Nebraska § 38-121 - Practices; credential required.

§ 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) Beginning one year after September 2, 2023, behavior analysis;

(i) Body art;

(j) Chiropractic;

(k) Cosmetology;

(l) Dentistry;

(m) Dental hygiene;

(n) Electrology;

(o) Emergency medical services;

(p) Esthetics;

(q) Funeral directing and embalming;

(r) Genetic counseling;

(s) Hearing instrument dispensing and fitting;

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

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

(v) Massage therapy;

(w) Medical nutrition therapy;

(x) Medical radiography;

(y) Medicine and surgery;

(z) Mental health practice;

(aa) Nail technology;

(bb) Nursing;

(cc) Nursing home administration;

(dd) Occupational therapy;

(ee) Optometry;

(ff) Osteopathy;

(gg) Perfusion;

(hh) Pharmacy;

(ii) Physical therapy;

(jj) Podiatry;

(kk) Psychology;

(ll) Radon detection, measurement, and mitigation;

(mm) Respiratory care;

(nn) Surgical assisting; and

(oo) Veterinary medicine and surgery.

(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) Certified art therapist;

(e) Social worker; or

(f) 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.

Because the proper procedure to bring a constitutional challenge to the facial validity of a statute is to file a motion to quash, the district court erred in granting the defendant's plea in abatement where there was a pending motion to quash the charges against the defendant, in part on the ground that this section is unconstitutionally vague. State v. Jones, 317 Neb. 559, 10 N.W.3d 747 (2024).

Focusing primarily on the list of practices set forth in this section is insufficient to determine whether a credential is required for a purported profession or occupation. Instead, one must look to the conduct involved in the purported profession or occupation, as set forth in the various "Practice Acts" listed in section 38-101, to determine whether that conduct is within the scope of practice of a profession or credential listed in this section. State v. Jones, 317 Neb. 559, 10 N.W.3d 747 (2024).

Individuals who engage in the conduct in which a self-described lay midwife allegedly engaged are generally required to hold a credential under the Uniform Credentialing Act. State v. Jones, 317 Neb. 559, 10 N.W.3d 747 (2024).

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).