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LEGISLATIVE BILL 390
Approved by the Governor April 21, 2021
Introduced by Murman, 38; Blood, 3; at the request of the Governor.
A BILL FOR AN ACT relating to the Uniform Credentialing Act; to amend sections
38-101 and 38-129.01, Revised Statutes Cumulative Supplement, 2020; to provide for additional credentials; to change requirements for credentials; to harmonize provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Section 38-101, Revised Statutes Cumulative Supplement, 2020,
is amended to read:
38-101 Sections 38-101 to 38-1,145 and section 3 of this act and the following practice acts shall be known and may be cited as the Uniform Credentialing Act:
(1) The Advanced Practice Registered Nurse Practice Act;
(2) The Alcohol and Drug Counseling Practice Act;
(3) The Athletic Training Practice Act;
(4) The Audiology and Speech-Language Pathology Practice Act;
(5) The Certified Nurse Midwifery Practice Act;
(6) The Certified Registered Nurse Anesthetist Practice Act;
(7) The Chiropractic Practice Act;
(8) The Clinical Nurse Specialist Practice Act;
(9) The Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act;
(10) The Dentistry Practice Act;
(11) The Dialysis Patient Care Technician Registration Act;
(12) The Emergency Medical Services Practice Act;
(13) The Environmental Health Specialists Practice Act;
(14) The Funeral Directing and Embalming Practice Act;
(15) The Genetic Counseling Practice Act;
(16) The Hearing Instrument Specialists Practice Act;
(17) The Licensed Practical Nurse-Certified Practice Act until November 1,
2017;
(18) The Massage Therapy Practice Act;
(19) The Medical Nutrition Therapy Practice Act;
(20) The Medical Radiography Practice Act;
(21) The Medicine and Surgery Practice Act;
(22) The Mental Health Practice Act;
(23) The Nurse Practice Act;
(24) The Nurse Practitioner Practice Act;
(25) The Nursing Home Administrator Practice Act;
(26) The Occupational Therapy Practice Act;
(27) The Optometry Practice Act;
(28) The Perfusion Practice Act;
(29) The Pharmacy Practice Act;
(30) The Physical Therapy Practice Act;
(31) The Podiatry Practice Act;
(32) The Psychology Practice Act;
(33) The Respiratory Care Practice Act;
(34) The Surgical First Assistant Practice Act;
(35) The Veterinary Medicine and Surgery Practice Act; and
(36) The Water Well Standards and Contractors' Practice Act.
If there is any conflict between any provision of sections 38-101 to
38-1,145 and section 3 of this act and any provision of a practice act, the provision of the practice act shall prevail except as otherwise specifically provided in section 3 of this act.
The Revisor of Statutes shall assign the Uniform Credentialing Act,
including the practice acts enumerated in subdivisions (1) through (35) of this section, to articles within Chapter 38.
Sec. 2. Section 38-129.01, Revised Statutes Cumulative Supplement, 2020,
is amended to read:
38-129.01 (1) The department, with the recommendation of the appropriate board, shall issue a temporary credential to a military spouse who complies with and meets the requirements of this section pending issuance of the applicable credential under the Uniform Credentialing Act. This section shall not apply to a license to practice dentistry, including a temporary license under section 38-1123.
(2) A military spouse shall submit the following with his or her application for the applicable credential:
(a) A copy of his or her military dependent identification card which identifies him or her as the spouse of an active duty member of the United States Armed Forces;
(b) A copy of his or her spouse's military orders reflecting an active-
duty assignment in Nebraska;
(c) A copy of his or her credential from another jurisdiction and the applicable statutes, rules, and regulations governing the credential; and
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(d) A copy of his or her fingerprints for a criminal background check if
required under section 38-131.
(3) If the department, with the recommendation of the appropriate board,
determines that the applicant is a resident of Nebraska, is the spouse of an active duty member of the United States Armed Forces who is assigned to a duty station in Nebraska, holds a valid credential in another jurisdiction which has similar standards for the profession to the Uniform Credentialing Act and the rules and regulations adopted and promulgated under the act, and has submitted fingerprints for a criminal background check if required under section 38-131,
the department shall issue a temporary credential to the applicant. The applicant shall not be required to pay any fees pursuant to the Uniform Credentialing Act for the temporary credential or the initial regular credential except the actual cost of the fingerprinting and criminal background check for an initial license under section 38-131.
(4) A temporary credential issued under this section shall be valid until the application for the regular credential is approved or rejected, not to
exceed one year.
Sec. 3. (1) This section provides an additional method of issuing a credential based on reciprocity and is supplemental to the methods of
credentialing found in the various practice acts within the Uniform Credentialing Act. Any person required to be credentialed under any of the various practice acts who meets the requirements of this section shall be
issued a credential subject to the provisions of this section.
(2) A person who has a credential that is current and valid in another state, a territory of the United States, or the District of Columbia may apply to the department for the equivalent credential under the Uniform Credentialing Act. The department, with the recommendation of the board with jurisdiction over the equivalent credential, shall determine the appropriate level of
credential for which the applicant qualifies under this section. The department shall determine the documentation required to comply with subsection (3) of this section. The department shall issue the credential if the applicant meets the requirements of subsections (3) and (4) of this section and section 38-129
and submits the appropriate fees for issuance of the credential, including fees for a criminal background check if required for the profession. A credential issued under this section shall not be valid for purposes of an interstate compact or for reciprocity provisions of any practice act under the Uniform Credentialing Act.
(3) The applicant shall provide documentation of the following:
(a) The credential held in the other state, territory, or District of
Columbia, the level of such credential, and the profession for which credentialed;
(b) Such credential is valid and current and has been valid for at least one year;
(c) Educational requirements;
(d) The minimum work experience and clinical supervision requirements, if any, required for such credential and verification of the applicant's completion of such requirements;
(e) The passage of an examination for such credential if such passage is
required to obtain the credential in the other jurisdiction;
(f) Such credential is not and has not been subject to revocation or any other disciplinary action or voluntarily surrendered while the applicant was under investigation for unprofessional conduct or any other conduct which would be subject to section 38-178 if the conduct occurred in Nebraska;
(g) Such credential has not been subject to disciplinary action. If another jurisdiction has taken disciplinary action against the applicant on any credential the applicant has held, the appropriate board under the Uniform Credentialing Act shall determine if the cause for the disciplinary action was corrected and the matter resolved. If the matter has not been resolved, the applicant is not eligible for a credential under this section until the matter is resolved; and
(h) Receipt of a passing score on a credentialing examination specific to
the laws of Nebraska if required by the appropriate board under the Uniform Credentialing Act.
(4) An applicant who obtains a credential upon compliance with subsections
(2) and (3) of this section shall establish residency in Nebraska within one hundred eighty days after the issuance of the credential and shall provide proof of residency in a manner and within the time period required by the department. The department shall automatically revoke the credential of any credential holder who fails to comply with this subsection.
(5) In addition to failure to submit the required documentation in
subsection (3) of this section, an applicant shall not be eligible for a credential under this section if:
(a) The applicant had a credential revoked, subject to any other disciplinary action, or voluntarily surrendered due to an investigation in any jurisdiction for unprofessional conduct or any other conduct which would be
subject to section 38-178 if the conduct occurred in Nebraska;
(b) The applicant has a complaint, allegation, or investigation pending before any jurisdiction that relates to unprofessional conduct or any other conduct which would be subject to section 38-178 if the conduct occurred in
Nebraska. If the matter has not been resolved, the applicant is not eligible for a credential under this section until the matter is resolved; or
(c) The person has a disqualifying criminal history as determined by the appropriate board pursuant to the Uniform Credentialing Act and rules and
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regulations adopted and promulgated under the act.
(6) A person who holds a credential under this section shall be subject to
the Uniform Credentialing Act and other laws of this state relating to the person's practice under the credential and shall be subject to the jurisdiction of the appropriate board.
(7) This section applies to credentials for:
(a) Professions governed by the Advanced Practice Registered Nurse Practice Act, the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, the Dentistry Practice Act, the Dialysis Patient Care Technician Registration Act, the Emergency Medical Services Practice Act, the Medical Nutrition Therapy Practice Act, the Medical Radiography Practice Act, the Nurse Practitioner Practice Act, the Optometry Practice Act, the Perfusion Practice Act, the Pharmacy Practice Act, the Psychology Practice Act, and the Surgical First Assistant Practice Act; and
(b) Physician assistants and acupuncturists credentialed pursuant to the Medicine and Surgery Practice Act.
Sec. 4. Original sections 38-101 and 38-129.01, Revised Statutes Cumulative Supplement, 2020, are repealed.
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Statutes affected:
Introduced: 38-101, 38-129.01
Final Reading: 38-101, 38-129.01
Slip Law: 38-101, 38-129.01