Uniform Credentialing Act
Advanced Practice Registered Nurse Practice Act
Alcohol and Drug Counseling Practice Act
Athletic Training Practice Act
Audiology and Speech-Language Pathology Practice Act
Certified Nurse Midwifery Practice Act
Certified Registered Nurse Anesthetist Practice Act
Chiropractic Practice Act
Clinical Nurse Specialist Practice Act
Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act
Dentistry Practice Act
Emergency Medical Services Practice Act
Environmental Health Specialists Practice Act
Funeral Directing and Embalming Practice Act
Hearing Instrument Specialists Practice Act
Massage Therapy Practice Act
Medical Nutrition Therapy Practice Act
Medical Radiography Practice Act
Medicine and Surgery Practice Act
Mental Health Practice Act
Nurse Practice Act
Nurse Practitioner Practice Act
Nursing Home Administrator Practice Act
Occupational Therapy Practice Act
Optometry Practice Act
Perfusion Practice Act
Pharmacy Practice Act
Physical Therapy Practice Act
Podiatry Practice Act
Psychology Practice Act
Respiratory Care Practice Act
Veterinary Medicine and Surgery Practice Act
Genetic Counseling Practice Act
Surgical First Assistant Practice Act
Dialysis Patient Care Technician Registration Act
§ 38-28,108 Nebraska Drug Product Selection Act; act, how cited
§ 38-28,109 Drug product selection; purposes of act
§ 38-28,111 Drug product selection; when; pharmacist; duty
§ 38-28,112 Pharmacist; drug product selection; effect on reimbursement; label; price
§ 38-28,113 Drug product selection; pharmacist; practitioner; negligence; what constitutes
§ 38-28,114 Drug; labeling; contents; violation; embargo; effect
§ 38-28,115 Drug product selection; violations; penalty
§ 38-28,116 Drug product selection; rules and regulations; department; duty
§ 38-3601 Compact; citation
§ 38-3602 Purposes of Interstate Medical Licensure Compact
§ 38-3603 Terms, defined
§ 38-3604 Physician; expedited license; eligibility requirements; failure to meet requirements; effect
§ 38-3605 Physician; designate state of principal license
§ 38-3606 Physician; file application; member board; duties; criminal background check; fees; issuance of license
§ 38-3607 Fee; rules
§ 38-3608 Physician; renewal of expedited license; renewal process; fees; rules
§ 38-3609 Data base; contents; public action or complaints; member boards; duties; confidentiality
§ 38-3610 Member board; joint investigations; powers
§ 38-3611 Disciplinary action; unprofessional conduct; reinstatement of license; procedure
§ 38-3612 Interstate Medical Licensure Compact Commission; created; representatives; qualifications; meetings; notice; minutes; executive committee
§ 38-3613 Interstate commission; duty and power
§ 38-3614 Annual assessment; levy; rule; audit
§ 38-3615 Interstate commission; adopt bylaws; officers; immunity; duty to defend; hold harmless
§ 38-3616 Rules; promulgation; judicial review
§ 38-3617 Enforcement of Interstate Medical Licensure Compact; interstate commission; receive service of process
§ 38-3618 Interstate commission; enforcement powers; initiate legal action; remedies available
§ 38-3619 Grounds for default; notice; failure to cure; termination from compact; costs; appeal
§ 38-3620 Disputes; interstate commission; duties; rules
§ 38-3621 Eligibility to become member state; when compact effective; amendments to compact
§ 38-3622 Withdrawal from Interstate Medical Licensure Compact; procedure; responsibilities; reinstatement; rules
§ 38-3623 Dissolution of Interstate Medical Licensure Compact; effect
§ 38-3624 Severability; construction
§ 38-3625 Effect on other laws of member state
§ 38-3801 EMS Personnel Licensure Interstate Compact
§ 38-3901 Psychology Interjurisdictional Compact
§ 38-4001 Physical Therapy Licensure Compact

Terms Used In Nebraska Statutes > Chapter 38

  • Accredited dental assisting program: means a program that is accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body, that is within a school or college approved by the board, and that requires a dental assisting curriculum of not less than one academic year. See Nebraska Statutes 38-1102.01
  • Accredited dental hygiene program: means a program that is accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body, that is within a school or college approved by the board, and that requires a dental hygiene curriculum of not less than two academic years. See Nebraska Statutes 38-1103
  • Accredited hospital: means a hospital accredited by the department, with the recommendation of the board. See Nebraska Statutes 38-2003
  • Accredited hospital or clinic: means a hospital or clinic approved by the board. See Nebraska Statutes 38-2803
  • Accredited institution: means a postsecondary educational institution approved by the board. See Nebraska Statutes 38-2403
  • Accredited school of mortuary science: means a school of the same type as those rated Class A by the Conference of Funeral Service Examining Boards of the United States, Inc. See Nebraska Statutes 38-1403
  • Accredited school or college of dentistry: means a school or college approved by the board and accredited by the American Dental Association Commission on Dental Accreditation, which is an agency recognized by the United States Department of Education as an accrediting body. See Nebraska Statutes 38-1104
  • Accredited school or college of pharmacy: means a school or college of pharmacy or a department of pharmacy of a university approved by the board pursuant to section 38-2804 . See Nebraska Statutes 38-2805
  • Accrediting body: means an entity recognized by the Centers for Medicare and Medicaid Services to provide accrediting services for the Medicare Part B Home Medical Equipment Services Benefit. See Nebraska Statutes 38-2805.01
  • 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
  • Active addiction: means current physical or psychological dependence on alcohol or a substance, which dependence develops following the use of alcohol or a substance on a periodic or continuing basis. See Nebraska Statutes 38-106
  • Active candidate: means an individual who has (1) met the requirements established by the national genetic counseling board to take the national certification examination in general genetics or genetic counseling and (2) been granted active candidate status by the national genetic counseling board. See Nebraska Statutes 38-3403
  • active practice of pharmacy: means the performance of the functions set out in this section by a pharmacist as his or her principal or ordinary occupation. See Nebraska Statutes 38-2837
  • Acupuncture: means the insertion, manipulation, and removal of acupuncture needles and the application of manual, mechanical, thermal, electrical, and electromagnetic treatment to such needles at specific points or meridians on the human body in an effort to promote, maintain, and restore health and for the treatment of disease, based on acupuncture theory. See Nebraska Statutes 38-2006
  • Acupuncturist: means a person engaged in the practice of acupuncture. See Nebraska Statutes 38-2007
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administer: means to directly apply a drug or device by injection, inhalation, ingestion, or other means to the body of a patient or research subject. See Nebraska Statutes 38-2806
  • Administration: means the act of (1) administering, (2) keeping a record of such activity, and (3) observing, monitoring, reporting, and otherwise taking appropriate action regarding desired effect, side effect, interaction, and contraindication associated with administering the drug or device. See Nebraska Statutes 38-2807
  • Administrator or nursing home administrator: means any individual who meets the education and training requirements of section 38-2419 and is responsible for planning, organizing, directing, and controlling the operation of a nursing home or an integrated system or who in fact performs such functions, whether or not such functions are shared by one or more other persons. See Nebraska Statutes 38-2404
  • Administrator-in-training: means a person who is undergoing training to become a nursing home administrator and is directly supervised in a nursing home by a certified preceptor. See Nebraska Statutes 38-2405
  • Advanced emergency medical technician practice of out-of-hospital emergency medical care: means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for an advanced emergency medical technician. See Nebraska Statutes 38-1204.01
  • 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.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Alcohol and drug counseling: means providing or performing the core functions of an alcohol and drug counselor for remuneration. See Nebraska Statutes 38-303
  • Alcohol and drug counselor: means a person engaged in alcohol and drug counseling. See Nebraska Statutes 38-304
  • Alcohol or drug abuse: means the abuse of alcohol or other drugs which have significant mood or perception changing capacities, which are likely to be physiologically or psychologically addictive, and the use of which have negative physical, social, or psychological consequences. See Nebraska Statutes 38-305
  • Alcohol or drug dependence: means cognitive, behavioral, and psychological symptoms indicating the continued use of alcohol or other drugs despite significant alcohol or drug-related problems. See Nebraska Statutes 38-306
  • Alcohol or drug disorder: means a substance-related disorder as defined by the department in rules and regulations substantially similar with the definitions of the American Psychiatric Association in the Diagnostic and Statistical Manual of Mental Disorders. See Nebraska Statutes 38-307
  • Alcohol or substance abuse: means a maladaptive pattern of alcohol or substance use leading to clinically significant impairment or distress as manifested by one or more of the following occurring at any time during the same twelve-month period:

    (1) Recurrent alcohol or substance use resulting in a failure to fulfill major role obligations at work, school, or home. See Nebraska Statutes 38-107

  • Allegation: something that someone says happened.
  • Ambulance: means any privately or publicly owned motor vehicle or aircraft that is especially designed, constructed or modified, and equipped and is intended to be used and is maintained or operated for the overland or air transportation of patients upon the streets, roads, highways, airspace, or public ways in this state or any other motor vehicles or aircraft used for such purposes. See Nebraska Statutes 38-1205
  • An accredited college of chiropractic: means (1) one which is approved by the board, (2) a legally chartered college of chiropractic requiring for admission a diploma from an accredited high school or its equivalent and, beginning with students entering a college of chiropractic on or after January 1, 1974, at least two years credit from an accredited college or university of this or some other state, which requirement shall be regularly published in each prospectus or catalog issued by such institution, (3) one which conducts a clinic for patients in which its students are required to regularly participate in the care and adjustment of patients, (4) one giving instruction in anatomy, orthopedics, physiology, embryology, chemistry, pathology, health ecology, bacteriology, symptomatology, histology, spinal analysis, diagnosis, roentgenology, neurology, and principles and practice of chiropractic, and (5) one requiring an actual attendance for four college years totaling not less than four thousand hours. See Nebraska Statutes 38-803
  • An accredited pharmacy program: means one approved by the board upon the recommendation of the accrediting committee of the Accreditation Council for Pharmacy Education. See Nebraska Statutes 38-2804
  • An accredited school or college of medicine: means one approved by the board, and such school or college shall meet and maintain generally minimum standards approved by the board. See Nebraska Statutes 38-2004
  • An accredited school or college of osteopathic medicine: means one approved by the board. See Nebraska Statutes 38-2005
  • Analgesia: means the diminution or elimination of pain in the conscious patient. See Nebraska Statutes 38-1105
  • Animal: means any animal other than man and includes birds, fish, and reptiles, wild or domestic, living or dead, except domestic poultry. See Nebraska Statutes 38-3304
  • Animal means any animal other than man and: includes birds, fish, and reptiles, wild or domestic, living or dead, except domestic poultry. See Nebraska Statutes 38-3304
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Any person: shall be deemed to be practicing dentistry who:

    (1) Performs, or attempts or professes to perform, any dental operation or oral surgery or dental service of any kind, gratuitously or for a salary, fee, money, or other remuneration paid, or to be paid directly or indirectly, to such person or to any other person or agency who is a proprietor of a place where dental operations, oral surgery, or dental services are performed. See Nebraska Statutes 38-1115

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Apprentice: means a person engaged in the study of any or all of the practices of cosmetology under the supervision of an instructor in an apprentice salon. See Nebraska Statutes 38-1005
  • Apprentice: means a person registered with the department as an apprentice who is completing a twelve-month apprenticeship under the supervision of a licensed funeral director and embalmer practicing in the State of Nebraska. See Nebraska Statutes 38-1404
  • Apprentice salon: means a cosmetology salon licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the teaching of any or all of the practices of cosmetology to apprentices. See Nebraska Statutes 38-1006
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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 nationally recognized certification examination developed by the approved certifying body, (3) provides an ongoing recertification program, and (4) is approved by the board. See Nebraska Statutes 38-2303
  • Approved certified nurse midwifery education program: means a certified nurse midwifery education program approved by the board. See Nebraska Statutes 38-604
  • 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 advanced nursing area which meets current psychometric guidelines and tests, and (3) is approved by the board. See Nebraska Statutes 38-2304
  • Approved certifying body: means a national certification organization which (1) is approved by the board, (2) certifies qualified licensed registered nurses for advanced practice, (3) has eligibility requirements related to education and practice, and (4) offers an examination in an area of practice which meets psychometric guidelines and tests approved by the board. See Nebraska Statutes 38-903
  • Approved certifying body: means a national certification organization which is approved by the board, certifies qualified surgical first assistants, has eligibility requirements related to education and practice, and offers an examination in an area of practice which meets guidelines and tests approved by the board. See Nebraska Statutes 38-3504
  • Approved educational program: means a program for the education and training of physical therapists and physical therapist assistants approved by the board pursuant to section 38-2926 . See Nebraska Statutes 38-2904
  • Approved educational program: includes a program of education and training accredited by:

    (a) The Commission on Accreditation for Marriage and Family Therapy Education. See Nebraska Statutes 38-2104

  • Approved massage therapy school: means (1) one which is approved by the board, (2) one which requires for admission a diploma from an accredited high school or its equivalent, (3) one which has attached to its staff a regularly licensed physician and employs one or more competent massage therapists as instructors, and (4) one which has a minimum requirement of a continuous course of study and training of not less than one thousand hours distributed over a term of not less than nine months. See Nebraska Statutes 38-1703
  • 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. See Nebraska Statutes 38-2305

  • Approved surgical first assistant education program: means a program accredited by the Commission on Accreditation of Allied Health Education Programs or the Accrediting Bureau of Health Education Schools or other accreditation entity approved by the board. See Nebraska Statutes 38-3505
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment: means the process of evaluating the nutritional status of patients. See Nebraska Statutes 38-1804
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assigning: means appointing or designating another individual the responsibility for the performance of nursing interventions. See Nebraska Statutes 38-2203
  • Association: means a recognized national or state association for occupational therapy. See Nebraska Statutes 38-2504
  • Athletic injuries: means the types of musculoskeletal injury or common illness and conditions which athletic trainers are educated to treat or refer, incurred by athletes, which prevent or limit participation in sports or recreation. See Nebraska Statutes 38-403
  • Athletic trainer: means a person who is responsible for the prevention, emergency care, first aid, treatment, and rehabilitation of athletic injuries under guidelines established with a licensed physician and who is licensed to perform the functions set out in section 38-408 . See Nebraska Statutes 38-404
  • Athletic training: means the prevention, evaluation, emergency care, first aid, treatment, and rehabilitation of athletic injuries utilizing the treatments set out in section 38-408 . See Nebraska Statutes 38-405
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
  • Audiologist: means an individual who practices audiology and who presents himself or herself to the public by any title or description of services incorporating the words audiologist, hearing clinician, or hearing therapist or any similar title or description of services. See Nebraska Statutes 38-503
  • Audiology or speech-language pathology assistant or any individual who presents himself or herself to the public by any title or description with the same duties: means any person who, following specified training and receiving specified supervision, provides specified limited structured communication or swallowing services, which are developed and supervised by a licensed audiologist or licensed speech-language pathologist, in the areas in which the supervisor holds licenses. See Nebraska Statutes 38-505
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Bioequivalent: means drug products: (1) That are legally marketed under regulations promulgated by the federal Food and Drug Administration. See Nebraska Statutes 38-2807.01
  • Biological control agent: shall mean a parasite, predator, pathogen, or competitive organism intentionally released by humans for the purposes of biological control with the intent of causing a reduction of a host or prey population. See Nebraska Statutes 2-1075
  • Board: means the Board of Advanced Practice Registered Nurses. See Nebraska Statutes 38-2306
  • Board: means the Board of Nursing Home Administration. See Nebraska Statutes 38-2406
  • Board: means the Board of Occupational Therapy Practice. See Nebraska Statutes 38-2505
  • Board: means the Board of Optometry. See Nebraska Statutes 38-2603
  • Board: means the Board of Advanced Practice Registered Nurses. See Nebraska Statutes 38-204
  • Board: means the Board of Alcohol and Drug Counseling. See Nebraska Statutes 38-308
  • Board: means the Board of Pharmacy. See Nebraska Statutes 38-2808
  • Board: means the Board of Athletic Training. See Nebraska Statutes 38-406
  • Board: means the Board of Audiology and Speech-Language Pathology. See Nebraska Statutes 38-504
  • Board: means the Board of Advanced Practice Registered Nurses. See Nebraska Statutes 38-605
  • Board: means the Board of Advanced Practice Registered Nurses. See Nebraska Statutes 38-703
  • Board: means the Board of Chiropractic. See Nebraska Statutes 38-804
  • Board: means the Board of Advanced Practice Registered Nurses. See Nebraska Statutes 38-904
  • Board: means the Board of Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art. See Nebraska Statutes 38-1007
  • Board: means the Board of Physical Therapy. See Nebraska Statutes 38-2905
  • Board: means the Board of Podiatry. See Nebraska Statutes 38-3003
  • Board: means the Board of Psychology. See Nebraska Statutes 38-3103
  • Board: means the Board of Respiratory Care Practice. See Nebraska Statutes 38-3203
  • Board: means the Board of Dentistry. See Nebraska Statutes 38-1106
  • Board: means the Board of Veterinary Medicine and Surgery. See Nebraska Statutes 38-3306
  • Board: means the Board of Emergency Medical Services. See Nebraska Statutes 38-1206
  • Board: means the Board of Medicine and Surgery. See Nebraska Statutes 38-3506
  • Board: means the Board of Registered Environmental Health Specialists. See Nebraska Statutes 38-1303
  • Board: means the Board of Funeral Directing and Embalming. See Nebraska Statutes 38-1405
  • Board: means the Board of Hearing Instrument Specialists. See Nebraska Statutes 38-1503
  • Board: means the Board of Massage Therapy. See Nebraska Statutes 38-1704
  • Board: means the Board of Medical Nutrition Therapy. See Nebraska Statutes 38-1805
  • Board: means the Board of Medical Radiography. See Nebraska Statutes 38-1903
  • Board: means the Board of Medicine and Surgery. See Nebraska Statutes 38-2010
  • Board: means the Board of Mental Health Practice. See Nebraska Statutes 38-2105
  • Board: means the Board of Nursing. See Nebraska Statutes 38-2204
  • Boards: means the Board of Advanced Practice Registered Nurses and the Board of Nursing of the State of Nebraska. See Nebraska Statutes 38-2307
  • Body art: means body piercing, branding, permanent color technology, and tattooing. See Nebraska Statutes 38-1008
  • Body art facility: means any room or space or any part thereof where body art is performed or where the business of body art is conducted. See Nebraska Statutes 38-1009
  • Body piercing: means puncturing the skin of a person by aid of needles or other instruments designed or used to puncture the skin for the purpose of inserting removable jewelry or other objects through the human body, except that body piercing does not include puncturing the external part of the human earlobe. See Nebraska Statutes 38-1010
  • Branch establishment: means a place of business situated at a specific street address or location which is a subsidiary of a licensed funeral establishment, which contains a casket display room, a viewing area, or an area for conducting funeral services, or all of them, and where any portion of the funeral service or arrangements for the disposition of a dead human body is conducted. See Nebraska Statutes 38-1406
  • Branch establishment means a place of business situated at a specific street address or location which: is a subsidiary of a licensed funeral establishment, which contains a casket display room, a viewing area, or an area for conducting funeral services, or all of them, and where any portion of the funeral service or arrangements for the disposition of a dead human body is conducted. See Nebraska Statutes 38-1406
  • Brand name: means the proprietary or trade name selected by the manufacturer, distributor, or packager for a drug product and placed upon the labeling of such product at the time of packaging. See Nebraska Statutes 38-2807.03
  • Branding: means a permanent mark made on human tissue by burning with a hot iron or other instrument. See Nebraska Statutes 38-1011
  • Business: means a person engaged in providing services listed in subsection (3) of section 38-121 . See Nebraska Statutes 38-109
  • Calculated expiration date: means the expiration date on the manufacturer's, packager's, or distributor's container or one year from the date the drug or device is repackaged, whichever is earlier. See Nebraska Statutes 38-2808.01
  • Caregiver: means any person acting as an agent on behalf of a patient or any person aiding and assisting a patient. See Nebraska Statutes 38-2809
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Casket: means a receptacle for a dead human body and does not include vaults, lawn crypts, mausoleums, or other outside receptacles for caskets. See Nebraska Statutes 38-1407
  • Casket means a receptacle for a dead human body and does not: include vaults, lawn crypts, mausoleums, or other outside receptacles for caskets. See Nebraska Statutes 38-1407
  • Certificate: means an authorization issued by the department that gives a person the right to use a protected title that only a person who has met specific requirements may use. See Nebraska Statutes 38-110
  • Certification examination: means the examination offered by either the national genetic counseling board or the national medical genetics board. See Nebraska Statutes 38-3404
  • 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. See Nebraska Statutes 38-2106
  • Certified master social work: means the specialized application of social work values, knowledge, principles, and methods in all areas of social work practice. See Nebraska Statutes 38-2107
  • 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. See Nebraska Statutes 38-2108
  • Certified nurse midwife: means a person certified by a board-approved certifying body and licensed under the Advanced Practice Registered Nurse Practice Act to practice certified nurse midwifery in the State of Nebraska. See Nebraska Statutes 38-606
  • Certified preceptor: means a person who is currently licensed by the State of Nebraska as a nursing home administrator, has three years of experience as a nursing home administrator, has practiced within the last two years in a nursing home, and is approved by the department to supervise an administrator-in-training or a person in a mentoring program. See Nebraska Statutes 38-2407
  • 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. See Nebraska Statutes 38-2109
  • Certified registered nurse anesthetist: means a licensed registered nurse certified by a board-approved certifying body and licensed under the Advanced Practice Registered Nurse Practice Act to practice as a certified registered nurse anesthetist in the State of Nebraska. See Nebraska Statutes 38-704
  • Certified seed potatoes: means seed potatoes which have been certified by a certification entity recognized by the department to certify that the seed potatoes are free of regulated plant pests. See Nebraska Statutes 2-1075.02
  • 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. See Nebraska Statutes 38-2110
  • 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. See Nebraska Statutes 38-2111
  • Chambers: A judge's office.
  • Charitable administration: means the performance of any or all of the practices of cosmetology or nail technology without compensation for the benefit of charitable purposes or organizations. See Nebraska Statutes 38-1012
  • Chart order: means an order for a drug or device issued by a practitioner for a patient who is in the hospital or long-term care facility where the chart is stored or for a patient receiving detoxification treatment or maintenance treatment pursuant to section 28-412 . See Nebraska Statutes 38-2810
  • Chemically equivalent: means drug products that contain amounts of the identical therapeutically active ingredients in the identical strength, quantity, and dosage form and that meet present compendial standards. See Nebraska Statutes 38-2810.01
  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Client or patient: means a recipient of psychological services within the context of a professional relationship. See Nebraska Statutes 38-3104
  • Clinical nurse specialist: means a registered nurse certified as described in section 38-908 and licensed under the Advanced Practice Registered Nurse Practice Act to practice as a clinical nurse specialist in the State of Nebraska. See Nebraska Statutes 38-905
  • Code of conduct: means that set of regulatory rules of professional conduct which has been adopted by the board to protect the public welfare by providing rules that govern a professional's behavior in the professional relationship. See Nebraska Statutes 38-3105
  • Collaboration: means a process and relationship in which a nurse practitioner, together with other health professionals, delivers health care within the scope of authority of the various clinical specialty practices. See Nebraska Statutes 38-2308
  • Collaboration: means a process and relationship in which a certified nurse midwife works together with other health professionals to deliver health care within the scope of practice of certified nurse midwifery as provided in the Certified Nurse Midwifery Practice Act. See Nebraska Statutes 38-607
  • Committee: means the Physician Assistant Committee created in section 38-2056 . See Nebraska Statutes 38-2011
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company shall: include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compounding: means the preparation of components into a drug product. See Nebraska Statutes 38-2811
  • Confidential information: means information protected as privileged under applicable law. See Nebraska Statutes 38-177
  • Consultation: means a process whereby a nurse practitioner seeks the advice or opinion of a physician or another health care practitioner. See Nebraska Statutes 38-2309
  • Consultation: means conferring with a physician regarding the activities of the licensed medical nutrition therapist. See Nebraska Statutes 38-1806
  • Consultation: means a professional collaborative relationship 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 provisions of the Psychology Interjurisdictional Compact, a qualified physician, or a licensed independent mental health practitioner in which (1) the consultant makes a diagnosis based on information supplied by the licensed mental health practitioner and any additional assessment deemed necessary by the consultant and (2) the consultant and the licensed mental health practitioner jointly develop a treatment plan which indicates the responsibility of each professional for implementing elements of the plan, updating the plan, and assessing the client's progress. See Nebraska Statutes 38-2112
  • Consultation means a professional collaborative relationship 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 provisions of the Psychology Interjurisdictional Compact, a qualified physician, or a licensed independent mental health practitioner in which (1) the consultant makes a diagnosis based on information supplied by the licensed mental health practitioner and any additional assessment deemed necessary by the consultant and (2) the consultant and the licensed mental health practitioner jointly develop a treatment plan which indicates the responsibility of each professional for implementing elements of the plan, updating the plan, and assessing the client's progress. See Nebraska Statutes 38-2112
  • Consumer: means a person receiving health or health-related services or environmental services and includes a patient, client, resident, customer, or person with a similar designation. See Nebraska Statutes 38-111
  • Consumer means a person receiving health or health-related services or environmental services and: includes a patient, client, resident, customer, or person with a similar designation. See Nebraska Statutes 38-111
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: means a plea or verdict of guilty or a conviction following a plea of nolo contendere or non vult contendere made to a formal criminal charge or a judicial finding of guilt irrespective of the pronouncement of judgment or the suspension thereof and includes instances in which the imposition or the execution of sentence is suspended following a judicial finding of guilt and the defendant is placed on probation. See Nebraska Statutes 38-177
  • Conviction: A judgement of guilt against a criminal defendant.
  • Core educational requirements: means courses necessary for licensure as a nursing home administrator and includes courses in patient care and services, social services, financial management, administration, and rules, regulations, and standards relating to the operation of a health care facility. See Nebraska Statutes 38-2408
  • Core educational requirements means courses necessary for licensure as a nursing home administrator and: includes courses in patient care and services, social services, financial management, administration, and rules, regulations, and standards relating to the operation of a health care facility. See Nebraska Statutes 38-2408
  • Core functions: means the following twelve activities an alcohol and drug counselor performs in the role of counselor: Screening, intake, orientation, assessment, treatment planning, counseling (individual, group, and significant others), case management, crisis intervention, client education, referral, reports and record keeping, and consultation with other professionals in regard to client treatment and services. See Nebraska Statutes 38-309
  • Cosmetologist: means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform all of the practices of cosmetology. See Nebraska Statutes 38-1015
  • Cosmetology: means the practice of performing for compensation any or all (1) of the acts of arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, styling, or similar work upon the hair, wig, wiglet, or hairpiece of any person, by any means, with hands or a mechanical or electrical apparatus or appliance. See Nebraska Statutes 38-1016
  • Cosmetology establishment: means a cosmetology salon, a mobile cosmetology salon, an esthetics salon, a school of cosmetology, a school of esthetics, an apprentice salon, or any other place in which any or all of the practices of cosmetology are performed on members of the general public for compensation or in which instruction or training in any or all of the practices of cosmetology is given, except when such practices constitute nonvocational training. See Nebraska Statutes 38-1017
  • Cosmetology salon: means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the performance of any or all of the practices of cosmetology by persons licensed under such act. See Nebraska Statutes 38-1018
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Course of study: means a program of instruction necessary to obtain a credential meeting the requirements set out for each profession in the appropriate practice act and rules and regulations and includes a college, a professional school, a vocational school, hours of training, or a program of instruction with a similar designation. See Nebraska Statutes 38-112
  • Course of study means a program of instruction necessary to obtain a credential meeting the requirements set out for each profession in the appropriate practice act and rules and regulations and: includes a college, a professional school, a vocational school, hours of training, or a program of instruction with a similar designation. See Nebraska Statutes 38-112
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Credential: means a license, certificate, or registration. See Nebraska Statutes 38-113
  • Crematory authority: means the legal entity subject to licensure by the department to maintain and operate a crematory and perform cremation. See Nebraska Statutes 38-1408
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Deep sedation: means a drug-induced depression of consciousness during which (1) a patient cannot be easily aroused but responds purposefully following repeated or painful stimulation, (2) the ability to independently maintain ventilatory function may be impaired, (3) a patient may require assistance in maintaining a patent airway and spontaneous ventilation may be inadequate, and (4) cardiovascular function is usually maintained. See Nebraska Statutes 38-1106.01
  • Deep thermal agent modalities: means therapeutic ultrasound and phonophoresis. See Nebraska Statutes 38-2506
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defines or: describes the medical functions to be performed by the certified nurse midwife, which are not inconsistent with the Certified Nurse Midwifery Practice Act, as agreed to by the nurse midwife and the collaborating licensed practitioner. See Nebraska Statutes 38-609
  • Degree or advanced degree: means a baccalaureate, master's, or doctorate degree from an accredited institution and which includes studies in the core educational requirements. See Nebraska Statutes 38-2409
  • Delegated dispensing: means the practice of pharmacy by which one or more pharmacists have jointly agreed, on a voluntary basis, to work in conjunction with one or more persons pursuant to sections 38-2872 to 38-2889 under a protocol which provides that such person may perform certain dispensing functions authorized by the pharmacist or pharmacists under certain specified conditions and limitations. See Nebraska Statutes 38-2812
  • Delegating: means transferring to another individual the authority, responsibility, and accountability to perform nursing interventions. See Nebraska Statutes 38-2205
  • Deliver or delivery: means to actually, constructively, or attempt to transfer a drug or device from one person to another, whether or not for consideration. See Nebraska Statutes 38-2813
  • Dental assistant: means a person who does not hold a license under the Dentistry Practice Act and who is employed for the purpose of assisting a licensed dentist in the performance of his or her clinical and clinical-related duties as described in section 38-1135 . See Nebraska Statutes 38-1107
  • Department: means the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 38-114
  • Department: shall mean the Department of Agriculture. See Nebraska Statutes 2-1078
  • Dependence: means a maladaptive pattern of alcohol or substance use, leading to clinically significant impairment or distress, as manifested by three or more of the following occurring at any time in the same twelve-month period:

    (1) Tolerance as defined by either of the following:

    (a) A need for markedly increased amounts of alcohol or the substance to achieve intoxication or desired effect. See Nebraska Statutes 38-115

  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Device: means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a practitioner and dispensed by a pharmacist or other person authorized by law to do so. See Nebraska Statutes 38-2814
  • Devise: To gift property by will.
  • Dialysis drug or device distributor: means a manufacturer or wholesaler who provides dialysis drugs, solutions, supplies, or devices, to persons with chronic kidney failure for self-administration at the person's home or specified address, pursuant to a prescription. See Nebraska Statutes 38-2815
  • Dialysis drug or device distributor worker: means a person working for a dialysis drug or device distributor with a delegated dispensing permit who has completed the approved training and has demonstrated proficiency to perform the task or tasks of assembling, labeling, or delivering drugs or devices pursuant to a prescription. See Nebraska Statutes 38-2816
  • Direct supervision: means that the supervisor is on the premises and is available to the veterinary technician or unlicensed assistant who is treating the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task. See Nebraska Statutes 38-3307
  • Direct supervision means supervision in which the supervising practitioner is physically present and immediately available and does not: include supervision provided by means of telecommunication. See Nebraska Statutes 38-2906
  • Directing: means managing, guiding, and supervising the nursing interventions performed by another individual. See Nebraska Statutes 38-2206
  • Director: means the Director of Public Health of the Division of Public Health or his or her designee. See Nebraska Statutes 38-116
  • Director: shall mean the Director of Agriculture or his or her designated employee, representative, or authorized agent. See Nebraska Statutes 2-1078.01
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Dispense or dispensing: means interpreting, evaluating, and implementing a medical order, including preparing and delivering a drug or device to a patient or caregiver in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. See Nebraska Statutes 38-2817
  • Dispensing: includes (a) dispensing incident to practice, (b) dispensing pursuant to a delegated dispensing permit, (c) dispensing pursuant to a medical order, and (d) any transfer of a prescription drug or device to a patient or caregiver other than by administering. See Nebraska Statutes 38-2817
  • Distribute: means to deliver a drug or device, other than by administering or dispensing. See Nebraska Statutes 38-2818
  • Distribute: shall mean selling, exchanging, bartering, moving, or transporting. See Nebraska Statutes 2-1079
  • Distribution location: shall mean each place nursery stock is offered for sale or sold and shall also include all locations of a vehicle from which nursery stock is offered for sale or sold directly. See Nebraska Statutes 2-1079.01
  • Docket: A log containing brief entries of court proceedings.
  • Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
  • Domestic administration: means the performance of any or all of the practices of cosmetology or nail technology upon members of a person's immediate family. See Nebraska Statutes 38-1019
  • Donor: The person who makes a gift.
  • Drug product: means any drug or device as defined in section 38-2841 . See Nebraska Statutes 38-2818.02
  • Dysphagia: means disorders of swallowing. See Nebraska Statutes 38-506
  • Electrologist: means a person who engages in the practice of electrolysis for permanent hair removal. See Nebraska Statutes 38-1020
  • Electrology: means the art and practice relating to the removal of hair from normal skin of the human body by electrolysis. See Nebraska Statutes 38-1021
  • Electrology instructor: means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to teach any or all of the practices of electrology. See Nebraska Statutes 38-1023
  • Electrolysis: means the permanent removal of hair by the application of an electrical current to the dermal papilla by a filament to cause decomposition, coagulation, or dehydration within the hair follicle by means of short wave or galvanic current or the blend, as approved by the federal Food and Drug Administration. See Nebraska Statutes 38-1024
  • Electronic transmission: means transmission of information in electronic form. See Nebraska Statutes 38-2821
  • Electrotherapeutic agent modalities: means neuromuscular electrical stimulation, transcutaneous electrical nerve stimulation, and iontophoresis. See Nebraska Statutes 38-2507
  • Embalming: means the practice of preparing a dead human body for burial or other final disposal by a licensed funeral director and embalmer or an apprentice, requesting and obtaining burial or removal permits, or assuming any of the other duties incident to the practice of embalming. See Nebraska Statutes 38-1409
  • Emergency medical responder practice of out-of-hospital emergency medical care: means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for an emergency medical responder. See Nebraska Statutes 38-1206.01
  • Emergency medical technician practice of out-of-hospital emergency medical care: means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for an emergency medical technician. See Nebraska Statutes 38-1207.01
  • Emergency medical technician-intermediate practice of out-of-hospital emergency medical care: means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for an emergency medical technician-intermediate. See Nebraska Statutes 38-1207.02
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Environmental health specialist: means a person who by education and experience in the physical, biological, and sanitary sciences is qualified to carry out educational, investigational, and technical duties in the field of environmental sanitation. See Nebraska Statutes 38-1304
  • 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
  • Equivalent: means drug products that are both chemically equivalent and bioequivalent. See Nebraska Statutes 38-2821.01
  • Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
  • Esthetician: means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform all of the practices of esthetics. See Nebraska Statutes 38-1025
  • Esthetics: means the practice for compensation of using an electrical or mechanical apparatus or appliance or applying and using cosmetic preparations, antiseptics, chemicals, tonics, lotions, creams, or other similar products upon the skin for personal beauty care. See Nebraska Statutes 38-1026
  • Esthetics instructor: means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to teach any or all of the practices of esthetics in a school of cosmetology or a school of esthetics. See Nebraska Statutes 38-1027
  • Esthetics salon: means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the performance of any or all of the practices of esthetics by persons licensed under such act. See Nebraska Statutes 38-1028
  • Evaluation: means the process of making clinical judgments based on data gathered from examination of a patient. See Nebraska Statutes 38-2907
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executive director: means the executive director of the board. See Nebraska Statutes 38-2207
  • Executor: A male person named in a will to carry out the decedent
  • Expanded function dental assistant: means a licensed dental assistant who has met the requirements to practice as an expanded function dental assistant pursuant to section 38-1118. See Nebraska Statutes 38-1107.01
  • Expanded function dental hygienist: means a licensed dental hygienist who has met the requirements to practice as an expanded function dental hygienist pursuant to section 38-1118. See Nebraska Statutes 38-1107.02
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Facility: means a health care facility as defined in section 71-413 . See Nebraska Statutes 38-2822
  • Facility operated primarily for caring for persons with head injuries and associated disorders: means a nursing home in which all or a majority of the persons served by the nursing home have head injuries and associated disorders. See Nebraska Statutes 38-2410.01
  • Facsimile: means a copy generated by a system that encodes a document or photograph into electrical signals, transmits those signals over telecommunications lines, and reconstructs the signals to create an exact duplicate of the original document at the receiving end. See Nebraska Statutes 38-2823
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fellowship: means a program of supervised educational training, approved by the board, in a medical specialty or subspecialty at an accredited hospital, an accredited school or college of medicine, or an accredited school or college of osteopathic medicine, that follows the completion of undergraduate medical education. See Nebraska Statutes 38-2012
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • 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
  • Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
  • Fraud: Intentional deception resulting in injury to another.
  • Funeral directing: means (1) counseling families or next of kin in regard to the conduct of a funeral service for a dead human body for burial, disposition, or cremation or directing or supervising burial, disposition, or cremation of dead human bodies, (2) providing for or maintaining a funeral establishment, or (3) the act of representing oneself as or using in connection with one's name the title of funeral director, mortician, or any other title implying that he or she is engaged in the business of funeral directing. See Nebraska Statutes 38-1410
  • Funeral establishment: means a place of business situated at a specific street address or location devoted to the care and preparation of dead human bodies for burial, disposition, or cremation or to conducting or arranging funeral services for dead human bodies. See Nebraska Statutes 38-1411
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • General anesthesia: means a drug-induced loss of consciousness during which (1) a patient is not arousable, even by painful stimulation, (2) the ability to independently maintain ventilatory function is often impaired, (3) a patient often requires assistance in maintaining a patent airway and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function, and (4) cardiovascular function may be impaired. See Nebraska Statutes 38-1108
  • General supervision: means the directing of the authorized activities of a dental hygienist or dental assistant by a licensed dentist and shall not be construed to require the physical presence of the supervisor when directing such activities. See Nebraska Statutes 38-1109
  • General supervision means supervision either onsite or by: means of telecommunication. See Nebraska Statutes 38-2908
  • Generic name: means the official title of a drug or drug combination as determined by the United States Adopted Names Council and accepted by the federal Food and Drug Administration of those drug products having the same active chemical ingredients in the same strength and quantity. See Nebraska Statutes 38-2823.01
  • Genetic counseling: means the provision of services described in section 38-3415 . See Nebraska Statutes 38-3405
  • Genetic counseling intern: means a student enrolled in a genetic counseling program accredited by the national genetic counseling board. See Nebraska Statutes 38-3406
  • Genetic counselor: means an individual licensed under the Genetic Counseling Practice Act. See Nebraska Statutes 38-3407
  • Genetically engineered plant organism: shall mean an organism altered or produced through genetic modification from a donor, vector, or recipient organism using recombinant deoxyribonucleic acid techniques. See Nebraska Statutes 2-1079.02
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Graduate medical education or residency: means a program of supervised educational training, approved by the board, in a medical specialty at an accredited hospital, an accredited school or college of medicine, or an accredited school or college of osteopathic medicine, that follows the completion of undergraduate medical education. See Nebraska Statutes 38-2013
  • Graduate pharmacy education or approved program: means a period of supervised educational training by a graduate of an accredited school or college of pharmacy, which training has been approved by the board. See Nebraska Statutes 38-2824
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grow: shall mean to produce a plant or plant product, by propagation or cultivation, including, but not limited to, division, transplant, seed, or cutting, generally over a period of one year or greater. See Nebraska Statutes 2-1079.03
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Health care therapy: means health care activities that require the exercise of judgment for which licensure is required under the Uniform Credentialing Act. See Nebraska Statutes 38-3307.01
  • Hearing instrument: means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories, including earmold, but excluding batteries and cords. See Nebraska Statutes 38-1504
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Hospital pharmacy: means each facility licensed as a hospital in which the compounding, preparation for administration, or dispensing of drugs or devices pursuant to a chart order occurs for patients within the confines of the hospital with oversight by a pharmacist in charge. See Nebraska Statutes 38-2825.01
  • Immediate supervision: means that the supervisor is on the premises and is in direct eyesight and hearing range of the animal and the veterinary technician or unlicensed assistant who is treating the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task. See Nebraska Statutes 38-3308
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
  • Inactive credential: means a credential which the credential holder has voluntarily placed on inactive status and by which action has terminated the right to practice or represent himself or herself as having an active credential. See Nebraska Statutes 38-117
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Independent mental health practice: includes diagnosing major mental illness or disorder, using psychotherapy with individuals suspected of having major mental or emotional disorders, or using psychotherapy to treat the concomitants of organic illness, with or without consultation with a qualified physician or licensed psychologist. See Nebraska Statutes 38-2113
  • Independent mental health practice does not: include the practice of psychology or medicine, prescribing drugs or electroconvulsive therapy, treating physical disease, injury, or deformity, or measuring personality or intelligence for the purpose of diagnosis or treatment planning. See Nebraska Statutes 38-2113
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Indirect supervision: means that the supervisor is not on the premises but is easily accessible and has given written or oral instructions for treatment of the animal and the animal has been examined by a veterinarian at such times as acceptable veterinary practice requires consistent with the particular delegated animal health care task. See Nebraska Statutes 38-3309
  • Indirect supervision: means supervision when the licensed dentist authorizes the procedure to be performed by a dental hygienist or dental assistant and the licensed dentist is physically present on the premises when such procedure is being performed by the dental hygienist pursuant to section 38-1132 or the dental assistant. See Nebraska Statutes 38-1110
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Institution of higher education: means a university, professional school, or other institution of higher learning that:

    (1) In the United States, is regionally accredited by a regional or professional accrediting organization recognized by the United States Department of Education. See Nebraska Statutes 38-3106

  • Instructor: means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to teach any or all of the practices of cosmetology in a school of cosmetology or an apprentice salon. See Nebraska Statutes 38-1031
  • Integrated system: means a health and human services organization offering different levels of licensed care or treatment on the same premises. See Nebraska Statutes 38-2411
  • Inter vivos: Transfer of property from one living person to another living person.
  • Interchangeable biological product: means a biological product that the federal Food and Drug Administration:

    (1) Has licensed and has determined meets the standards for interchangeability pursuant to 42 U. See Nebraska Statutes 38-2825.02

  • Internship: means that aspect of the educational program of the associate degree in long-term care administration which allows for practical experience in a nursing home and occurs under the supervision of a certified preceptor. See Nebraska Statutes 38-2412
  • Interpretative fluoroscopic procedures: means the use of radiation in continuous mode to provide information, data, and film or hardcopy images for diagnostic review and interpretation by a licensed practitioner as the images are being produced. See Nebraska Statutes 38-1904
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Intestate: Dying without leaving a will.
  • Ionizing radiation: means gamma rays, X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or nuclear particles or rays but does not include sound or radio waves or visible, infrared, or ultraviolet light. See Nebraska Statutes 38-1909
  • Jurisdiction: means the District of Columbia and any state, territory, or possession of the United States of America. See Nebraska Statutes 38-1032
  • Jurisprudence: The study of law and the structure of the legal system.
  • Juror: A person who is on the jury.
  • Labeling: means the process of preparing and affixing a label to any drug container or device container, exclusive of the labeling by a manufacturer, packager, or distributor of a nonprescription drug or commercially packaged legend drug or device. See Nebraska Statutes 38-2826
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Legatee: A beneficiary of a decedent
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means an authorization issued by the department to an individual to engage in a profession or to a business to provide services which would otherwise be unlawful in this state in the absence of such authorization. See Nebraska Statutes 38-118
  • Licensed animal therapist: means an individual who (1) has and maintains an undisciplined license under the Uniform Credentialing Act for a health care profession other than veterinary medicine and surgery, (2) has met the standards for additional training regarding the performance of that health care profession on animals as required by rules and regulations adopted and promulgated by the department upon the recommendation of the board, and (3) is licensed as an animal therapist by the department. See Nebraska Statutes 38-3309.01
  • Licensed dental assistant: means a dental assistant who holds a license to practice as a dental assistant under the Dentistry Practice Act. See Nebraska Statutes 38-1111.01
  • Licensed dental hygienist: means a person who holds a license to practice dental hygiene under the Dentistry Practice Act. See Nebraska Statutes 38-1111.02
  • Licensed medical nutrition therapist: means a person who is licensed to practice medical nutrition therapy pursuant to the Uniform Credentialing Act and who holds a current license issued by the department pursuant to the Medical Nutrition Therapy Practice Act. See Nebraska Statutes 38-1808
  • Licensed practitioner: means a person lawfully authorized to prescribe medications or treatments. See Nebraska Statutes 38-2209
  • Licensed practitioner: means any podiatrist, dentist, physician, or osteopathic physician licensed to prescribe, diagnose, and treat as provided in the Uniform Credentialing Act. See Nebraska Statutes 38-2311
  • Licensed practitioner: means any physician licensed to practice pursuant to the Medicine and Surgery Practice Act, whose practice includes obstetrics. See Nebraska Statutes 38-608
  • Licensed practitioner: means any physician or osteopathic physician licensed to prescribe, diagnose, and treat as prescribed in the Medicine and Surgery Practice Act. See Nebraska Statutes 38-705
  • Licensed practitioner: means a person licensed to practice medicine, dentistry, podiatry, chiropractic, osteopathic medicine and surgery, or as an osteopathic physician. See Nebraska Statutes 38-1905
  • Licensed surgical first assistant: means a person licensed to practice surgical assisting under the Surgical First Assistant Practice Act. See Nebraska Statutes 38-3507
  • Licensed veterinarian: means a person who is validly and currently licensed to practice veterinary medicine and surgery in this state. See Nebraska Statutes 38-3310
  • Licensed veterinary technician: means an individual who is validly and currently licensed as a veterinary technician in this state. See Nebraska Statutes 38-3311
  • Licensure examination: means a national standardized examination, the state jurisprudence examination, and the vital statistic forms examination. See Nebraska Statutes 38-1412
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited computed tomography radiographer: means a person licensed pursuant to section 38-1917. See Nebraska Statutes 38-1905.01
  • Limited radiographer: means a person licensed to practice medical radiography pursuant to section 38-1916 . See Nebraska Statutes 38-1906
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Long-term care facility: means an intermediate care facility, an intermediate care facility for persons with developmental disabilities, a long-term care hospital, a mental health substance use treatment center, a nursing facility, or a skilled nursing facility, as such terms are defined in the Health Care Facility Licensure Act. See Nebraska Statutes 38-2826.01
  • Low-income individual: means an individual enrolled in a state or federal public assistance program, including, but not limited to, the medical assistance program established pursuant to the Medical Assistance Act, the federal Supplemental Nutrition Assistance Program, or the federal Temporary Assistance for Needy Families program, or whose household adjusted gross income is below one hundred thirty percent of the federal income poverty guideline or a higher threshold to be set by the Licensure Unit of the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 38-117.01
  • Magistrate: shall include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Magistrate shall: include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
  • Manicuring: means the practice of performing any or all of the acts of cutting, shaping, trimming, polishing, coloring, tinting, cleansing, reshaping, or other similar cosmetic or sanitary acts on the natural fingernails or toenails of a person but does not include the practice of nail technology. See Nebraska Statutes 38-1033
  • 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 and techniques in the delivery of services to individuals, couples, and families for the purpose of treating such disorders. See Nebraska Statutes 38-2114
  • Massage therapist: means a person licensed to practice massage therapy. See Nebraska Statutes 38-1705
  • Massage therapy: means the physical, mechanical, or electrical manipulation of soft tissue for the therapeutic purposes of enhancing muscle relaxation, reducing stress, improving circulation, or instilling a greater sense of well-being and may include the use of oil, salt glows, heat lamps, and hydrotherapy. See Nebraska Statutes 38-1706
  • Massage therapy establishment: means any duly licensed place in which a massage therapist practices his or her profession of massage therapy. See Nebraska Statutes 38-1707
  • Mechanical devices: means intermittent compression devices. See Nebraska Statutes 38-2508
  • Medical director: means a licensed physician who has the qualifications as described in section 38-3214 . See Nebraska Statutes 38-3204
  • Medical gas: means oxygen in liquid or gaseous form intended for human consumption. See Nebraska Statutes 38-2826.02
  • Medical gas device: means a medical device associated with the administration of medical gas. See Nebraska Statutes 38-2826.03
  • Medical nutrition therapy: means the assessment of the nutritional status of patients. See Nebraska Statutes 38-1809
  • Medical order: means a prescription, a chart order, or an order for pharmaceutical care issued by a practitioner. See Nebraska Statutes 38-2828
  • Medical radiographer: means a person licensed pursuant to subsection (1) of section 38-1915 to practice medical radiography. See Nebraska Statutes 38-1907
  • Mental and emotional disorder: means a clinically significant behavioral or psychological syndrome or pattern that occurs in a person and is associated with present distress or disability or with significantly increased risk of suffering death, pain, disability, or an important loss of freedom. See Nebraska Statutes 38-3107
  • 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, or family relations, the content of which contains an emphasis on therapeutic mental health and course work in psychotherapy and the assessment of mental disorders. See Nebraska Statutes 38-2117
  • Military families: means active duty service members in the armed services of the United States, military spouses, honorably discharged veterans of the armed services of the United States, spouses of such honorably discharged veterans, and unremarried surviving spouses of deceased service members of the armed services of the United States. See Nebraska Statutes 38-117.02
  • Military spouse: means the spouse of an active duty service member in the armed forces of the United States. See Nebraska Statutes 38-118.01
  • Minimal sedation: means a drug-induced depression of consciousness during which (1) a patient retains the ability to independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command, (2) cognitive function and coordination may be modestly impaired, and (3) ventilatory and cardiovascular functions are unaffected. See Nebraska Statutes 38-1112
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • Mobile cosmetology salon: means a self-contained, self-supporting, enclosed mobile unit licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act as a mobile site for the performance of the practices of cosmetology by persons licensed under the act. See Nebraska Statutes 38-1033.01
  • Mobile massage therapy establishment: means a self-contained, self-supporting, enclosed mobile unit licensed under the Massage Therapy Practice Act as a mobile site for the performance of the practices of massage therapy by persons licensed under the act. See Nebraska Statutes 38-1707.01
  • Mobile nail technology salon: means a self-contained, self-supporting, enclosed mobile unit licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as a mobile site for the performance of the practices of nail technology by persons licensed under the act. See Nebraska Statutes 38-1033.02
  • Mobilization or manual therapy: means a group of techniques comprising a continuum of skilled passive movements to the joints or related soft tissues, or both, throughout the normal physiological range of motion that are applied at varying speeds and amplitudes, without limitation. See Nebraska Statutes 38-2910
  • Moderate sedation: means a drug-induced depression of consciousness during which (1) a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation, (2) no intervention is required to maintain a patent airway and spontaneous ventilation is adequate, and (3) cardiovascular function is usually maintained. See Nebraska Statutes 38-1113
  • Month: shall mean calendar month. See Nebraska Statutes 49-801
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Nail technician: means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform the practices of nail technology. See Nebraska Statutes 38-1034
  • Nail technology: means (1) attaching, applying, fitting, shaping, or adjusting artificial nails using acrylic, resin, fabric, or gel application systems, (2) sanitizing of the nail bed by brushing on or spraying material in preparation for attaching, fitting, shaping, or adjusting artificial nails using acrylic, resin, fabric, or gel application systems, (3) cutting, filing, buffing, shaping, trimming, polishing, coloring, tinting, cleansing, reshaping, or other cosmetic acts on the nails of a person when done in conjunction with the activities described in subdivisions (1) and (2) of this section, (4) the ability to detect infection, fungus, or nail disorders that contraindicate the application of artificial nails, and (5) cleansing, stimulating, manipulating, exercising, or similar acts on the hands or feet of any person when done in conjunction with the activities described in subdivisions (1) and (2) of this section. See Nebraska Statutes 38-1035
  • Nail technology establishment: means a nail technology salon, a mobile nail technology salon, a nail technology school, or any other place in which the practices of nail technology are performed on members of the general public for compensation or in which instruction or training in the practices of nail technology is given, except when such practices constitute nonvocational training. See Nebraska Statutes 38-1036
  • Nail technology instructor: means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to teach the practices of nail technology in a nail technology school. See Nebraska Statutes 38-1037
  • Nail technology salon: means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the performance of the practices of nail technology by persons licensed under the act. See Nebraska Statutes 38-1038
  • Nail technology school: means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for teaching the practices of nail technology to nail technology students. See Nebraska Statutes 38-1039
  • Nail technology student: means a person engaged in the study of the practices of nail technology under the supervision of a nail technology instructor in a nail technology school. See Nebraska Statutes 38-1040
  • Nail technology student instructor: means a person engaged in nail technology instructor's training in a nail technology school to teach nail technology students in a nail technology school under the supervision of a nail technology instructor. See Nebraska Statutes 38-1041
  • Natural hair braiding: includes (a) the use of natural or synthetic hair extensions, natural or synthetic hair fibers, decorative beads, and other hair accessories, (b) minor trimming of natural hair or hair extensions incidental to twisting, wrapping, weaving, extending, locking, or braiding hair, (c) the use of topical agents, such as conditioners, gels, moisturizers, oils, pomades, and shampoos, in conjunction with hair braiding, and (d) the making of wigs from natural hair, natural fibers, synthetic fibers, and hair extensions. See Nebraska Statutes 38-1042.01
  • Natural hair braiding does not: include (a) the application of dyes, reactive chemicals, or other preparations to alter the color of hair or to straighten, curl, or alter the structure of hair or (b) the use of chemical hair joining agents such as synthetic tape, keratin bonds, or fusion bonds. See Nebraska Statutes 38-1042.01
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-treatment-related tasks: means clerical, housekeeping, facility maintenance, or patient transportation services related to the practice of physical therapy. See Nebraska Statutes 38-2911
  • Nonionizing radiation: means (a) any electromagnetic radiation which can be generated during the operation of electronic products as defined in section 71-3503 to such energy density levels as to present a biological hazard to occupational and public health and safety and the environment, other than ionizing electromagnetic radiation, and (b) any sonic, ultrasonic, or infrasonic waves which are emitted from an electronic product as defined in section 71-3503 as a result of the operation of an electronic circuit in such product and to such energy density levels as to present a biological hazard to occupational and public health and safety and the environment. See Nebraska Statutes 38-1909
  • Nonprescription drugs: means nonnarcotic medicines or drugs which may be sold without a medical order and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and regulations of this state and the federal government. See Nebraska Statutes 38-2829
  • Nonvocational training: means the act of imparting knowledge of or skills in any or all of the practices of cosmetology, nail technology, esthetics, or electrology to persons not licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act for the purpose of noncommercial use by those receiving such training. See Nebraska Statutes 38-1043
  • Nothing in this section: shall be construed to exclude determination of additional conduct that is unprofessional by adjudication in individual contested cases. See Nebraska Statutes 38-179
  • Nothing in this section: shall be construed to prohibit the department, with the recommendation of the board, from accepting accreditation of a school or college of osteopathic medicine by the American Osteopathic Association as evidence of meeting the specified requirements of this section or the equivalent thereof. See Nebraska Statutes 38-2005
  • Nuclear medicine technologist: means a person who meets the requirements for training and experience for nuclear medicine technology under the Radiation Control Act and the rules and regulations adopted and promulgated under the act. See Nebraska Statutes 38-1908.01
  • Nuisance plant: shall mean any plant not economically essential to the welfare of the people of Nebraska, as determined by the department, and which may serve as a favorable host of plant pests or may be detrimental to the agricultural interests of the State of Nebraska. See Nebraska Statutes 2-1081
  • Nurse practitioner: means a registered nurse certified as described in section 38-2317 and licensed under the Advanced Practice Registered Nurse Practice Act to practice as a nurse practitioner. See Nebraska Statutes 38-2312
  • Nursery: shall mean any property where nursery stock is grown, propagated, collected, or distributed and shall include, but not be limited to, private property or any property owned, leased, or managed by any agency of the United States, the State of Nebraska or its political subdivisions, or any other state or its political subdivisions where nursery stock is fumigated, treated, packed, or stored by any person. See Nebraska Statutes 2-1082
  • Nursery stock distributor: shall mean any person involved in:

    (1) The acquisition and further distribution of nursery stock. See Nebraska Statutes 2-1083.01

  • Nursing degree: means a degree or diploma in nursing from an accredited program of nursing approved by the Board of Nursing. See Nebraska Statutes 38-2413
  • Nursing home or home for the aged or infirm: means any institution or facility licensed as a nursing facility or a skilled nursing facility by the department pursuant to the Health Care Facility Licensure Act, whether proprietary or nonprofit, including, but not limited to, homes for the aged or infirm owned or administered by the federal or state government or an agency or political subdivision thereof. See Nebraska Statutes 38-2414
  • Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Oath shall: include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Occupational therapist: means a person holding a current license to practice occupational therapy. See Nebraska Statutes 38-2509
  • Occupational therapy: means the use of purposeful activity with individuals who are limited by physical injury or illness, psychosocial dysfunction, developmental or learning disabilities, or the aging process in order to maximize independent function, prevent further disability, and achieve and maintain health and productivity. See Nebraska Statutes 38-2510
  • Occupational therapy assistant: means a person holding a current license to assist in the practice of occupational therapy. See Nebraska Statutes 38-2512
  • Original bill: A bill which is drafted by a committee. It is introduced by the committee or subcommittee chairman after the committee votes to report it.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Paramedic practice of out-of-hospital emergency medical care: means care provided in accordance with the knowledge and skill acquired through successful completion of an approved program for a paramedic. See Nebraska Statutes 38-1208.01
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Patient: means an individual who either identifies himself or herself as being in need of medical attention or upon assessment by an out-of-hospital emergency care provider has an injury or illness requiring treatment. See Nebraska Statutes 38-1209
  • Patient: means a person with a disease, illness, injury, or medical condition for which nutritional interventions are an essential component of standard care. See Nebraska Statutes 38-1810
  • Patient counseling: means the verbal communication by a pharmacist, pharmacist intern, or practitioner, in a manner reflecting dignity and the right of the patient to a reasonable degree of privacy, of information to the patient or caregiver in order to improve therapeutic outcomes by maximizing proper use of prescription drugs and devices and also includes the duties set out in section 38-2869 . See Nebraska Statutes 38-2830
  • Pattern of incompetent or negligent conduct: means a continued course of incompetent or negligent conduct in performing the duties of the profession. See Nebraska Statutes 38-177
  • Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
  • Peace officer shall: include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
  • Permanent color technology: means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being so as to form indelible marks for cosmetic purposes. See Nebraska Statutes 38-1044
  • 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
  • Person: shall mean any body politic or corporate, society, community, the public generally, any individual, partnership, limited liability company, joint-stock company, or association, or any agent of any such entity. See Nebraska Statutes 2-1084
  • 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 estate: shall include money, goods, chattels, claims, and evidences of debt. See Nebraska Statutes 49-801
  • Personal property: All property that is not real property.
  • Personal supervision by a physician: means the physical attendance of a physician in the room during the performance of a surgical procedure. See Nebraska Statutes 38-3508
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Pharmaceutical care: includes the process through which the pharmacist works in concert with the patient and his or her caregiver, physician, or other professionals in designing, implementing, and monitoring a therapeutic plan that will produce specific therapeutic outcomes for the patient. See Nebraska Statutes 38-2831
  • Pharmacist: means any person who is licensed by the State of Nebraska to practice pharmacy. See Nebraska Statutes 38-2832
  • Pharmacist in charge: means a pharmacist who is designated on a pharmacy license or a remote dispensing pharmacy license or designated by a hospital as being responsible for the practice of pharmacy in the pharmacy for which a pharmacy license or a remote dispensing pharmacy license is issued or in a hospital pharmacy and who works within the physical confines of such pharmacy or hospital pharmacy, except that the pharmacist in charge is not required to work within the physical confines of a remote dispensing pharmacy unless otherwise required by law. See Nebraska Statutes 38-2833
  • Pharmacist intern: means a person who meets the requirements of section 38-2854 . See Nebraska Statutes 38-2834
  • Pharmacy technician: means an individual registered under sections 38-2890 to 38-2897 . See Nebraska Statutes 38-2836
  • Physical agent modalities: means modalities that produce a biophysiological response through the use of water, temperature, sound, electricity, or mechanical devices. See Nebraska Statutes 38-2513
  • Physical therapist: means a person licensed to practice physical therapy under the Physical Therapy Practice Act. See Nebraska Statutes 38-2912
  • Physical therapist assistant: means a person certified as a physical therapist assistant under the Physical Therapy Practice Act. See Nebraska Statutes 38-2913
  • Physical therapy aide: means a person who is trained under the direction of a physical therapist and who performs treatment-related and non-treatment-related tasks. See Nebraska Statutes 38-2915
  • Physician: means an individual licensed under the Medicine and Surgery Practice Act to practice medicine and surgery or osteopathic medicine and surgery. See Nebraska Statutes 38-3410
  • Physician medical director: means a qualified physician who is responsible for the medical supervision of out-of-hospital emergency care providers and verification of skill proficiency of out-of-hospital emergency care providers pursuant to section 38-1217 . See Nebraska Statutes 38-1210
  • Place of origin: shall mean the county and state where nursery stock was most recently grown for a period of not less than one cycle of active growth. See Nebraska Statutes 2-1084.01
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plant: shall mean any plant, plant product, plant part, or reproductive or propagative part of a plant, plant product, or plant part including, but not limited to, trees, shrubs, vines, forage and cereal plants, fruit, seeds, grain, wood, or lumber. See Nebraska Statutes 2-1085
  • Plant pest: shall mean any insect, arthropod, nematode, mollusk, fungus, bacteria, virus, mycoplasma, parasitic plant, physiological disorder, or other infectious agent which can directly or indirectly injure or cause damage or a pathological condition to plants. See Nebraska Statutes 2-1086
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Podiatrist: means a physician of the foot, ankle, and related governing structures. See Nebraska Statutes 38-3004
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practice agreement: means the written agreement authored and signed by the certified nurse midwife and the licensed practitioner with whom he or she is associated which:

    (1) Identifies the settings within which the certified nurse midwife is authorized to practice. See Nebraska Statutes 38-609

  • Practice agreement: means a document signed by a pharmacist and a practitioner with independent prescribing authority, in which the pharmacist agrees to design, implement, and monitor a therapeutic plan based on a written protocol. See Nebraska Statutes 38-2836.01
  • Practice of chiropractic: means one or a combination of the following, without the use of drugs or surgery:

    (a) The diagnosis and analysis of the living human body for the purpose of detecting ailments, disorders, and disease by the use of diagnostic X-ray, physical and clinical examination, and routine procedures including urine analysis. See Nebraska Statutes 38-805

  • Practice of fitting hearing instruments means the measurement of human hearing by means of an audiometer or by other: means approved by the board solely for the purpose of making selections, adaptations, or sale of hearing instruments. See Nebraska Statutes 38-1505
  • 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. See Nebraska Statutes 38-2210
  • Practice of out-of-hospital emergency medical care: means the performance of any act using judgment or skill based upon the United States Department of Transportation education standards and guideline training requirements, the National Highway Traffic Safety Administration's National Emergency Medical Service Scope of Practice Model and National Emergency Medical Services Education Standards, and permitted practices and procedures for the level of licensure listed in section 38-1217 . See Nebraska Statutes 38-1208.02
  • Practice of pharmacy: means (a) the interpretation, evaluation, and implementation of a medical order, (b) the dispensing of drugs and devices, (c) drug product selection, (d) the administration of drugs or devices, (e) drug utilization review, (f) patient counseling, (g) the provision of pharmaceutical care, (h) medication therapy management, and (i) the responsibility for compounding and labeling of dispensed or repackaged drugs and devices, proper and safe storage of drugs and devices, and maintenance of proper records. See Nebraska Statutes 38-2837
  • Practice of podiatry: means the diagnosis or medical, physical, or surgical treatment of the ailments of the human foot, ankle, and related governing structures except (1) the amputation of the forefoot, (2) the general medical treatment of any systemic disease causing manifestations in the foot, and (3) the administration of anesthetics other than local. See Nebraska Statutes 38-3005
  • Practice of psychology: means the observation, description, evaluation, interpretation, or modification of human behavior by the application of psychological principles, methods, or procedures for the purpose of preventing or eliminating symptomatic, maladaptive, or undesired behavior and of enhancing interpersonal relationships, work and life adjustment, personal effectiveness, behavioral health, and mental health. See Nebraska Statutes 38-3108
  • Practice of speech-language pathology: means the application of principles and methods associated with the development and disorders of human communication skills and with dysphagia, which principles and methods include screening, assessment, evaluation, treatment, prevention, consultation, and restorative modalities for speech, voice, language, language-based learning, hearing, swallowing, or other upper aerodigestive functions for the purpose of improving quality of life by reducing impairments of body functions and structures, activity limitations, participation restrictions, and environmental barriers. See Nebraska Statutes 38-508
  • Practice site: means the location where the athletic trainer practices athletic training. See Nebraska Statutes 38-407
  • Practitioner: means a certified registered nurse anesthetist, a certified nurse midwife, a dentist, an optometrist, a nurse practitioner, a physician assistant, a physician, a podiatrist, or a veterinarian. See Nebraska Statutes 38-2838
  • Practitioner: means a person who performs any or all of the practices of cosmetology, nail technology, esthetics, or electrology for compensation or who performs any or all of the practices of body art. See Nebraska Statutes 38-1046
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preceptorship: means the clinical practice component of an educational program for the preparation of nurse practitioners. See Nebraska Statutes 38-2313
  • Prescribe: means to issue a medical order. See Nebraska Statutes 38-2839
  • Prescription: means an order for a drug or device issued by a practitioner for a specific patient, for emergency use, or for use in immunizations. See Nebraska Statutes 38-2840
  • Prescription drug or device or legend drug or device does not: include a type of device, including supplies and device components, which carries the federal Food and Drug Administration legend "Caution: Federal law restricts this device to sale by or on the order of a licensed health care practitioner" or an alternative legend approved by the federal Food and Drug Administration which it recognizes, in published guidance, as conveying essentially the same message. See Nebraska Statutes 38-2841
  • Previous work experience: means at least two years working full time in a nursing home or previous work experience in health care administration. See Nebraska Statutes 38-2415
  • Previous work experience in health care administration: means at least two years working full time as an administrator or director of nursing of a hospital with a long-term care unit or assisted-living facility or director of nursing in a nursing home. See Nebraska Statutes 38-2416
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • 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
  • Profession: means any profession or occupation named in subsection (1) or (2) of section 38-121 . See Nebraska Statutes 38-119
  • 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 through the counseling relationship to develop understanding, define goals, plan action, and change behavior with the goal of reflecting interests, abilities, aptitudes, and needs as they are related to personal and social concerns, educational progress, and occupations. See Nebraska Statutes 38-2118

  • Proficiency examination: means the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants. See Nebraska Statutes 38-2015
  • Property: shall mean any real estate or personal property, including any vessel, automobile, aircraft, rail car, other vehicle, machinery, building, dock, nursery, orchard, or other place where plants are grown or maintained or the contents of such place. See Nebraska Statutes 2-1087
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Protocol: means a set of written policies, procedures, and directions from a physician medical director to an out-of-hospital emergency care provider concerning the medical procedures to be performed in specific situations. See Nebraska Statutes 38-1211
  • Provisional environmental health specialist: means a person who is qualified by education but does not have at least two full years of experience in the field of environmental sanitation and is certified in accordance with the Environmental Health Specialists Practice Act. See Nebraska Statutes 38-1305
  • Psychologist: means a person licensed to engage in the practice of psychology in this or another jurisdiction. See Nebraska Statutes 38-3109
  • Public health clinic: means the department, any county, city-county, or multicounty health department, or any private not-for-profit family planning clinic licensed as a health clinic as defined in section 71-416 . See Nebraska Statutes 38-2842
  • Public health clinic worker: means a person in a public health clinic with a delegated dispensing permit who has completed the approved training and has demonstrated proficiency to perform the task of dispensing authorized refills of contraceptives pursuant to a written prescription. See Nebraska Statutes 38-2843
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Qualified physician: means an individual who is licensed to practice medicine and surgery or osteopathic medicine and surgery pursuant to the Uniform Credentialing Act and meets any other requirements established by rule and regulation. See Nebraska Statutes 38-1212
  • Qualified physician surrogate: means a qualified, trained medical person designated by a qualified physician in writing to act as an agent for the physician in directing the actions or renewal of licensure of out-of-hospital emergency care providers. See Nebraska Statutes 38-1213
  • Qualified supervisor: means a genetic counselor or a physician. See Nebraska Statutes 38-3411
  • Quorum: The number of legislators that must be present to do business.
  • Radiation: means ionizing radiation and nonionizing radiation as follows:

    (1) Ionizing radiation means gamma rays, X-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or nuclear particles or rays but does not include sound or radio waves or visible, infrared, or ultraviolet light. See Nebraska Statutes 38-1909

  • Radiation-generating equipment: means any manufactured product or device, component part of such a product or device, or machine or system which during operation can generate or emit radiation except devices which emit radiation only from radioactive material. See Nebraska Statutes 38-1910
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Referral: means a process whereby a nurse practitioner directs the patient to a physician or other health care practitioner for management of a particular problem or aspect of the patient's care. See Nebraska Statutes 38-2314
  • Refresher course: means a planned program of supervised educational training, approved by the board, that provides a review of medical knowledge and skills for the purpose of the enhancement of clinical competency. See Nebraska Statutes 38-2016
  • Registered environmental health specialist: means a person who has the educational requirements and has had experience in the field of environmental sanitation required by section 38-1308 and is certified in accordance with the Environmental Health Specialists Practice Act. See Nebraska Statutes 38-1306
  • Registry: means a list of persons who offer a specified service or activity. See Nebraska Statutes 38-120
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Repackage: means the act of taking a drug product from the container in which it was distributed by the manufacturer and placing it into a different container without further manipulation of the drug. See Nebraska Statutes 38-2843.01
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Research activities which: shall mean reporting, designing, conducting, or consulting on research in counseling with human subjects. See Nebraska Statutes 38-2118
  • Respiratory care: means the health specialty responsible for the treatment, management, diagnostic testing, control, and care of patients with deficiencies and abnormalities associated with the cardiopulmonary system. See Nebraska Statutes 38-3205
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rules and regulations: shall mean rules and regulations adopted and promulgated by the department pursuant to the Plant Protection and Plant Pest Act. See Nebraska Statutes 2-1088
  • School of cosmetology: means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for the teaching of any or all of the practices of cosmetology to students. See Nebraska Statutes 38-1047
  • School of esthetics: means a fixed structure or part thereof licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to serve as the site for teaching the practices of esthetics to esthetics students. See Nebraska Statutes 38-1049
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Signature: means the name, word, or mark of a person written in his or her own hand with the intent to authenticate a writing or other form of communication or a digital signature which complies with section 86-611 or an electronic signature. See Nebraska Statutes 38-2844
  • Social work practice does not: include the following:

    (a) The measuring and testing of personality or intelligence. See Nebraska Statutes 38-2119

  • 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 the professional application of social work values, knowledge, principles, and methods in the following areas of practice:

    (a) Information, resource identification and development, and referral services. See Nebraska Statutes 38-2119

  • Speech-language pathologist: means an individual who presents himself or herself to the public by any title or description of services incorporating the words speech-language pathologist, speech therapist, speech correctionist, speech clinician, language pathologist, language therapist, language clinician, logopedist, communicologist, aphasiologist, aphasia therapist, voice pathologist, voice therapist, voice clinician, phoniatrist, or any similar title, term, or description of services. See Nebraska Statutes 38-509
  • Standing order: means a direct order from the physician medical director to perform certain tasks for a patient under a specific set of circumstances. See Nebraska Statutes 38-1214
  • State board: means the Board of Medicine and Surgery. See Nebraska Statutes 38-3412
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Student: means a person enrolled in an approved educational program. See Nebraska Statutes 38-2916
  • Student: means a person engaged in the study of any or all of the practices of cosmetology or esthetics under the supervision of an instructor or esthetics instructor in a school of cosmetology or school of esthetics. See Nebraska Statutes 38-1050
  • Student instructor: means a person engaged in instructor's or esthetics instructor's training in a school of cosmetology or school of esthetics and in teaching students in a school of cosmetology or school of esthetics under the supervision of an instructor. See Nebraska Statutes 38-1051
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superficial thermal agent modalities: means hot packs, cold packs, ice, fluidotherapy, paraffin, water, and other commercially available superficial heating and cooling technologies. See Nebraska Statutes 38-2514
  • Supervisee: means an individual holding a provisional license issued under section 38-3420 . See Nebraska Statutes 38-3413
  • Supervising physician: means a licensed physician who supervises a physician assistant. See Nebraska Statutes 38-2017
  • Supervision: means the ready availability of a collaborating licensed practitioner for consultation and direction of the activities of the certified nurse midwife related to delegated medical functions as outlined in the practice agreement. See Nebraska Statutes 38-610
  • Supervision: means the personal guidance and direction by a pharmacist of the performance by a pharmacy technician of authorized activities or functions subject to (1) verification by such pharmacist or (2) validation by a certified pharmacy technician subject to section 38-2891. See Nebraska Statutes 38-2845
  • Supervision: means direct day-to-day knowledge of and control over the actions of one individual by another. See Nebraska Statutes 38-1052
  • Supervision: means the overall responsibility to assess the work of a supervisee, including regular meetings and chart review by a qualified supervisor pursuant to an annual supervision contract signed by the qualified supervisor and the supervisee which is on file with both parties. See Nebraska Statutes 38-3414
  • Supervision: means the direct oversight or the easy availability of the supervising funeral director and embalmer. See Nebraska Statutes 38-1413
  • Supervisor: means a licensed veterinarian or licensed veterinary technician as required by statute or rule or regulation for the particular delegated task being performed by a veterinary technician or unlicensed assistant. See Nebraska Statutes 38-3313
  • Surgical assisting: means the practice of promoting patient safety through provision of primary assistance to the primary surgeon during a surgical procedure. See Nebraska Statutes 38-3509
  • Surgical first assistant: means a person who meets the requirements of section 38-3512 . See Nebraska Statutes 38-3510
  • Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
  • Tattoo: means the indelible decorative mark, figure, or design introduced by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being. See Nebraska Statutes 38-1053
  • Tattooing: means the process by which the skin is marked or colored by insertion of nontoxic dyes or pigments into or under the subcutaneous portion of the skin upon the body of a live human being so as to form indelible marks for decorative or figurative purposes. See Nebraska Statutes 38-1054
  • Teaching: means the act of imparting and demonstrating knowledge of cosmetology, nail technology, esthetics, or electrology theory and practices to students, nail technology students, or apprentices in an apprentice salon, a school of cosmetology, a nail technology school, or a school of esthetics by an instructor, an esthetics instructor, a nail technology instructor, a nail technology student instructor, or a student instructor for the purpose of preparing the students, nail technology students, nail technology student instructors, or apprentices to engage in the occupations of cosmetology, nail technology, esthetics, or electrology. See Nebraska Statutes 38-1055
  • Telehealth: means the use of medical information electronically exchanged from one site to another, whether synchronously or asynchronously, to aid a credential holder in the diagnosis or treatment of a patient. See Nebraska Statutes 38-120.01
  • Telemonitoring: means the remote monitoring of a patient's vital signs, biometric data, or subjective data by a monitoring device which transmits such data electronically to a credential holder for analysis and storage. See Nebraska Statutes 38-120.02
  • Telepharmacy: means the provision of pharmacist care, by a pharmacist located within the United States, using telecommunications, remote order entry, or other automations and technologies to deliver care to patients or their agents who are located at sites other than where the pharmacist is located. See Nebraska Statutes 38-2845.01
  • Temporary educational permit: means a permit to practice pharmacy in a supervised educational program approved by the board. See Nebraska Statutes 38-2846
  • Temporary educational permit: means a permit to practice medicine and surgery, osteopathic medicine and surgery, or any of their allied specialties in graduate medical education, a fellowship, or a refresher course. See Nebraska Statutes 38-2019
  • Temporary practitioner: means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform any or all of the practices of cosmetology for a limited time under the supervision at all times of a designated supervisor. See Nebraska Statutes 38-1056
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Temporary training license: means a hearing instrument specialist license issued while the applicant is in training to become a licensed hearing instrument specialist. See Nebraska Statutes 38-1507
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Testing: means standard methods and techniques used to gather data about a patient. See Nebraska Statutes 38-2917
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trainee: means any person who is currently enrolled in an approved program. See Nebraska Statutes 38-2020
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transition-to-practice agreement: means a collaborative agreement for two thousand hours of initial practice between a nurse practitioner and a supervising provider which provides for the delivery of health care through a collaborative practice and which meets the requirements of section 38-2322 . See Nebraska Statutes 38-2314.01
  • Treatment-related tasks: means activities related to the practice of physical therapy that do not require the clinical decisionmaking of a physical therapist or the clinical problem solving of a physical therapist assistant. See Nebraska Statutes 38-2918
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unlicensed assistant: means an individual who is not a licensed veterinarian, a licensed veterinary technician, or a licensed animal therapist and who is working in veterinary medicine. See Nebraska Statutes 38-3314
  • Unprofessional conduct: means any departure from or failure to conform to the standards of acceptable and prevailing practice of medicine and surgery or the ethics of the profession, regardless of whether a person, patient, or entity is injured, or conduct that is likely to deceive or defraud the public or is detrimental to the public interest, including, but not limited to:

    (1) Performance by a physician of an abortion as defined in subdivision (1) of section 28-326 under circumstances when he or she will not be available for a period of at least forty-eight hours for postoperative care unless such postoperative care is delegated to and accepted by another physician. See Nebraska Statutes 38-2021

  • Validation: means the action of a certified pharmacy technician checking the accuracy and completeness of the acts, tasks, or functions undertaken by another certified pharmacy technician as provided in section 38-2891. See Nebraska Statutes 38-2846.01
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Verification: means the confirmation by a supervising pharmacist of the accuracy and completeness of the acts, tasks, or functions undertaken by a pharmacy technician to assist the pharmacist in the practice of pharmacy. See Nebraska Statutes 38-2847
  • Veterinarian: means a person who has received a degree of Doctor of Veterinary Medicine from an accredited school of veterinary medicine or its equivalent. See Nebraska Statutes 38-3315
  • Veterinarian-client-patient relationship: means that:

    (1) The veterinarian has assumed the responsibility for making clinical judgments regarding the health of the animal and the need for medical treatment, and the client has agreed to follow the veterinarian's instructions. See Nebraska Statutes 38-3316

  • Veterinary medicine and surgery: includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine. See Nebraska Statutes 38-3317
  • Veterinary technician: means an individual who has received a degree in veterinary technology from an approved veterinary technician program or its equivalent. See Nebraska Statutes 38-3318
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Violate: shall include failure to comply with. See Nebraska Statutes 49-801
  • Visiting faculty permit: means a permit for a physician qualified by virtue of previous medical training and experience to teach students of medicine, to conduct research, or both. See Nebraska Statutes 38-2022
  • Wild plants: shall mean nursery stock from any place other than a nursery. See Nebraska Statutes 2-1089
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ shall: signify an order or citation in writing issued in the name of the state out of a court or by a judicial officer. See Nebraska Statutes 49-801
  • Written protocol: means a written template, agreed to by pharmacists and practitioners with independent prescribing authority, working in concert, which directs how the pharmacists will implement and monitor a therapeutic plan. See Nebraska Statutes 38-2848
  • X-ray system: means an assemblage of components for the controlled production of X-rays, including, but not limited to, an X-ray high-voltage generator, an X-ray control, a tube housing assembly, a beam-limiting device, and the necessary supporting structures. See Nebraska Statutes 38-1913
  • Year: shall mean calendar year. See Nebraska Statutes 49-801
  • Young worker: means (1) for an initial credential under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act, except for a body art license, an applicant who is between the ages of seventeen and twenty-five years or (2) for an initial credential issued under any other provision of the Uniform Credentialing Act, including a body art license, an applicant who is between the ages of eighteen and twenty-five years. See Nebraska Statutes 38-120.03