Chapter 38 — HEALTH OCCUPATIONS AND PROFESSIONS
1,295 sections in this chapter.
Neb. Rev. Stat. § 38-2504 Association, defined.
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Association means a recognized national or state association for occupational therapy.
Neb. Rev. Stat. § 38-2505 Board, defined.
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Board means the Board of Occupational Therapy Practice.
Neb. Rev. Stat. § 38-2506 Deep thermal agent modalities, defined.
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Deep thermal agent modalities means therapeutic ultrasound, phonophoresis, and other commercially available technologies. Deep thermal agent modalities does not include the use of diathermy or lasers.
Neb. Rev. Stat. § 38-2506.01 Electromagnetic modality, defined.
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Electromagnetic modality means the use of electromagnetic waves, including radio waves, microwaves, and light waves, to transport electrical and magnetic energy through space to effect changes in body structures.
Neb. Rev. Stat. § 38-2507 Electrotherapeutic agent modalities, defined.
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Electrotherapeutic agent modalities means the use of electrotherapeutic currents and waveforms to (1) facilitate physiologic changes in tissues to increase circulation, facilitate tissue healing, and modulate pain, including, but not limited to, high-voltage galvanic stimulation …
Neb. Rev. Stat. § 38-2507.01 Instrument-assisted modality, defined.
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Instrument-assisted modality means the therapeutic use of an instrument or tool that is manually applied by a trained practitioner to target specific tissues including skin, fascia, and other connective tissues or muscle.
Neb. Rev. Stat. § 38-2508 Mechanical devices, defined.
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Mechanical devices means intermittent compression devices. Mechanical devices does not include devices to perform spinal traction.
Neb. Rev. Stat. § 38-2508.01 Mechanical modality, defined.
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Mechanical modality means the therapeutic use of a mechanical device to apply force, such as compression, distraction, vibration, or controlled mobilization, to modify biomechanical properties and functions of tissues.
Neb. Rev. Stat. § 38-2509 Occupational therapist, defined.
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Occupational therapist means a person holding a current license to practice occupational therapy.
Neb. Rev. Stat. § 38-2510 Practice of occupational therapy, defined.
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(1) Practice of occupational therapy means the therapeutic use of everyday life occupations with persons, groups, or populations to support occupational performance and participation. Occupational therapy practice includes clinical reasoning and professional judgment to evaluate,…
Neb. Rev. Stat. § 38-2511 Occupational therapy aide, defined.
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Occupational therapy aide means a person who is not licensed by the board and who provides supportive services to occupational therapists and occupational therapy assistants and functions only under the guidance, responsibility, and supervision of an occupational therapist or an …
Neb. Rev. Stat. § 38-2512 Occupational therapy assistant, defined.
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Occupational therapy assistant means a person licensed to assist in the practice of occupational therapy under the Occupational Therapy Practice Act and who works under the appropriate supervision of, and in collaboration with, an occupational therapist.
Neb. Rev. Stat. § 38-2513 Physical agent and instrument-assisted modalities, defined.
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Physical agent and instrument-assisted modalities means modalities that produce a biophysiological response through the use of water, temperature, sound, electricity, or mechanical devices.
Neb. Rev. Stat. § 38-2514 Superficial thermal agent modalities, defined.
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Superficial thermal agent modalities means hydrotherapy, whirlpool, cryotherapy, fluidotherapy, hot packs, paraffin, water, infrared, and other commercially available superficial heating and cooling technologies.
Neb. Rev. Stat. § 38-2514.01 Supervision, defined.
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Supervision means a collaborative process for responsible, periodic review and inspection of all aspects of occupational therapy services where (1) the occupational therapist is responsible for occupational therapy services provided by an occupational therapy assistant or an occu…
Neb. Rev. Stat. § 38-2515 Board; members; qualifications.
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The board shall consist of at least four members appointed pursuant to section 38-158. Three of the persons appointed shall have been engaged in rendering services to the public, teaching, or research in occupational therapy for at least five years immediately preceding their app…
Neb. Rev. Stat. § 38-2516 Occupational therapist; therapy assistant; licensure required; activities and services not prohibited.
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(1) No person may represent himself or herself to be a licensed occupational therapist or occupational therapy assistant unless the person is licensed in accordance with the Occupational Therapy Practice Act or has a compact privilege to practice in accordance with the Occupation…
Neb. Rev. Stat. § 38-2517 Occupational therapist; therapy assistant; temporary license; applicability of section.
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(1) A person who has applied to take the examination under section 38-2518 or 38-2519 and who has completed the education and experience requirements of the Occupational Therapy Practice Act may be granted a temporary license to practice as an occupational therapist or an occupat…
Neb. Rev. Stat. § 38-2518 Occupational therapist; license; application; requirements.
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(1) An applicant applying for a license as an occupational therapist shall show to the satisfaction of the department that the applicant: (a) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the department and ac…
Neb. Rev. Stat. § 38-2519 Occupational therapy assistant; license; application; requirements; term.
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(1) An applicant applying for a license as an occupational therapy assistant shall show to the satisfaction of the department that he or she: (a) Has successfully completed the academic requirements of an educational program in occupational therapy recognized by the department an…
Neb. Rev. Stat. § 38-2520 Examination; requirements.
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Each applicant for licensure under the Occupational Therapy Practice Act shall take an examination which tests the applicant's knowledge of the basic and clinical sciences relating to occupational therapy and occupational therapy theory and practice including, but not limited to,…
Neb. Rev. Stat. § 38-2521 Continuing competency requirements; waiver.
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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. § 38-2522 Applicant for licensure; continuing competency requirements.
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An applicant for licensure to practice as an occupational therapist who has met the education and examination requirements in section 38-2518 or to practice as an occupational therapy assistant who has met the education and examination requirements in section 38-2519, who passed …
Neb. Rev. Stat. § 38-2523 Applicant for licensure; reciprocity; continuing competency requirements; military spouse; temporary license.
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(1) An applicant for licensure to practice as an occupational therapist or to practice as an occupational therapy assistant who has met the standards set by the board pursuant to section 38-126 for a license based on licensure in another jurisdiction but is not practicing at the …
Neb. Rev. Stat. § 38-2524 Fees.
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The department shall establish and collect fees for credentialing activities under the Occupational Therapy Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-2525 Occupational therapy aide; supervision requirements.
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An occupational therapy aide shall function under the guidance and responsibility of an occupational therapist and may be supervised by an occupational therapist or an occupational therapy assistant for specifically selected routine tasks for which the aide has been trained and h…
Neb. Rev. Stat. § 38-2526 Occupational therapist; services authorized.
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(1) An occupational therapist may perform any services identified in section 38-2510 for which the occupational therapist is competent to perform based on the occupational therapist's entry-level training or continued professional development. An occupational therapist may pursue…
Neb. Rev. Stat. § 38-2527 Occupational therapy assistant; supervision required.
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An occupational therapy assistant may deliver occupational therapy services enumerated in section 38-2510 in collaboration with and under the supervision of an occupational therapist.
Neb. Rev. Stat. § 38-2528 Referrals.
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(1) An occupational therapist may accept a referral from a licensed health care professional for the purpose of evaluation and rehabilitative treatment which may include, but not be limited to, consultation, rehabilitation, screening, prevention, and patient education services. (…
Neb. Rev. Stat. § 38-2529 Direct access to services.
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The public may have direct access to occupational therapy services.
Neb. Rev. Stat. § 38-2530 Physical agent and instrument-assisted modalities; certification required, when; restrictions.
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(1)(a) If an occupational therapist's occupational therapy educational program does not include education in superficial thermal, deep thermal, electrotherapeutic, and mechanical devices or the occupational therapist is not certified by the Hand Therapy Certification Commission o…
Neb. Rev. Stat. § 38-2531 Rules and regulations.
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(1) The board shall adopt and promulgate rules and regulations regarding role delineation for occupational therapy assistants and continuing competency requirements. Continuing education is sufficient to meet continuing competency requirements. Such requirements may also include,…
Neb. Rev. Stat. § 38-2601 Act, how cited.
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Sections 38-2601 to 38-2623 shall be known and may be cited as the Optometry Practice Act.
Neb. Rev. Stat. § 38-2602 Definitions, where found.
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For purposes of the Optometry Practice Act and elsewhere in the Uniform Credentialing Act, unless the context otherwise requires, the definitions found in sections 38-2603 to 38-2605 apply.
Neb. Rev. Stat. § 38-2603 Board, defined.
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Board means the Board of Optometry.
Neb. Rev. Stat. § 38-2604 Pharmaceutical agents, defined.
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(1) Pharmaceutical agents, for diagnostic purposes, means anesthetics, cycloplegics, and mydriatics. (2) Pharmaceutical agents, for therapeutic purposes, means topical ophthalmic pharmaceutical agents which treat eye diseases, infection, inflammation, and superficial abrasions, o…
Neb. Rev. Stat. § 38-2605 Practice of optometry, defined.
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(1) The practice of optometry means one or a combination of the following: (a) The examination of the human eye to diagnose, treat, or refer for consultation or treatment any abnormal condition of the human eye, ocular adnexa, or visual system; (b) The employment of instruments, …
Neb. Rev. Stat. § 38-2606 Board; members; qualifications.
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The board shall consist of four members, including three licensed optometrists and one public member.
Neb. Rev. Stat. § 38-2607 Practice of optometry; activities not included.
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The practice of optometry shall not be construed to: (1) Include merchants or dealers who sell glasses as merchandise in an established place of business or who sell contact lenses from a prescription for contact lenses written by an optometrist or a person licensed to practice m…
Neb. Rev. Stat. § 38-2608 Optometry; license; requirements.
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Every applicant for a license to practice optometry shall: (1) Present proof that he or she is a graduate of an accredited school or college of optometry; and (2) pass an examination approved by the board. The examination shall cover all subject matter included in the practice of…
Neb. Rev. Stat. § 38-2609 Applicant for licensure based on license outside the state; requirements; military spouse; temporary license.
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(1) In addition to the standards set by the board pursuant to section 38-126, an applicant for licensure based on a license in another state or territory of the United States or the District of Columbia must have been actively engaged in the practice of optometry for at least two…
Neb. Rev. Stat. § 38-2610 License; renewal; statement as to use of pharmaceutical agents.
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In issuing a license or renewal, the department, with the recommendation of the board, shall state whether such person licensed in the practice of optometry has been certified to use pharmaceutical agents pursuant to section 38-2613, 38-2614, or 38-2615 and shall determine an app…
Neb. Rev. Stat. § 38-2611 Continuing competency requirements; waiver.
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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 credential holder submits documentation that circumstances beyond his or her control prevented completion of such requ…
Neb. Rev. Stat. § 38-2612 Fees.
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The department shall establish and collect fees for credentialing under the Optometry Practice Act as provided in sections 38-151 to 38-157.
Neb. Rev. Stat. § 38-2613 Optometrist; diagnostic pharmaceutical agents; use; certification.
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(1) An optometrist licensed in this state may use topical ocular pharmaceutical agents for diagnostic purposes authorized under subdivision (1)(b) of section 38-2605, if such person is certified by the department, with the recommendation of the board, as qualified to use topical …
Neb. Rev. Stat. § 38-2614 Optometrist; therapeutic pharmaceutical agents; certification of courses of instruction; board approval.
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(1) An optometrist licensed in this state may use topical ocular pharmaceutical agents for therapeutic purposes authorized under subdivision (1)(b) or (c) of section 38-2605 if such person is certified by the department, with the recommendation of the board, as qualified to use o…
Neb. Rev. Stat. § 38-2615 Optometrist; applicability of requirements.
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After January 1, 2000, only an optometrist licensed in this state prior to April 30, 1987, may practice optometry without meeting the requirements and obtaining certification required by sections 38-2613 and 38-2614.
Neb. Rev. Stat. § 38-2616 Optometry; approved schools; requirements.
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No school of optometry shall be approved by the board as an accredited school unless the school is accredited by an accrediting organization which is recognized by the United States Department of Education.
Neb. Rev. Stat. § 38-2617 Use of pharmaceutical agents or dispensing of contact lens containing ocular pharmaceutical agent by licensed optometrist; standard of care.
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(1) A licensed optometrist who administers or prescribes pharmaceutical agents for examination or for treatment shall provide the same standard of care to patients as that provided by a physician licensed in this state to practice medicine and surgery utilizing the same pharmaceu…
Neb. Rev. Stat. § 38-2618 Optometric assistants; authorized.
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Any licensed optometrist may employ optometric assistants. Such assistants, under the supervision of a licensed optometrist, may perform such duties as are prescribed in accordance with rules and regulations adopted and promulgated by the department, with the recommendation of th…