38-121. Practices; credential required.

(1) No individual shall engage in the following practices unless such individual has obtained a credential under the Uniform Credentialing Act:

(a) Acupuncture;

(b) Advanced practice nursing;

(c) Alcohol and drug counseling;

(d) Asbestos abatement, inspection, project design, and training;

(e) Athletic training;

(f) Audiology;

(g) Speech-language pathology;

(h) Body art;

(i) Chiropractic;

(j) Cosmetology;

(k) Dentistry;

(l) Dental hygiene;

(m) Electrology;

(n) Emergency medical services;

(o) Esthetics;

(p) Funeral directing and embalming;

(q) Genetic counseling;

(r) Hearing instrument dispensing and fitting;

(s) Lead-based paint abatement, inspection, project design, and training;

(t) Licensed practical nurse-certified until November 1, 2017;

(u) Massage therapy;

(v) Medical nutrition therapy;

(w) Medical radiography;

(x) Medicine and surgery;

(y) Mental health practice;

(z) Nail technology;

(aa) Nursing;

(bb) Nursing home administration;

(cc) Occupational therapy;

(dd) Optometry;

(ee) Osteopathy;

(ff) Perfusion;

(gg) Pharmacy;

(hh) Physical therapy;

(ii) Podiatry;

(jj) Psychology;

(kk) Radon detection, measurement, and mitigation;

(ll) Respiratory care;

(mm) Surgical assisting;

(nn) Veterinary medicine and surgery;

(oo) Public water system operation; and

(pp) Constructing or decommissioning water wells and installing water well pumps and pumping equipment.

(2) No individual shall hold himself or herself out as any of the following until such individual has obtained a credential under the Uniform Credentialing Act for that purpose:

(a) Registered environmental health specialist;

(b) Certified marriage and family therapist;

(c) Certified professional counselor;

(d) Social worker; or

(e) Dialysis patient care technician.

(3) No business shall operate for the provision of any of the following services unless such business has obtained a credential under the Uniform Credentialing Act:

(a) Body art;

(b) Cosmetology;

(c) Emergency medical services;

(d) Esthetics;

(e) Funeral directing and embalming;

(f) Massage therapy; or

(g) Nail technology.

Source

Annotations

The practice of operative surgery in its commonly accepted meaning requires a license to practice medicine and surgery. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941).

Former statute regulating the practice of medicine was not void as discriminatory because it did not provide for examination of all persons desiring to treat patients by drugless or other methods of healing. Carpenter v. State, 106 Neb. 742, 184 N.W. 941 (1921).

One who had no license to practice dentistry could not maintain an action in equity to enjoin the state board from interfering with such practice. Patterson v. Morehead, 100 Neb. 760, 161 N.W. 273 (1917).

A corporation cannot be licensed to practice medicine but licensed physicians may form a corporation and make contracts for services of members. State Electro-Medical Institute v. State, 74 Neb. 40, 103 N.W. 1078 (1905).

Under former statute, the practice of osteopathy without license as a physician was unlawful. Little v. State, 60 Neb. 749, 84 N.W. 248 (1900), 51 L.R.A. 717 (1900).

Statute requiring a license to practice the professions enumerated in this section does not contravene Article 3, section 14, of the Constitution of Nebraska providing that no bill shall contain more than one subject to be clearly expressed in the title. Peet Stock Remedy Co. v. McMullen, 32 F.2d 669 (8th Cir. 1929).