Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-2031 Osteopathic physician; license; requirements.
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Every applicant for a license to practice as an osteopathic physician shall (1) present proof of having completed a four-year course in an accredited high school or its equivalent, (2) present proof of having graduated from an accredited school or college of osteopathic medicine,…
Neb. Rev. Stat. § 38-2032 Osteopathic physician; license; additional requirements.
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(1) If a person (a) has graduated from an accredited school or college of osteopathic medicine since January 1, 1963, (b) meets all statutory requirements for licensure as an osteopathic physician, (c) has served one year of internship or its equivalent at an institution approved…
Neb. Rev. Stat. § 38-2033 Osteopathic physician; license; scope.
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(1) With respect to licenses issued pursuant to sections 38-2031 and 38-2032 and any renewals thereof, the department shall designate the extent of such practice as follows: (a) License to practice as an osteopathic physician; or (b) License to practice osteopathic medicine and s…
Neb. Rev. Stat. § 38-2034 Applicant; reciprocity; requirements; military spouse; temporary license.
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(1) An applicant for a license to practice osteopathic 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 …
Neb. Rev. Stat. § 38-2035 Applicant; examination; retaking examination.
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Applicants for licensure in medicine and surgery and osteopathic medicine and surgery shall pass the licensing examination. An applicant who fails to pass any part of the licensing examination within four attempts shall complete one additional year of postgraduate medical educati…
Neb. Rev. Stat. § 38-2036 Physician locum tenens; issuance authorized; conditions; term.
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A physician locum tenens may be issued by the department, with the recommendation of the board, to an individual who holds an active license to practice medicine and surgery or osteopathic medicine and surgery in another state when circumstances indicate a need for the issuance o…
Neb. Rev. Stat. § 38-2037 Additional grounds for disciplinary action; expressing an opinion in a public or professional forum, not subject to disciplinary action.
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(1) In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a license to practice medicine and surgery or osteopathic medicine and surgery or a license to practice as a physician assistant may be denied, refused renewal, limited, revoked, or suspen…
Neb. Rev. Stat. § 38-2038 Temporary educational or visiting faculty permit; use.
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The holder of a temporary educational permit or of a visiting faculty permit shall be entitled to practice medicine and surgery and any of its allied specialties, including prescribing medicine and controlled substances, while serving in graduate medical education, a fellowship, …
Neb. Rev. Stat. § 38-2039 Temporary educational permit; application; department; duties.
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Before granting any temporary educational permit, the department, with the recommendation of the board, shall ascertain that an authorized provider of graduate medical education, a fellowship, or a refresher course has requested the issuance of a temporary educational permit for …
Neb. Rev. Stat. § 38-204 Board, defined.
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Board means the Board of Nursing.
Neb. Rev. Stat. § 38-204.01 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. § 38-204.02 Postnatal care, defined.
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Postnatal care means an office visit to an advanced practice registered nurse occurring after birth, with reference to the infant or mother.
Neb. Rev. Stat. § 38-204.03 Prenatal care, defined.
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Prenatal care means an office visit to an advanced practice registered nurse for pregnancy-related care occurring before birth.
Neb. Rev. Stat. § 38-204.04 Questionnaire, defined.
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Questionnaire means a screening tool administered by an advanced practice registered nurse 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 Q…
Neb. Rev. Stat. § 38-2040 Visiting faculty permit; application; department; duties.
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Before a visiting faculty permit is issued, the department, with the recommendation of the board, shall determine that an accredited school or college of medicine in the State of Nebraska has requested issuance of a visiting faculty permit for the individual involved to serve as …
Neb. Rev. Stat. § 38-2041 Temporary educational or visiting faculty permits; recommend, when.
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The recommendation of the board for the issuance of any temporary educational permits or any visiting faculty permits shall be made at regular meetings of such board, but the chairperson or one other member of the board shall have the power to recommend the issuance of such permi…
Neb. Rev. Stat. § 38-2042 Temporary educational or visiting faculty permit; duration; renewal.
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The duration of any temporary educational or visiting faculty permit shall be determined by the department but in no case shall it be in excess of one year. The permit may be renewed annually as long as the holder of a temporary educational permit is still enrolled and participat…
Neb. Rev. Stat. § 38-2043 Temporary educational or visiting faculty permit; disciplinary action; grounds.
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Any temporary educational or visiting faculty permit may be suspended, limited, or revoked by the department, with the recommendation of the board, at any time upon a finding that the reasons for issuing such permit no longer exist or that the person to whom such permit has been …
Neb. Rev. Stat. § 38-2044 Temporary educational permit; to whom issued; qualifications.
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A temporary educational permit may be issued to graduates of foreign schools or colleges of medicine or to individuals if the applicant, in addition to meeting the other requirements for the issuance of such permit, presents to the department a copy of a permanent certificate of …
Neb. Rev. Stat. § 38-2045 Visiting faculty permit; issuance; conditions.
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A visiting faculty permit may be issued to graduates of foreign schools or colleges of medicine or to individuals if an accredited college or school of medicine in the State of Nebraska has requested that such permit be issued. It shall not be necessary for such applicant to prov…
Neb. Rev. Stat. § 38-2046 Physician assistants; legislative findings.
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The Legislature finds that: (1) In its concern with the geographic maldistribution of health care services in Nebraska it is essential to develop additional health personnel; and (2) It is essential to encourage the more effective utilization of the skills of physicians and podia…
Neb. Rev. Stat. § 38-2047 Physician assistants; services performed; supervision requirements.
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(1) A physician assistant may perform medical services that (a) are delegated by and provided under the supervision of a licensed physician who meets the requirements of section 38-2050, (b) are appropriate to the level of education, experience, and training of the physician assi…
Neb. Rev. Stat. § 38-2048 Physician assistants; trainee; services performed.
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Notwithstanding any other provision of law, a trainee may perform medical services when he or she renders such services within the scope of an approved program.
Neb. Rev. Stat. § 38-2049 Physician assistants; licenses; temporary licenses; issuance; military spouse; temporary license.
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(1) The department, with the recommendation of the board, shall issue licenses to persons who are graduates of an approved program and have passed a proficiency examination. (2) The department, with the recommendation of the board, shall issue temporary licenses under this subsec…
Repealed. Laws 2026, LB905, § 69.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-2050 Physician assistants; supervision; supervising physician; requirements; collaborative agreement.
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(1) To be a supervising physician, a person shall: (a) Be licensed to practice medicine and surgery under the Uniform Credentialing Act; (b) Have no restriction imposed by the board on his or her ability to supervise or collaborate with a physician assistant; and (c) Be a party t…
Neb. Rev. Stat. § 38-2051 Physician assistants; compact privilege.
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A person holding a compact privilege to practice in Nebraska under the Physician Assistant (PA) Licensure Compact may act as a physician assistant as authorized pursuant to such compact.
Neb. Rev. Stat. § 38-2052 Physician assistants; misrepresentation; penalty.
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Any person who has not been licensed by the department, with the recommendation of the board, and who holds himself or herself out as a physician assistant, or who uses any other term to indicate or imply that he or she is a physician assistant, shall be guilty of a Class IV felo…
Repealed. Laws 2026, LB912, § 39.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-2054 Physician assistants; licensed; not engaged in unauthorized practice of medicine.
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Any physician assistant who is licensed and who renders services under the supervision of a licensed physician as provided by the Medicine and Surgery Practice Act shall not be construed to be engaged in the unauthorized practice of medicine.
Neb. Rev. Stat. § 38-2055 Physician assistants; prescribe drugs and devices; restrictions; therapeutic regimen; powers.
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(1) A physician assistant, under a collaborative agreement with a supervising physician, may prescribe drugs and devices. (2) All such prescriptions and prescription container labels shall bear the name of the physician assistant. A physician assistant who prescribes controlled s…
Neb. Rev. Stat. § 38-2056 Physician Assistant Committee; created; membership; powers and duties; per diem; expenses.
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(1) There is hereby created the Physician Assistant Committee which shall review and make recommendations to the board regarding all matters relating to physician assistants that come before the board. Such matters shall include, but not be limited to, (a) applications for licens…
Neb. Rev. Stat. § 38-2057 Acupuncture; exemptions.
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The provisions of the Medicine and Surgery Practice Act relating to acupuncture do not apply to: (1) Any other health care practitioner credentialed under the Uniform Credentialing Act practicing within the scope of his or her profession; (2) A student practicing acupuncture unde…
Neb. Rev. Stat. § 38-2058 Acupuncture; license required; standard of care.
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It is unlawful to practice acupuncture on a person in this state unless the acupuncturist is licensed to practice acupuncture under the Uniform Credentialing Act. An acupuncturist licensed under the Uniform Credentialing Act shall provide the same standard of care to patients as …
Neb. Rev. Stat. § 38-2059 Acupuncture; consent required.
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The practice of acupuncture shall not be performed upon any person except with the voluntary and informed consent of such person. Information provided in connection with obtaining such informed consent shall include, but not be limited to, the following: (1) The distinctions and …
Repealed. Laws 2025, LB346, § 74. Operative date July 1, 2026. Board; duties.
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The board shall: (1) Establish standards for integrated practice agreements between collaborating physicians and certified nurse midwives; (2) Monitor the scope of practice by certified nurse midwives, certified registered nurse anesthetists, clinical nurse specialists, and nurse…
Neb. Rev. Stat. § 38-2060 Acupuncture; license requirements.
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At the time of application for an initial license to practice acupuncture, the applicant shall present to the department proof that he or she: (1) Has graduated from, after having successfully completed the acupuncture curriculum requirements of, a formal, full-time acupuncture p…
Neb. Rev. Stat. § 38-2061 Fees.
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The department shall establish and collect fees for credentialing under the Medicine and Surgery Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-2062 Anatomic pathology service; unprofessional conduct.
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(1) It shall be unprofessional conduct for any physician who orders but does not supervise or perform a component of an anatomic pathology service to fail to disclose in any bill for such service presented to a patient, entity, or person: (a) The name and address of the physician…
Repealed. Laws 2019, LB29, § 5.
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[Repealed or reserved.]
Neb. Rev. Stat. § 38-2064 Perinatal mental health disorders; referral network; questionnaire.
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The board may work with accredited hospitals and licensed health care professionals and may create a referral network in Nebraska to develop policies, procedures, information, and educational materials to meet each of the following requirements concerning perinatal mental health …
Neb. Rev. Stat. § 38-2065 Internationally trained physician; terms, defined.
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For purposes of sections 38-2065 to 38-2071: (1) Assessment and evaluation program means a structured program approved by the department, with the recommendation of the board, which utilizes multiple assessment methods to evaluate an internationally trained physician's performanc…
Neb. Rev. Stat. § 38-2066 Internationally trained physician; provisional license; eligibility; renewal; practice authorized; participating health care entity; duties; assessment and evaluation program; department; powers and duties.
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(1) The department, with the recommendation of the board, may issue a provisional license for no longer than three years to an internationally trained physician if the physician and the participating health care entity submit evidence that the physician: (a) Meets the definition …
Neb. Rev. Stat. § 38-2067 Internationally trained physician; transitional license; eligibility; renewal.
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(1) The department, with the recommendation of the board, may issue a transitional license for no longer than three years to an internationally trained physician if such physician has: (a) Practiced medicine for three years under the supervision of a participating health care ent…
Neb. Rev. Stat. § 38-2068 Internationally trained physician; unrestricted license; eligibility; physician; provide information, when.
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(1) After an internationally trained physician has practiced under a provisional license for a minimum of three years and a transitional license for a minimum of three years, such physician shall be eligible to apply for an unrestricted license to practice medicine in this state.…
Neb. Rev. Stat. § 38-2069 Internationally trained physician; participating health care entity; requirements.
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A participating health care entity employing a physician practicing under a provisional or transitional license shall ensure that such physician: (1) Is subject to, and protected by, the entity's policies regarding work hours, discrimination and harassment, and access to wellness…
Neb. Rev. Stat. § 38-207 License; issuance; department; powers and duties.
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The department shall issue a license as an advanced practice registered nurse to a registered nurse who meets the requirements of subsection (1) or (3) of section 38-208. The department may issue a license as an advanced practice registered nurse to a registered nurse pursuant to…
Neb. Rev. Stat. § 38-2070 Internationally trained physician; provisional or transitional license; disciplinary action; grounds; procedure.
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(1) In addition to other grounds for disciplinary action against the license under the Uniform Credentialing Act, the department may take disciplinary action, including suspension and revocation, against a license granted pursuant to section 38-2066 or 38-2067 for professional mi…
Neb. Rev. Stat. § 38-2071 Internationally trained physician; provisional or transitional license; disciplinary action; appeal.
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An internationally trained physician aggrieved by any action against such physician's provisional or transitional license may appeal the decision. The appeal shall be in accordance with the Administrative Procedure Act.
Neb. Rev. Stat. § 38-208 License; qualifications; military spouse; temporary license.
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(1) An applicant for initial licensure as an advanced practice registered nurse shall: (a) Be licensed as a registered nurse under the Nurse Practice Act or have authority based on the Nurse Licensure Compact to practice as a registered nurse in Nebraska; (b) Be a graduate of or …