Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-2141 Certified art therapist; reciprocity or prior experience; credential issued, when.
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(1) The department, with the recommendation of the board, may issue a credential under the Mental Health Practice Act as a certified art therapist based on licensure in another state or jurisdiction to an individual who meets the requirements of section 38-2140 or substantially e…
Neb. Rev. Stat. § 38-2142 Provisional certification as art therapist; 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 art therapy as specified in section 38-2140 to qualify for certification as an art therapist shall obtain a provisional certification as an art therapist. To qualify for a provisional c…
Neb. Rev. Stat. § 38-2143 Art therapy; act, how construed.
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Nothing in the Mental Health Practice Act shall be construed to prevent or restrict any person who has obtained a credential under the Uniform Credentialing Act from engaging in any activity or practice, including use of art and art materials, that is consistent with such person'…
Neb. Rev. Stat. § 38-2144 Certified art therapist; confidentiality.
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Except as otherwise provided in section 38-2136, a certified art therapist shall not disclose any information, including, but not limited to, client records, artwork, verbal or artistic expressions, assessment results, or assessment interpretations, that such certified art therap…
Neb. Rev. Stat. § 38-2145 Art therapist advisory committee; appointment; develop standards.
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(1) The board may appoint an art therapist advisory committee, as provided in section 38-161, to assist the board in carrying out its duties under the Mental Health Practice Act. (2) An advisory committee appointed pursuant to this section shall develop recommendations for adopti…
Neb. Rev. Stat. § 38-2146 Certified art 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 art therapists, to …
Neb. Rev. Stat. § 38-2147 Social work; multistate license; multistate authorization to practice.
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(1) The department, with the recommendation of the board, shall issue multistate licenses to practice social work as provided in the Social Worker Licensure Compact. (2) The department shall establish and collect fees for issuance of a multistate license as provided in sections 3…
Neb. Rev. Stat. § 38-2201 Act, how cited.
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Sections 38-2201 to 38-2238 shall be known and may be cited as the Nurse Practice Act.
Neb. Rev. Stat. § 38-2202 Definitions, where found.
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For purposes of the Nurse Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2203 to 38-2212 apply.
Neb. Rev. Stat. § 38-2203 Assigning, defined.
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Assigning means appointing or designating another individual the responsibility for the performance of nursing interventions.
Neb. Rev. Stat. § 38-2204 Board, defined.
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Board means the Board of Nursing.
Neb. Rev. Stat. § 38-2205 Delegating, defined.
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Delegating means transferring to another individual the authority, responsibility, and accountability to perform nursing interventions.
Neb. Rev. Stat. § 38-2206 Directing, defined.
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Directing means managing, guiding, and supervising the nursing interventions performed by another individual.
Neb. Rev. Stat. § 38-2207 Executive director, defined.
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Executive director means the executive director of the board.
Neb. Rev. Stat. § 38-2208 License, defined.
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License, for purposes of discipline, includes the multistate licensure privilege to practice granted by the Nurse Licensure Compact. If the multistate licensure privilege is restricted due to disciplinary action by the home state, the department may, upon request by the individua…
Neb. Rev. Stat. § 38-2209 Licensed practitioner, defined.
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Licensed practitioner means a person lawfully authorized to prescribe medications or treatments.
Neb. Rev. Stat. § 38-2210 Practice of nursing, defined.
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Practice of nursing means the performance for compensation or gratuitously of any act expressing judgment or skill based upon a systematized body of nursing knowledge. Such acts include the identification of and intervention in actual or potential health problems of individuals, …
Neb. Rev. Stat. § 38-2211 Practice of nursing by a licensed practical nurse, defined.
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(1) Practice of nursing by a licensed practical nurse means the assumption of responsibilities and accountability for nursing practice in accordance with knowledge and skills acquired through an approved program of practical nursing. A licensed practical nurse may function at the…
Neb. Rev. Stat. § 38-2212 Practice of nursing by a registered nurse, defined.
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(1) The practice of nursing by a registered nurse means assuming responsibility and accountability for nursing actions. (2) Nursing actions include, but are not limited to: (a) Assessing human responses to actual or potential health conditions; (b) Establishing nursing diagnoses;…
Neb. Rev. Stat. § 38-2213 Board; members; qualifications.
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(1) The board shall consist of ten registered nurse members, two licensed practical nurse members, and three public members. The registered nurses on the board shall be from the following areas: (a) One practical nurse educator; (b) one associate degree or diploma nurse educator;…
Neb. Rev. Stat. § 38-2214 Board members; additional qualifications.
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(1) Each licensed practical nurse educator on the board shall (a) be a registered nurse currently licensed in the state, (b) have graduated with a graduate degree in nursing or a related field of study, (c) have had a minimum of five years' experience in administration, teaching,…
Neb. Rev. Stat. § 38-2215 Executive director; qualifications; practice consultant, education consultant, and nurse investigators; department; appoint.
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(1) The department shall appoint an executive director who is a registered nurse currently licensed in this state and who has a graduate degree in nursing. The executive director shall have a minimum of five years' experience within the last ten years in the areas of administrati…
Neb. Rev. Stat. § 38-2216 Board; rules and regulations; powers and duties; enumerated.
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In addition to the duties listed in sections 38-126 and 38-161, the board shall: (1) Adopt reasonable and uniform standards for nursing practice and nursing education; (2) If requested, issue or decline to issue advisory opinions defining acts which in the opinion of the board ar…
Neb. Rev. Stat. § 38-2217 Nursing; license; required.
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In the interest of health and morals and the safeguarding of life, any person practicing or offering to practice nursing in this state for compensation or gratuitously, except as provided in section 38-2218, shall submit satisfactory evidence as provided in the Nurse Practice Act…
Neb. Rev. Stat. § 38-2218 Nursing; practices permitted.
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The Nurse Practice Act confers no authority to practice medicine or surgery. The Nurse Practice Act does not prohibit: (1) Home care provided by parents, foster parents, family, or friends if such person does not represent or hold himself or herself out to be a nurse or use any d…
Neb. Rev. Stat. § 38-2219 Health maintenance activities; authorized.
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(1) The Nurse Practice Act does not prohibit performance of health maintenance activities by a designated care aide for a competent adult at the direction of such adult or at the direction of a caretaker for a minor child or incompetent adult. (2) Health maintenance activities ar…
Neb. Rev. Stat. § 38-2220 Nursing; license; application; requirements.
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An applicant for a license to practice as a registered nurse shall submit satisfactory proof that the applicant has completed four years of high school study or its equivalent as determined by the board and has completed the basic professional curriculum in and holds a diploma fr…
Neb. Rev. Stat. § 38-2221 Practical nursing; license; requirements.
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An applicant for a license to practice as a licensed practical nurse shall submit satisfactory proof that the applicant has completed four years of high school study or its equivalent as determined by the board and has completed the basic curriculum in and holds a diploma from an…
Neb. Rev. Stat. § 38-2222 Nursing; license; examination.
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An applicant for a license as a registered nurse or as a licensed practical nurse shall pass an examination as prescribed by the board in rules and regulations.
Neb. Rev. Stat. § 38-2223 Registered nurse; licensed practical nurse; reciprocity; continuing competency requirements; military spouse; temporary license.
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(1) An applicant for a license as a registered nurse or a licensed practical nurse based on licensure in another jurisdiction shall meet the continuing competency requirements as specified in rules and regulations adopted and promulgated by the board in addition to the standards …
Neb. Rev. Stat. § 38-2224 Nursing license; reciprocity; compact requirements.
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Before recognizing a home state license to practice nursing issued by a state which is a party to the Nurse Licensure Compact, the board shall determine that such state's qualifications for a nursing license are substantially equivalent to or more stringent than the minimum quali…
Neb. Rev. Stat. § 38-2225 Nursing; temporary license; issuance; conditions; how long valid; extension.
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(1) A temporary license to practice nursing may be issued to: (a) An individual seeking to obtain licensure or reinstatement of his or her license as a registered nurse or licensed practical nurse when he or she has not practiced nursing in the last five years. A temporary licens…
Neb. Rev. Stat. § 38-2226 License on inactive status; reinstatement.
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Any licensed practical nurse or registered nurse whose license has been placed on inactive status due to a change in primary state of residence under the Nurse Licensure Compact may apply to reinstate his or her license upon (1) change in primary state of residence back to Nebras…
Neb. Rev. Stat. § 38-2227 Fees.
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The department shall establish and collect fees for credentialing under the Nurse Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-2228 Nursing; use of title; restriction.
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(1) In the interest of public safety and consumer awareness, it is unlawful for any person to use the title nurse in reference to himself or herself in any capacity, except individuals who are or have been licensed as a registered nurse or a licensed practical nurse. A Christian …
Neb. Rev. Stat. § 38-2229 Nursing; license; title or abbreviation; use.
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Any person who holds a license to practice as a registered nurse in this state has the right to use the title Registered Nurse and the abbreviation R.N. No other person shall assume or use such title or abbreviation or any words, letters, signs, or devices to indicate that the pe…
Neb. Rev. Stat. § 38-2230 Practical nursing; license; title or abbreviation; use.
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Any person who holds a license to practice as a licensed practical nurse in this state shall have the right to use the title Licensed Practical Nurse and the abbreviation L.P.N. No other person shall assume or use such title or abbreviation or any words, letters, signs, or device…
Neb. Rev. Stat. § 38-2231 Disciplinary actions; limitations imposed by compact.
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(1) In order to effectuate the transition into compact administration, the board shall require all licensees entering into or becoming subject to an order of probation or other disciplinary action that limits practice or requires monitoring to agree, as of the date of the order, …
Neb. Rev. Stat. § 38-2232 Nursing program; application.
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An institution desiring to conduct a program of nursing shall apply to the board and submit evidence to the board that it is prepared to carry out the prescribed basic nursing curriculum and to meet the other standards established by the Nurse Practice Act and by the board.
Neb. Rev. Stat. § 38-2233 Nursing program; application; form.
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An application to conduct a program of nursing shall be made in writing upon a form to be approved and furnished by the board.
Neb. Rev. Stat. § 38-2234 Nursing program; survey; report; approval.
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A survey of the program institution shall be made by the executive director or other representative appointed by the board, who shall submit a written report of the survey to the board. If, in the opinion of the board, the program meets the requirements for approval, the board sh…
Neb. Rev. Stat. § 38-2235 Nursing programs; survey; report.
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The board shall, through the executive director or other representative appointed by the board, survey all programs of nursing in the state at time intervals to be determined by the board through rules and regulations. Written reports of such surveys shall be submitted to the boa…
Neb. Rev. Stat. § 38-2236 Nursing programs; failure to maintain standards; notice; discontinue; hearing.
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If the board determines that any approved program of nursing is not maintaining the standards required by the statutes, rules, and regulations, notice in writing, specifying the defect or defects, shall be immediately given to the program. A program which fails to correct these c…
Neb. Rev. Stat. § 38-2237 Intravenous therapy; requirements.
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(1) A licensed practical nurse may provide intravenous therapy if he or she (a) holds a valid license issued before May 1, 2016, by the department pursuant to the Licensed Practical Nurse-Certified Practice Act as such act existed on such date, (b) graduates from an approved prog…
Neb. Rev. Stat. § 38-2238 Licenses issued under Licensed Practical Nurse-Certified Practice Act; how treated.
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On and after November 1, 2017, all licenses issued pursuant to the Licensed Practical Nurse-Certified Practice Act before such date shall be renewed as licenses to practice as a licensed practical nurse pursuant to section 38-2221.
Neb. Rev. Stat. § 38-2301 Act, how cited.
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Sections 38-2301 to 38-2324 shall be known and may be cited as the Nurse Practitioner Practice Act.
Neb. Rev. Stat. § 38-2302 Definitions, where found.
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For purposes of the Nurse Practitioner Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2303 to 38-2314.01 apply.
Neb. Rev. Stat. § 38-2303 Approved certification program, defined.
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Approved certification program means a certification process for nurse practitioners utilized by an approved certifying body that (1) requires evidence of completion of a formal program of study in the nurse practitioner clinical specialty, (2) requires successful completion of a…
Neb. Rev. Stat. § 38-2304 Approved certifying body, defined.
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Approved certifying body means a national certification organization which certifies qualified licensed nurses for advanced practice in a clinical specialty area and which (1) requires eligibility criteria related to education and practice, (2) offers an examination in an advance…
Neb. Rev. Stat. § 38-2305 Approved nurse practitioner program, defined.
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Approved nurse practitioner program means a program which: (1) Is a graduate-level program accredited by a national accrediting body recognized by the United States Department of Education; (2) Includes, but is not limited to, instruction in biological, behavioral, and health sci…