Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-209 License; renewal; requirements.
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The license of each person licensed under the Advanced Practice Registered Nurse Practice Act shall be renewed at the same time and in the same manner as renewal of a license for a registered nurse and shall require that the applicant have (1) a license as a registered nurse issu…
Neb. Rev. Stat. § 38-210 Expiration of license; conditions.
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An advanced practice registered nurse's license expires if he or she does not renew his or her license to practice as a registered nurse or is not authorized to practice as a registered nurse in this state under the Nurse Licensure Compact.
Neb. Rev. Stat. § 38-2101 Act, how cited.
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Sections 38-2101 to 38-2147 shall be known and may be cited as the Mental Health Practice Act.
Neb. Rev. Stat. § 38-2102 Legislative findings.
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The Legislature finds that, because many mental health practitioners are not regulated in this state, anyone may offer mental health services by using an unrestricted title and that there is no means for identifying qualified practitioners, for enforcing professional standards, o…
Neb. Rev. Stat. § 38-2103 Definitions, where found.
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For purposes of the Mental Health Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2104 to 38-2119 apply.
Neb. Rev. Stat. § 38-2104 Approved educational program, defined.
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(1) Approved educational program means a program of education and training accredited by an agency listed in subsection (2) of this section or approved by the board. Such approval may be based on the program's accreditation by an accrediting agency with requirements similar to an…
Neb. Rev. Stat. § 38-2104.01 Art media, defined.
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Art media means the materials used by an individual to create tangible representations of private experiences, thoughts, and emotions. Art media includes, but is not limited to, traditional art making materials such as paint, clay, drawing implements, photography, and collage, as…
Neb. Rev. Stat. § 38-2104.02 Art therapy, defined.
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(1) Art therapy means the integrative application of psychotherapeutic principles and methods with specialized training in strategic use of art media, the neurobiological implications of art-making, and art-based assessment models in the evaluation, assessment, and treatment of n…
Neb. Rev. Stat. § 38-2105 Board, defined.
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Board means the Board of Mental Health Practice.
Neb. Rev. Stat. § 38-2105.01 Certified art therapist, defined.
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Certified art therapist means a person who is certified to practice art therapy pursuant to the Uniform Credentialing Act and who holds a current certificate issued by the department.
Neb. Rev. Stat. § 38-2106 Certified marriage and family therapist, defined.
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Certified marriage and family therapist means a person who is certified to practice marriage and family therapy pursuant to the Uniform Credentialing Act and who holds a current certificate issued by the department.
Neb. Rev. Stat. § 38-2107 Certified master social work, defined.
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Certified master social work means the specialized application of social work values, knowledge, principles, and methods in all areas of social work practice. Certified master social work may include the private, independent, and autonomous practice of social work.
Neb. Rev. Stat. § 38-2108 Certified master social worker, defined.
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Certified master social worker means a person who meets the standards established in subsection (1) of section 38-2128 and who holds a current certificate issued by the department.
Neb. Rev. Stat. § 38-2109 Certified professional counselor, defined.
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Certified professional counselor means a person who is certified to practice professional counseling pursuant to the Uniform Credentialing Act and who holds a current certificate issued by the department.
Neb. Rev. Stat. § 38-211 Fees.
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The department shall establish and collect fees for initial licensure and renewal under the Advanced Practice Registered Nurse Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-2110 Certified social work, defined.
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Certified social work means the professional application of social work values, knowledge, principles, and methods in all areas of social work practice, except that certified social work shall not include private, independent, and autonomous practice of social work.
Neb. Rev. Stat. § 38-2111 Certified social worker, defined.
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Certified social worker means a person who meets the standards established in subsection (2) of section 38-2128 and who holds a current certificate issued by the department.
Neb. Rev. Stat. § 38-2112 Consultation, defined.
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Consultation means a professional collaborative relationship which is between a licensed mental health practitioner and a consultant who is a psychologist licensed to engage in the practice of psychology in this state as provided in section 38-3111 or as provided in similar provi…
Neb. Rev. Stat. § 38-2113 Independent mental health practice, defined.
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(1) Independent mental health practice means the provision of treatment, assessment, psychotherapy, counseling, or equivalent activities to individuals, couples, families, or groups for behavioral, cognitive, social, mental, or emotional disorders, including interpersonal or pers…
Neb. Rev. Stat. § 38-2114 Marriage and family therapy, defined.
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Marriage and family therapy means the assessment and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems through the professional application of psychotherapeutic and family systems theories a…
Neb. Rev. Stat. § 38-2115 Mental health practice, defined; limitation on practice.
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(1) Mental health practice means the provision of treatment, assessment, psychotherapy, counseling, or equivalent activities to individuals, couples, families, or groups for behavioral, cognitive, social, mental, or emotional disorders, including interpersonal or personal situati…
Neb. Rev. Stat. § 38-2116 Mental health practitioner, independent mental health practitioner, defined; use of titles.
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(1)(a) Mental health practitioner means a person who holds himself or herself out as a person qualified to engage in mental health practice or a person who offers or renders mental health practice services. (b) Independent mental health practitioner means a person who holds himse…
Neb. Rev. Stat. § 38-2117 Mental health program, defined.
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Mental health program means an approved educational program in a field such as, but not limited to, social work, professional counseling, marriage and family therapy, human development, psychology, family relations, or art therapy, the content of which contains an emphasis on the…
Neb. Rev. Stat. § 38-2118 Professional counseling, defined.
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Professional counseling means the assessment and treatment of mental and emotional disorders within the context of professional counseling theory and practice of individuals, couples, families, or groups and includes, but is not limited to: (1) Assisting individuals or groups thr…
Neb. Rev. Stat. § 38-2119 Social work practice or the practice of social work, defined.
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(1) Social work practice or the practice of social work means the professional activity of helping individuals, groups, and families or larger systems such as organizations and communities to improve, restore, or enhance their capacities for personal and social functioning and th…
Neb. Rev. Stat. § 38-212 Use of title.
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A person licensed as an advanced practice registered nurse in this state may use the title advanced practice registered nurse and the abbreviation APRN.
Neb. Rev. Stat. § 38-2120 Board; membership; qualifications.
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The board shall consist of eleven professional members and three public members appointed pursuant to section 38-158. The members shall meet the requirements of sections 38-164 and 38-165. Two professional members shall be certified master social workers, two professional members…
Neb. Rev. Stat. § 38-2121 License; required; exceptions.
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The requirement to be licensed as a mental health practitioner pursuant to the Uniform Credentialing Act in order to engage in mental health practice shall not be construed to prevent: (1) Qualified members of other professions who are licensed, certified, or registered by this s…
Neb. Rev. Stat. § 38-2122 Mental health practitioner; qualifications.
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A person shall be qualified to be a licensed mental health practitioner if such person: (1) Has received a master's degree, a doctoral degree, or the equivalent of a master's degree, as determined by the board, that consists of course work and training which was primarily therape…
Neb. Rev. Stat. § 38-2122.01 Continuing education in domestic abuse counseling; requirements.
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(1) Every two years, a minimum of two hours of continuing education in domestic abuse counseling shall be required for all licensed mental health practitioners and licensed independent mental health practitioners under the Mental Health Practice Act. (2) Such training shall be co…
Neb. Rev. Stat. § 38-2123 Provisional mental health practitioner license; qualifications; application; expiration; disclosure required.
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(1) A person who needs to obtain the required three thousand hours of supervised experience in mental health practice as specified in section 38-2122 to qualify for a mental health practitioner license shall obtain a provisional mental health practitioner license. To qualify for …
Neb. Rev. Stat. § 38-2124 Independent mental health practitioner; qualifications.
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(1) No person shall hold himself or herself out as an independent mental health practitioner unless he or she is licensed as such by the department or unless he or she holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors…
Neb. Rev. Stat. § 38-2125 Reciprocity; privilege to practice under compact; marriage and family therapist; licensed in another jurisdiction; military spouse; temporary license.
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(1) Except as otherwise provided in subsection (3) of this section, the department, with the recommendation of the board, may issue a license based on licensure in another jurisdiction to an individual who: (a) Meets the licensure requirements of the Mental Health Practice Act or…
Neb. Rev. Stat. § 38-2126 Certified social workers and certified master social workers; legislative findings.
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The Legislature finds that certified social workers and certified master social workers provide a wide range of psychosocial assessment, intervention, and support services that do not constitute the clinical treatment services of licensed mental health practitioners, psychologist…
Neb. Rev. Stat. § 38-2127 Practice of social work; certificate required; exceptions.
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The requirement to be certified as a social worker pursuant to the Uniform Credentialing Act in order to represent himself or herself as a social worker shall not be construed to prevent: (1) Qualified members of other professions, including, but not limited to, licensed physicia…
Neb. Rev. Stat. § 38-2128 Certified master social worker; certified social worker; qualifications.
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(1) A person shall be qualified to be a certified master social worker if he or she: (a) Has a doctorate or a master's degree in social work from an approved educational program; (b) Has had a minimum of at least three thousand hours of experience, in addition to the master's or …
Neb. Rev. Stat. § 38-2129 Provisional certification as master social worker; qualifications; application; expiration.
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(1) A person who needs to obtain the required three thousand hours of supervised experience in social work as specified in section 38-2128 to qualify for certification as a master social worker shall obtain a provisional certification as a master social worker. To qualify for a p…
Neb. Rev. Stat. § 38-213 Perinatal mental health disorders; referral network; questionnaire.
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The board may work with accredited hospitals, advanced practice registered nurses, 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 requiremen…
Neb. Rev. Stat. § 38-2130 Certified professional counselor, social worker, certified art therapist; reciprocity; certified marriage and family therapist; licensed in another jurisdiction; military spouse; temporary certificate.
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(1) The department, with the recommendation of the board, may issue a certificate based on licensure in another jurisdiction to represent oneself as a certified professional counselor, a social worker, or a certified art therapist to an individual who meets the requirements of th…
Neb. Rev. Stat. § 38-2131 Certified social workers; certified master social workers; act, how construed.
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Nothing in the Mental Health Practice Act shall be construed to require the State of Nebraska, any agency of the State of Nebraska, or any of the entities which operate under rules and regulations of a state agency, which either employ or contract for the services of social servi…
Neb. Rev. Stat. § 38-2132 Certified professional counselor; qualifications.
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A person shall be qualified to be a certified professional counselor if he or she: (1) Has received a master's degree from an approved educational program; (2) Has had three thousand hours of experience in professional counseling approved by the board after receipt of the master'…
Neb. Rev. Stat. § 38-2132.01 Certified professional counselor; eligibility for licensure under compact.
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The only persons credentialed pursuant to the Mental Health Practice Act that are eligible to be licensed professional counselors under the Licensed Professional Counselors Interstate Compact are licensed independent mental health practitioners with a certification in professiona…
Neb. Rev. Stat. § 38-2133 Marriage and family therapist; certification; qualifications.
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(1) A person who applies to the department for certification as a marriage and family therapist shall be qualified for such certification if he or she: (a) Provides evidence to the department that he or she has a master's or doctoral degree in marriage and family therapy from a p…
Neb. Rev. Stat. § 38-2134 Marriage and family therapists; act, how construed.
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Nothing in the Mental Health Practice Act shall be construed to require the State of Nebraska, any agency of the State of Nebraska, or any of the entities which operate under rules and regulations of a state agency, which employ or contract for the services of marriage and family…
Neb. Rev. Stat. § 38-2135 Fees.
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The department shall establish and collect fees for credentialing under the Mental Health Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-2136 Mental health practitioners; confidentiality; exception.
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No person who is licensed or certified pursuant to the Mental Health Practice Act or who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact shall disclose any information he or she may have acquired …
Neb. Rev. Stat. § 38-2137 Mental health practitioner; duty to warn of patient's threatened violent behavior; limitation on liability.
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(1) There shall be no monetary liability on the part of, and no cause of action shall arise against, any person who is licensed or certified pursuant to the Mental Health Practice Act or who holds a privilege to practice in Nebraska as a professional counselor under the Licensed …
Neb. Rev. Stat. § 38-2138 Code of ethics; board; duties; duty to report violations.
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(1) The board shall adopt a code of ethics which is essentially in agreement with the current code of ethics of the national and state associations of the specialty professions included in mental health practice and which the board deems necessary to assure adequate protection of…
Neb. Rev. Stat. § 38-2139 Additional grounds for disciplinary action.
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In addition to the grounds for disciplinary action found in sections 38-178 and 38-179, a credential or privilege to practice or multistate authorization in Nebraska subject to the Mental Health Practice Act may be denied, refused renewal, limited, revoked, or suspended or have o…
Neb. Rev. Stat. § 38-2140 Art therapist; certification; qualifications.
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(1) For purposes of this section, qualified supervisor means a qualified physician, a psychologist licensed to engage in the practice of psychology, a licensed mental health practitioner, a licensed independent mental health practitioner, or a certified art therapist who has met …