Terms Used In Nebraska Statutes > Nebraska Potato Development Act

• Accredited hospital: means a hospital accredited by the department, with the recommendation of the board. See Nebraska Statutes 38-2003
• Accredited institution: means a postsecondary educational institution approved by the board. See Nebraska Statutes 38-2403
• Acquire: when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain. See Nebraska Statutes 49-801
• Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Action shall: include any proceeding in any court of this state. See Nebraska Statutes 49-801
• 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
• 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
• 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.
• Allegation: something that someone says happened.
• 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
• 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.
• Appraisal: A determination of property value.
• Appropriate supervision: means the specific type, intensity, and frequency of supervision determined by an assessment of a combination of factors, which include discipline, level of education and experience of the supervisee, and assigned level of responsibility. See Nebraska Statutes 38-1803.01
• 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 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 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 program: means a program for the education of physician assistants which is accredited by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor agency and which the board formally approves. See Nebraska Statutes 38-2008
• Arrest: Taking physical custody of a person by lawful authority.
• 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
• 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
• 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.
• 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}
• 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
• 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 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
• Boards: means the Board of Advanced Practice Registered Nurses and the Board of Nursing of the State of Nebraska. See Nebraska Statutes 38-2307
• 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 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 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
• 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
• Committee: means the Physician Assistant Committee created in section 38-2056. See Nebraska Statutes 38-2011
• 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.
• Consultation: means a professional collaborative relationship which is 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, a licensed independent mental health practitioner, or a professional counselor holding a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact and 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 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, nurse practitioner, or physician assistant regarding the provision of medical nutrition therapy. See Nebraska Statutes 38-1806
• Consultation means a professional collaborative relationship which is 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, a licensed independent mental health practitioner, or a professional counselor holding a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact and 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• 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
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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.
• 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
• Delegating: means transferring to another individual the authority, responsibility, and accountability to perform nursing interventions. See Nebraska Statutes 38-2205
• 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.
• Devise: To gift property by will.
• Directing: means managing, guiding, and supervising the nursing interventions performed by another individual. See Nebraska Statutes 38-2206
• 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:
• Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electrotherapeutic agent modalities: means neuromuscular electrical stimulation, transcutaneous electrical nerve stimulation, and iontophoresis. See Nebraska Statutes 38-2507
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Executive director: means the executive director of the board. See Nebraska Statutes 38-2207
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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
• 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
• 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.
• Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• 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 nonmedical nutrition information: means information on any of the following:

  (1) Principles of good nutrition and food preparation. See Nebraska Statutes 38-1807

• 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
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• 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.
• 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.
• 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.
• 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.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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
• 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
• 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: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisprudence: The study of law and the structure of the legal system.
• Juror: A person who is on the jury.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed dietitian nutritionist: 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 section 38-1813. See Nebraska Statutes 38-1808
• Licensed health care professional: means a physician, an osteopathic physician, or a physician assistant licensed pursuant to the Uniform Credentialing Act. See Nebraska Statutes 38-2013.01
• Licensed nutritionist: 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 section 38-1817. See Nebraska Statutes 38-1808.01
• 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 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
• 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.
• Magistrate: shall include judge of the county court and clerk magistrate. See Nebraska Statutes 49-801
• 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 nutrition therapy: means the assessment of the nutritional status of patients and the provision of the following nutrition-care services for the treatment or management of a disease or medical condition by:

  (1) Assessing and evaluating the nutritional needs of people and groups and determining resources and constraints in the practice setting, including ordering laboratory tests to check and track nutrition status, creating dietary plans and orders, and monitoring the effectiveness of such plans and orders. See Nebraska Statutes 38-1809

• Medical radiographer: means a person licensed pursuant to subsection (1) of section 38-1915 to practice medical radiography. See Nebraska Statutes 38-1907
• 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
• 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
• Month: shall mean calendar month. See Nebraska Statutes 49-801
• 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.
• 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
• 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
• 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
• 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
• Nutrition counseling: means a supportive process, characterized by a collaborative counselor-patient or counselor-client relationship with individuals or groups, to establish food and nutrition priorities, goals, and individualized action plans and general physical activity guidance that acknowledge and foster responsibility for self-care to treat or manage an existing disease or medical condition or to promote health and wellness. See Nebraska Statutes 38-1809.02
• Nutrition-care services: means any or all of the following services provided within a systematic process:

  (1) Assessing and evaluating the nutritional needs of people and groups and determining resources and constraints in the practice setting, including ordering laboratory tests to check and track nutrition status, creating dietary plans and orders, and monitoring the effectiveness of such plans and orders. See Nebraska Statutes 38-1809.01

• Oath: shall include affirmation in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
• Oath: A promise to tell the truth.
• 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
• Oversight: Committee review of the activities of a Federal agency or program.
• 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 recipient of medical nutrition therapy, whether in the outpatient or inpatient setting. See Nebraska Statutes 38-1810
• 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
• Perinatal mental health disorder: means a mental health condition that occurs during pregnancy or during the postpartum period, including depression, anxiety, or postpartum psychosis. See Nebraska Statutes 38-2013.02
• 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: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
• Personal property: All property that is not real property.
• 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.
• 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
• Physician assistant: means any person who graduates from an approved program, who has passed a proficiency examination, and who the department, with the recommendation of the board, approves to perform medical services under a collaborative agreement with the supervision of a physician or under a collaborative agreement with the supervision of a podiatrist as provided by section 38-3013. See Nebraska Statutes 38-2014
• Physician group: means two or more physicians practicing medicine within or employed by the same business entity. See Nebraska Statutes 38-2014.01
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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.
• Postnatal care: means an office visit to a licensed health care professional occurring after birth, with reference to the infant or mother. See Nebraska Statutes 38-2014.02
• 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 of dietetics and nutrition: means the integration and application of scientific principles derived from the study of food, nutrition, biochemistry, metabolism, nutrigenomics, physiology, food management, and behavioral and social sciences in achieving and maintaining health throughout the life span and in providing nutrition care in person or by telehealth, including medical nutrition therapy, for the purpose of disease management and prevention, or to treat or rehabilitate an illness, injury, or condition. See Nebraska Statutes 38-1810.01
• 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
• 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
• Prenatal care: means an office visit to a licensed health care professional for pregnancy-related care occurring before birth. See Nebraska Statutes 38-2014.03
• 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
• Primary care practitioner: means a physician licensed pursuant to section 38-2026 or sections 38-2029 to 38-2033 who provides primary care services, a nurse practitioner licensed pursuant to section 38-2317 who provides primary care services, or a physician assistant licensed pursuant to section 38-2049 who provides primary care services under a collaborative agreement with the supervision of a physician. See Nebraska Statutes 38-1810.02
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
• Professional 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Questionnaire: means a screening tool administered by a licensed health care professional to detect perinatal mental health disorders, such as the Edinburgh Postnatal Depression Scale, the Postpartum Depression Screening Scale, the Beck Depression Inventory, the Patient Health Questionnaire, or other validated screening methods. See Nebraska Statutes 38-2015.01
• 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 dietitian or registered dietitian nutritionist: means a person who is currently registered as a registered dietitian or a registered dietitian nutritionist by the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics or a similar successor entity approved by the department. See Nebraska Statutes 38-1810.04
• 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
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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

• State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
• 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.
• 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
• Supervising physician: means a licensed physician who supervises a physician assistant under a collaborative agreement. See Nebraska Statutes 38-2017
• Supervision: means the ready availability of the supervising physician for consultation and collaboration on the activities of the physician assistant. See Nebraska Statutes 38-2018
• Sworn: shall include affirmed in all cases in which an affirmation may be substituted for an oath. See Nebraska Statutes 49-801
• 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 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
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Therapeutic diet: means a diet intervention prescribed by a physician or other health care professional that provides food or nutrients via oral, enteral, or parenteral routes as part of the treatment of a disease or diagnosed clinical condition to modify, eliminate, decrease, or increase identified micronutrients or macronutrients in the diet or to provide mechanically altered food when indicated. See Nebraska Statutes 38-1810.05
• Trainee: means any person who is currently enrolled in an approved program. See Nebraska Statutes 38-2020
• 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
• 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.
• 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}
• United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• United States shall: include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• 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

• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• 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
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• 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