Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-1919 Fees.
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The department shall establish and collect fees for credentialing under the Medical Radiography Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-192 Credential; disciplinary action; director; sanctions; powers.
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(1) If the director determines upon completion of a hearing under section 38-183 or 38-186 that a violation has occurred, the director may, at his or her discretion, consult with the appropriate board concerning sanctions to be imposed or terms and conditions of the sanctions. Wh…
Neb. Rev. Stat. § 38-1920 Dental hygienists and dental assistants; exemptions from act.
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(1) Persons authorized under the Dentistry Practice Act to practice as dental hygienists and dental assistants who meet the requirements of section 38-1135 shall not be required to be licensed under the Medical Radiography Practice Act. (2) The department may exempt certain users…
Neb. Rev. Stat. § 38-193 Credential; disciplinary action; partial-birth abortion; violation of Preborn Child Protection Act; director; powers and duties.
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(1) If the petition is brought with respect to subdivision (3) of section 38-2021, the director shall make findings as to whether the licensee's conduct was necessary to save the life of a mother whose life was endangered by a physical disorder, physical illness, or physical inju…
Neb. Rev. Stat. § 38-194 Credential; disciplinary action; costs; how taxed.
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If the order issued regarding discipline of a credential is adverse to the credential holder, the costs shall be charged to him or her as in ordinary civil actions in the district court, but if the state is the unsuccessful party, the costs shall be paid out of any money in the P…
Neb. Rev. Stat. § 38-195 Credential; disciplinary action; costs; when not collectible; how paid.
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All costs accrued at the instance of the state when it is the successful party in a proceeding to discipline a credential, which the Attorney General certifies cannot be collected from the defendant, shall be paid out of any available funds in the Professional and Occupational Cr…
Neb. Rev. Stat. § 38-196 Credential; disciplinary action; sanctions authorized.
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(1) Except as provided in subsection (2) of this section, upon the completion of any hearing held regarding discipline of a credential, the director may dismiss the action or impose any of the following sanctions: (a) Censure; (b) Probation; (c) Limitation; (d) Civil penalty; (e)…
Neb. Rev. Stat. § 38-197 Credential; disciplinary action; additional terms and conditions of discipline.
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If any discipline is imposed pursuant to section 38-196, the director may, in addition to any other terms and conditions of that discipline: (1) Require the credential holder to obtain additional professional training and to pass an examination upon the completion of the training…
Neb. Rev. Stat. § 38-198 Civil penalty; manner of collection; attorney's fees and costs; disposition.
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If a civil penalty is imposed pursuant to section 38-196, it shall not exceed twenty thousand dollars. Any civil penalty assessed and unpaid shall constitute a debt to the State of Nebraska which may be collected in the manner of a lien foreclosure or sued for and recovered in a …
Neb. Rev. Stat. § 38-199 Credential; disciplinary action; suspension; effect.
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If suspension is imposed pursuant to section 38-196, the credential holder shall not engage in the practice of a profession during the time for which the credential is suspended. The suspension shall be for a definite period of time to be set by the director. The director may pro…
Neb. Rev. Stat. § 38-2001 Act, how cited.
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Sections 38-2001 to 38-2071 shall be known and may be cited as the Medicine and Surgery Practice Act.
Neb. Rev. Stat. § 38-2002 Definitions, where found.
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For the purposes of the Medicine and Surgery Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2003 to 38-2022 and 38-2065 apply.
Neb. Rev. Stat. § 38-2003 Accredited hospital, defined.
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Accredited hospital means a hospital accredited by the department, with the recommendation of the board.
Neb. Rev. Stat. § 38-2004 Accredited school or college of medicine, defined.
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An accredited school or college of medicine means one approved by the board, and such school or college shall meet and maintain generally minimum standards approved by the board. Such minimum standards shall apply equally to all accredited schools, and any school to be accredited…
Neb. Rev. Stat. § 38-2005 Accredited school or college of osteopathic medicine, defined.
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An accredited school or college of osteopathic medicine means one approved by the board. An accredited school or college of osteopathic medicine shall meet and maintain general minimum standards approved by the board. The minimum standards shall apply equally to all such accredit…
Neb. Rev. Stat. § 38-2006 Acupuncture, defined.
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Acupuncture means the insertion, manipulation, and removal of acupuncture needles and the application of manual, mechanical, thermal, electrical, and electromagnetic treatment to such needles at specific points or meridians on the human body in an effort to promote, maintain, and…
Neb. Rev. Stat. § 38-2007 Acupuncturist, defined.
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Acupuncturist means a person engaged in the practice of acupuncture.
Neb. Rev. Stat. § 38-2008 Approved program, defined.
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Approved program means a program for the education of physician assistants which is accredited by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor agency and which the board formally approves.
Repealed. Laws 2009, LB 195, § 111.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-201 Act, how cited.
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Sections 38-201 to 38-213 shall be known and may be cited as the Advanced Practice Registered Nurse Practice Act.
Neb. Rev. Stat. § 38-2010 Board, defined.
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Board means the Board of Medicine and Surgery.
Neb. Rev. Stat. § 38-2011 Committee, defined.
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Committee means the Physician Assistant Committee created in section 38-2056.
Neb. Rev. Stat. § 38-2012 Fellowship, defined.
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Fellowship means a program of supervised educational training, approved by the board, in a medical specialty or subspecialty at an accredited hospital, an accredited school or college of medicine, or an accredited school or college of osteopathic medicine, that follows the comple…
Neb. Rev. Stat. § 38-2013 Graduate medical education or residency, defined.
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Graduate medical education or residency means a program of supervised educational training, approved by the board, in a medical specialty at an accredited hospital, an accredited school or college of medicine, or an accredited school or college of osteopathic medicine, that follo…
Neb. Rev. Stat. § 38-2013.01 Licensed health care professional, defined.
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Licensed health care professional means a physician, an osteopathic physician, or a physician assistant licensed pursuant to the Uniform Credentialing Act.
Neb. Rev. Stat. § 38-2013.02 Perinatal mental health disorder, defined.
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Perinatal mental health disorder means a mental health condition that occurs during pregnancy or during the postpartum period, including depression, anxiety, or postpartum psychosis.
Neb. Rev. Stat. § 38-2014 Physician assistant, defined.
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Physician assistant means any person who graduates from an approved program, who has passed a proficiency examination, and who the department, with the recommendation of the board, approves to perform medical services under a collaborative agreement with the supervision of a phys…
Neb. Rev. Stat. § 38-2014.01 Physician group, defined.
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Physician group means two or more physicians practicing medicine within or employed by the same business entity.
Neb. Rev. Stat. § 38-2014.02 Postnatal care, defined.
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Postnatal care means an office visit to a licensed health care professional occurring after birth, with reference to the infant or mother.
Neb. Rev. Stat. § 38-2014.03 Prenatal care, defined.
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Prenatal care means an office visit to a licensed health care professional for pregnancy-related care occurring before birth.
Neb. Rev. Stat. § 38-2015 Proficiency examination, defined.
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Proficiency examination means the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants.
Neb. Rev. Stat. § 38-2015.01 Questionnaire, defined.
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Questionnaire means a screening tool administered by a licensed health care professional to detect perinatal mental health disorders, such as the Edinburgh Postnatal Depression Scale, the Postpartum Depression Screening Scale, the Beck Depression Inventory, the Patient Health Que…
Neb. Rev. Stat. § 38-2016 Refresher course, defined.
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Refresher course means a planned program of supervised educational training, approved by the board, that provides a review of medical knowledge and skills for the purpose of the enhancement of clinical competency.
Neb. Rev. Stat. § 38-2017 Supervising physician, defined.
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Supervising physician means a licensed physician who supervises a physician assistant under a collaborative agreement.
Neb. Rev. Stat. § 38-2018 Supervision, defined.
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Supervision means the ready availability of the supervising physician for consultation and collaboration on the activities of the physician assistant.
Neb. Rev. Stat. § 38-2019 Temporary educational permit, defined.
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Temporary educational permit means a permit to practice medicine and surgery, osteopathic medicine and surgery, or any of their allied specialties in graduate medical education, a fellowship, or a refresher course.
Neb. Rev. Stat. § 38-202 Legislative findings and declarations.
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The Legislature finds and declares that: (1) Because of the geographic maldistribution of health care services in Nebraska, it is necessary to utilize the skills and proficiency of existing health professionals more efficiently; (2) It is necessary to encourage the more effective…
Neb. Rev. Stat. § 38-2020 Trainee, defined.
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Trainee means any person who is currently enrolled in an approved program.
Neb. Rev. Stat. § 38-2021 Unprofessional conduct, defined.
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Unprofessional conduct means any departure from or failure to conform to the standards of acceptable and prevailing practice of medicine and surgery or the ethics of the profession, regardless of whether a person, patient, or entity is injured, or conduct that is likely to deceiv…
Neb. Rev. Stat. § 38-2022 Visiting faculty permit, defined.
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Visiting faculty permit means a permit for a physician qualified by virtue of previous medical training and experience to teach students of medicine, to conduct research, or both.
Neb. Rev. Stat. § 38-2023 Board; membership; qualifications.
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The board shall consist of eight members, including at least two public members. Two of the six professional members of the board shall be officials or members of the instructional staff of an accredited medical school in this state. One of the six professional members of the boa…
Neb. Rev. Stat. § 38-2024 Practice of medicine and surgery, defined.
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For purposes of the Uniform Credentialing Act, and except as provided in section 38-2025 or as otherwise provided by law, the following classes of persons shall be deemed to be engaged in the practice of medicine and surgery: (1) Persons who publicly profess to be physicians or s…
Neb. Rev. Stat. § 38-2025 Medicine and surgery; practice; persons excepted.
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The following classes of persons shall not be construed to be engaged in the unauthorized practice of medicine: (1) Persons rendering gratuitous services in cases of emergency; (2) Persons administering ordinary household remedies; (3) The members of any church practicing its rel…
Neb. Rev. Stat. § 38-2026 Medicine and surgery; license; qualifications; foreign medical graduates; requirements.
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Except as otherwise provided in sections 38-2026.01 and 38-2027, each applicant for a license to practice medicine and surgery shall: (1)(a) Present proof that he or she is a graduate of an accredited school or college of medicine, (b) if a foreign medical graduate, provide a cop…
Neb. Rev. Stat. § 38-2026.01 Reentry license; issuance; qualifications; department; powers; supervision; conversion of license; period valid; renewal.
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(1) The department, with the recommendation of the board, may issue a reentry license to a physician who has not actively practiced medicine for the two-year period immediately preceding the filing of an application for a reentry license or who has not otherwise maintained contin…
Neb. Rev. Stat. § 38-2027 Department; waiver of requirements; authorized; conditions; disciplinary action authorized.
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(1) The department, with the recommendation of the board, may waive any requirement for more than one year of approved graduate medical education, as set forth in subdivision (2) of section 38-2026, if the applicant has served at least one year of graduate medical education appro…
Neb. Rev. Stat. § 38-2028 Reciprocity; requirements; military spouse; temporary license.
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(1) An applicant for a license to practice medicine and surgery based on a license in another state or territory of the United States or the District of Columbia shall comply with the requirements of the Interstate Medical Licensure Compact beginning on the effective date of the …
Neb. Rev. Stat. § 38-2029 Practice as osteopathic physicians, defined.
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(1) For purposes of the Uniform Credentialing Act, the following classes of persons shall be deemed to be engaged in practice as osteopathic physicians: (a) Persons publicly professing to be osteopathic physicians or publicly professing to assume the duties incident to the practi…
Neb. Rev. Stat. § 38-203 Definitions, where found.
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For purposes of the Advanced Practice Registered Nurse Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-204 to 38-204.04 apply.
Neb. Rev. Stat. § 38-2030 Practice as osteopathic physicians; persons excepted.
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For purposes of the Uniform Credentialing Act, the following classes of persons shall not be construed as engaged in practice as osteopathic physicians: (1) Licensed physicians and surgeons, podiatrists, nurses, and dentists who are exclusively engaged in the practice of their re…