited to, (a) setting the minimum standards of proficiency and competency in accordance wi…
Neb. Rev. Stat. § 38-162 Boards; membership.
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Except as otherwise provided in the Uniform Credentialing Act: (1) Each board shall consist of four members; (2) Each board shall have at least one public member; and (3) If a board has eleven or more members, it shall have at least three public members.
Neb. Rev. Stat. § 38-163 Boards; members; term.
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(1) The members of each board shall be appointed for terms of five years except as otherwise provided in the Uniform Credentialing Act. No member shall be appointed for or serve for more than two consecutive full five-year terms except as otherwise specifically provided in the ac…
Neb. Rev. Stat. § 38-164 Boards; professional members; qualifications.
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(1) A professional member of a board appointed under the Uniform Licensing Law prior to December 1, 2008, shall remain subject to the requirements of the original appointment until reappointed under the Uniform Credentialing Act. Except as otherwise provided in the Uniform Creden…
Neb. Rev. Stat. § 38-165 Boards; public members; qualifications.
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A public member of a board appointed under the Uniform Licensing Law prior to December 1, 2008, shall remain subject to the requirements of the original appointment until reappointed under the Uniform Credentialing Act. At the time of appointment and while serving as a board memb…
Neb. Rev. Stat. § 38-166 Initial board subject to act; additional qualifications for members.
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For professions coming within the scope of the Uniform Credentialing Act for the first time: (1) A professional member of a board shall not be required to have held and maintained an active credential for a period of five years just preceding his or her appointment. Members appoi…
Neb. Rev. Stat. § 38-167 Boards; designated; change in name; effect.
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(1) Boards shall be designated as follows: (a) Board of Athletic Training; (b) Board of Audiology and Speech-Language Pathology; (c) Board of Behavior Analysts; (d) Board of Chiropractic; (e) Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art; (f) Board o…
Neb. Rev. Stat. § 38-168 Boards; conflict of interest.
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The department may establish definitions of conflicts of interest for members of the boards and may establish procedures in the case such a conflict arises. For purposes of this section, conflict of interest includes financial, professional, or personal obligations that may compr…
Neb. Rev. Stat. § 38-169 Board; organization.
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Each board shall organize annually at its first meeting subsequent to December 1 and shall select a chairperson, a vice-chairperson, and a secretary from its own membership.
Neb. Rev. Stat. § 38-170 Board; business; how transacted.
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The department shall, as far as practicable, provide for the conducting of the business of the boards by mail and may hold meetings by virtual conferencing subject to the Open Meetings Act. Any official action or vote of the members of a board taken by mail shall be preserved in …
Neb. Rev. Stat. § 38-1701 Act, how cited.
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Sections 38-1701 to 38-1725 shall be known and may be cited as the Massage Therapy Practice Act.
Neb. Rev. Stat. § 38-1702 Definitions, where found.
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For purposes of the Massage Therapy Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-1703 to 38-1707.01 apply.
Neb. Rev. Stat. § 38-1703 Approved massage therapy school, defined.
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Approved massage therapy school means (1) one which is approved by the board, (2) one which requires for admission a diploma from an accredited high school or its equivalent, (3) one which has attached to its staff a regularly licensed physician and employs one or more competent …
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.