Nebraska Statutes 84-946. Statement of policy
It is the policy of the State of Nebraska:
Terms Used In Nebraska Statutes 84-946
- Lawful occupation: means a course of conduct, a pursuit, or a profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling them is subject to an occupational regulation. See Nebraska Statutes 84-936
- Least restrictive regulation: means one of the following types of regulation, listed from least restrictive to most restrictive, consistent with the health, safety, and welfare of the public:
(1) Market competition. See Nebraska Statutes 84-937
- Occupational regulation: includes any government certification, registration, and occupational license. See Nebraska Statutes 84-940
- 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
(1) To protect the fundamental right of an individual to pursue a lawful occupation;
(2) To use the least restrictive regulation which is necessary to protect consumers from undue risk of present, significant, and substantiated harms that clearly threaten or endanger the health, safety, or welfare of the public when competition alone is not sufficient and which is consistent with the public interest;
(3) To enforce an occupational regulation against an individual only to the extent that the individual sells goods or services that are included explicitly in the statutes that govern the occupation;
(4) To construe and apply occupational regulations to increase opportunities, promote competition, and encourage innovation;
(5) To use the least restrictive method of regulation as set out in section 71-6222 for lawful occupations subject to the Nebraska Regulation of Health Professions Act; and
(6) To provide ongoing legislative review of occupational regulations.