Terms Used In Nebraska Statutes > Nebraska Regulation of Health Professions Act

• Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
• Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Assessment: means the act of listing the description of all real property and taxable tangible personal property, determining its taxability, determining its taxable value, and placing it on the assessment roll. See Nebraska Statutes 77-126
• Assessment roll: means a complete and verified list of all real property and the taxable tangible personal property in a county and the associated assessments as defined in section 77-126. See Nebraska Statutes 77-129
• Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
• Board: shall mean the State Board of Health. See Nebraska Statutes 71-6205
• Certificate or certification: shall mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by such regulatory entity and who may assume or use certified in the title or designation to perform prescribed tasks. See Nebraska Statutes 71-6206
• Chairperson: shall mean the chairperson of the Health and Human Services Committee of the Legislature. See Nebraska Statutes 71-6206.01
• Committee: shall mean the technical committee created in section 71-6224. See Nebraska Statutes 71-6207
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Credentialing: shall mean the process of regulating health professions by means of registration, certification, or licensure. See Nebraska Statutes 71-6207.01
• Credentialing shall mean the process of regulating health professions by: means of registration, certification, or licensure. See Nebraska Statutes 71-6207.01
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Directed review: shall mean a review conducted pursuant to section 71-6223. See Nebraska Statutes 71-6207.02
• Director: shall mean the Director of Public Health of the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 71-6208
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Division: shall mean the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 71-6208.01
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Grandfather clause: shall mean a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks. See Nebraska Statutes 71-6209
• Health professional group not previously regulated: shall mean those persons or groups who are not currently licensed or otherwise regulated under the Uniform Credentialing Act, who are determined by the director to be qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of:

  (1) Preventing physical, mental, or emotional injury or illness, excluding persons acting in their capacity as clergy. See Nebraska Statutes 71-6211

• Improvements on leased land: shall mean any item of real property defined in subdivisions (2) through (5) of section 77-103 which is located on land owned by a person other than the owner of the item. See Nebraska Statutes 77-117
• Inspection: shall mean the periodic examination of practitioners by a state agency in order to ascertain whether the practitioner's occupation is being carried out in a manner consistent with the public health, safety, and welfare. See Nebraska Statutes 71-6212
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Parcel: means a contiguous tract of land determined by its boundaries, under the same ownership, and in the same tax district and section. See Nebraska Statutes 77-132
• Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Practitioner: shall mean an individual who has achieved knowledge and skill by the practice of a specified health profession and is actively engaged in such profession. See Nebraska Statutes 71-6215
• Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
• Professional license shall mean an individual nontransferable authorization to work in a health profession based on qualifications which: include graduation from an accredited or approved program and acceptable performance on a qualifying examination or series of examinations. See Nebraska Statutes 71-6214
• Purchase: shall include taking by sale, discount, negotiation, or any other transaction for value creating an interest in property except liens. See Nebraska Statutes 77-122
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Regulated health professions: shall mean those persons or groups who are currently licensed or otherwise regulated under the Uniform Credentialing Act, who are qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of:

  (1) Preventing physical, mental, or emotional injury or illness. See Nebraska Statutes 71-6218

• Regulatory entity: shall mean any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state. See Nebraska Statutes 71-6219
• Review body: shall mean the committee, the board, or the director charged with reviewing applications for new credentialing or change in scope of practice. See Nebraska Statutes 71-6219.01
• Service of process: The service of writs or summonses to the appropriate party.
• State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
• State agency: shall include every state office, department, board, commission, regulatory entity, and agency of the state and, when provided specifically by law to be a state agency for purposes of this section, programs and activities involving less than the full responsibility of a state agency. See Nebraska Statutes 71-6220
• State agency shall: include every state office, department, board, commission, regulatory entity, and agency of the state and, when provided specifically by law to be a state agency for purposes of this section, programs and activities involving less than the full responsibility of a state agency. See Nebraska Statutes 71-6220
• Statute: A law passed by a legislature.
• Trustee: A person or institution holding and administering property in trust.
• Welfare: shall include the ability of the public to achieve ready access to high quality health care services at reasonable costs. See Nebraska Statutes 71-6220.01
• Welfare shall: include the ability of the public to achieve ready access to high quality health care services at reasonable costs. See Nebraska Statutes 71-6220.01
• Year: shall mean calendar year. See Nebraska Statutes 49-801