Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS

1,295 sections in this chapter.

1,295 sectionsFiltered byCh 38

Neb. Rev. Stat. § 38-1042.01 Natural hair braiding, defined.
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(1) Natural hair braiding means the twisting, wrapping, weaving, extending, locking, or braiding of hair by hand or with mechanical devices such as clips, combs, crochet hooks, curlers, curling irons, hairpins, rollers, scissors, blunt-tipped needles, thread, and hair binders. (2…
Neb. Rev. Stat. § 38-1043 Nonvocational training, defined.
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Nonvocational training means the act of imparting knowledge of or skills in any or all of the practices of cosmetology, nail technology, esthetics, or electrology to persons not licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act for…
Neb. Rev. Stat. § 38-1044 Permanent color technology, defined.
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Permanent color technology means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being so as to form indelible marks for cosmetic purposes.
Neb. Rev. Stat. § 38-1045 Practices regulated under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, defined.
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Practices regulated under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act means body art, cosmetology, electrology, esthetics, and nail technology.
Neb. Rev. Stat. § 38-1046 Practitioner, defined.
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Practitioner means a person who performs any or all of the practices of cosmetology, nail technology, esthetics, or electrology for compensation or who performs any or all of the practices of body art.
Neb. Rev. Stat. § 38-1047 School of cosmetology, defined.
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School of cosmetology means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the teaching of any or all of the practices of cosmetology to students.
Neb. Rev. Stat. § 38-1048 School of electrolysis, defined.
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School of electrolysis means a school for the education and training of electrologists.
Neb. Rev. Stat. § 38-1049 School of esthetics, defined.
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School of esthetics means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for teaching the practices of esthetics to esthetics students.
Neb. Rev. Stat. § 38-105 Definitions, where found.
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For purposes of the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-106 to 38-120.03 apply.
Neb. Rev. Stat. § 38-1050 Student, defined.
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Student means a person engaged in the study of any or all of the practices of cosmetology or esthetics under the supervision of an instructor or esthetics instructor in a school of cosmetology or school of esthetics.
Neb. Rev. Stat. § 38-1051 Student instructor, defined.
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Student instructor means a person engaged in instructor's or esthetics instructor's training in a school of cosmetology or school of esthetics and in teaching students in a school of cosmetology or school of esthetics under the supervision of an instructor.
Neb. Rev. Stat. § 38-1052 Supervision, defined.
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Supervision means direct day-to-day knowledge of and control over the actions of one individual by another.
Neb. Rev. Stat. § 38-1053 Tattoo, defined.
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Tattoo means the indelible decorative mark, figure, or design introduced by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being.
Neb. Rev. Stat. § 38-1054 Tattooing, defined.
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Tattooing means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being so as to form indelible marks for decorative or figurative purposes.
Neb. Rev. Stat. § 38-1055 Teaching, defined.
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Teaching means the act of imparting and demonstrating knowledge of cosmetology, nail technology, esthetics, or electrology theory and practices to students, nail technology students, or apprentices in an apprentice salon, a school of cosmetology, a nail technology school, or a sc…
Neb. Rev. Stat. § 38-1056 Temporary practitioner, defined.
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Temporary practitioner means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform any or all of the practices of cosmetology for a limited time under the supervision at all times of a designated supervisor.
Neb. Rev. Stat. § 38-1057 Board; members; qualifications.
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(1) The board shall consist of ten professional members, one owner of a tanning facility as defined in section 71-3902, and two public members appointed pursuant to section 38-158. The professional and public members shall meet the requirements of sections 38-164 and 38-165, resp…
Neb. Rev. Stat. § 38-1058 Cosmetology; licensure required.
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It shall be unlawful for any person, group, company, or other entity to engage in any of the following acts without being duly licensed as required by the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, unless specifically excepted by such act: (1…
Neb. Rev. Stat. § 38-1059 Electrology; licensure required.
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No person, group, company, limited liability company, or other entity shall engage in any of the following acts without being duly licensed as required by the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, unless specifically excepted by such act…
Neb. Rev. Stat. § 38-106 Active addiction, defined.
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Active addiction means current physical or psychological dependence on alcohol or a substance, which dependence develops following the use of alcohol or a substance on a periodic or continuing basis.
Neb. Rev. Stat. § 38-1060 Body art; license required; conditions.
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(1) No person shall perform any of the practices of body art or display a sign to, or in any other way, advertise or purport to be engaged in the business of practicing body art unless such person is licensed by the department. (2) An applicant for licensure in any of the practic…
Neb. Rev. Stat. § 38-1061 Licensure; categories; use of titles prohibited; practice in licensed establishment or facility.
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(1) All practitioners shall be licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act in a category or categories appropriate to their practice. (2) Licensure shall be required before any person may engage in the full,…
Neb. Rev. Stat. § 38-1062 Licensure by examination; requirements.
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In order to be licensed by the department by examination, an individual shall meet, and present to the department evidence of meeting, the following requirements: (1) Has attained the age of seventeen years on or before the beginning date of the examination for which application …
Neb. Rev. Stat. § 38-1063 Application for examination.
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No application for any type of licensure shall be considered complete unless all information requested in the application has been supplied, all seals and signatures required have been obtained, and all supporting and documentary evidence has been received by the department.
Neb. Rev. Stat. § 38-1064 Licensure; examinations; duties; examinees.
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(1) The board shall approve and the department shall cause examinations to be administered as required for licensure under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act for the purpose of establishing the possession of minimum competency in t…
Neb. Rev. Stat. § 38-1065 Examinations; requirements; grades.
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(1) Examinations approved by the board may be national standardized examinations, but in all cases the examinations shall be related to the knowledge and skills necessary to perform the practices being examined and shall be related to the curricula required to be taught in school…
Neb. Rev. Stat. § 38-1066 Reciprocity; requirements; military spouse; temporary license.
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(1) The department may grant a license based on licensure in another jurisdiction to any person who meets the requirements of subdivisions (1) and (2) of section 38-1062 and who presents proof of the following: (a) That he or she is currently licensed in the appropriate category …
Neb. Rev. Stat. § 38-1067 Foreign-trained applicants; examination requirements.
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(1) Applicants for Nebraska licensure who received their training in foreign countries may not be licensed by waiver of examination except as provided in section 38-129.01. In order to be considered eligible to take the examination, they shall meet the requirements of subdivision…
Neb. Rev. Stat. § 38-1068 License; display.
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Every person holding a license issued by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act shall display it in a conspicuous place in his or her principal place of employment, and every cosmetology establishment and body art …
Neb. Rev. Stat. § 38-1069 License; when required; temporary practitioner; license.
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A license as a temporary practitioner shall be required before any person may act as a temporary practitioner, and no person shall assume any title indicative of being a temporary practitioner without first being so licensed by the department under the Cosmetology, Electrology, E…
Neb. Rev. Stat. § 38-107 Alcohol or substance abuse, defined.
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Alcohol or substance abuse means a maladaptive pattern of alcohol or substance use leading to clinically significant impairment or distress as manifested by one or more of the following occurring at any time during the same twelve-month period: (1) Recurrent alcohol or substance …
Neb. Rev. Stat. § 38-1070 Temporary license; general requirements.
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An individual making application for a temporary license, other than a temporary license issued as provided in section 38-129.01, shall meet, and present to the department evidence of meeting, the requirements for the specific type of license applied for.
Neb. Rev. Stat. § 38-1071 Temporary, nonrenewable event license; body art event; authorized practice; requirements; fee; inspection; violation.
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(1) The department shall create and issue a temporary, nonrenewable event license for an individual who is attending a body art event which shall allow the individual to practice for no more than seven consecutive days in any twelve-month period. No more than two temporary event …
Repealed. Laws 2018, LB731, § 106.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-1073 Licensure as temporary practitioner; requirements.
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An applicant for licensure as a temporary practitioner shall show evidence that his or her completed application for regular licensure has been accepted by the department, that he or she has not failed any portion of the licensure examination, and that he or she has been accepted…
Neb. Rev. Stat. § 38-1074 Temporary licensure; expiration dates; extension.
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Licensure as a temporary practitioner shall expire eight weeks following the date of issuance or upon receipt of examination results, whichever occurs first. The department may extend the license an additional eight weeks.
Neb. Rev. Stat. § 38-1075 Act; activities exempt.
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The Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act does not apply to or restrict the activities of the following: (1) Any person holding a current license or certificate issued pursuant to the Uniform Credentialing Act when engaged in the usual an…
Neb. Rev. Stat. § 38-1076 Epilators; requirements.
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All epilators used by an electrologist shall be approved by the federal Food and Drug Administration.
Neb. Rev. Stat. § 38-1077 Continuing competency requirements; waiver; limited exemptions.
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The department, with the recommendation of the board, may waive continuing competency requirements, in part or in total, for any two-year licensing period when a licensee submits documentation that circumstances beyond his or her control prevented completion of such requirements …
Neb. Rev. Stat. § 38-1078 Cosmetology establishment; license required; conditions.
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No person shall operate or profess or attempt to operate a cosmetology establishment unless such establishment is licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. The department shall not issue or renew a licens…
Neb. Rev. Stat. § 38-1079 Licensed cosmetology establishment; nail technology services.
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A licensed cosmetology establishment is not required to be licensed as a nail technology salon to provide nail technology services by either a licensed cosmetologist or by a licensed nail technologist.
Neb. Rev. Stat. § 38-108 Board, defined; no board established by statute; effect.
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Board means one of the boards appointed by the State Board of Health pursuant to section 38-158 or appointed by the Governor pursuant to the Emergency Medical Services Practice Act. For professions for which there is no board established by statute, the duties normally carried ou…
Neb. Rev. Stat. § 38-1080 Body art facility; license required; renewal.
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(1) No person shall establish or operate a body art facility in this state unless such facility is licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. The department shall not issue or renew a license for a body ar…
Neb. Rev. Stat. § 38-1081 Body art facility; operating requirements.
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(1) In order to maintain a license in good standing, each body art facility or the owner of such facility or his or her agent shall: (a) At all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act and a…
Neb. Rev. Stat. § 38-1082 Salon, defined.
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For purposes of sections 38-1083 to 38-1090, salon means cosmetology salon and esthetics salon.
Neb. Rev. Stat. § 38-1083 Salon; license; requirements.
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In order to be licensed as a salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements: (1) The proposed salon shall be a fixed, permanent structure or part of one; (2) The proposed salon shall be physically se…
Neb. Rev. Stat. § 38-1084 Salon license; application; procedure; additional information.
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Any person seeking a license to operate a salon shall submit a completed application at least thirty days before construction or remodeling of the building proposed for use is scheduled to begin. If no construction or remodeling is planned, the application shall be submitted at l…
Neb. Rev. Stat. § 38-1085 Salon; application; review; denial; issuance; inspection.
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Each application for a license to operate a salon shall be reviewed by the department for compliance with the requirements of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. In the event an application is denied, the applicant shall be informe…
Neb. Rev. Stat. § 38-1086 Licensed salon; operating requirements.
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In order to maintain its license in good standing, each salon shall operate in accordance with the following requirements: (1) The salon shall at all times comply with all applicable provisions of the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act…
Neb. Rev. Stat. § 38-1087 Salon license; renewal; insurance.
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The procedure for renewing a salon license shall be in accordance with section 38-143, except that in addition to all other requirements, the salon shall submit evidence of minimal property damage, bodily injury, and liability insurance coverage for the salon.