Bill Summary – FastDemocracy

LB291                                                                               LB291
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                              LEGISLATURE OF NEBRASKA
                          ONE HUNDRED EIGHTH LEGISLATURE
                                   FIRST SESSION
                       LEGISLATIVE BILL 291
        Introduced by Cavanaugh, M., 6.
        Read first time January 11, 2023
        Committee: Health and Human Services
    A BILL FOR AN ACT relating to the Uniform Credentialing Act; to amend
       sections 38-101 and 38-129, Revised Statutes Cumulative Supplement,
        2022; to require implicit bias or diversity, equity, and inclusion
        training for certain applicants and credential holders under the
       Uniform Credentialing Act;       to define   a term;   to harmonize
       provisions; and to repeal the original sections.
   Be it enacted by the people of the State of Nebraska,
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        Section 1. Section 38-101, Revised Statutes Cumulative Supplement,
    2022, is amended to read:
       38-101 Sections 38-101 to 38-1,147 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;
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       (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; and
       (35) The Veterinary Medicine and Surgery Practice Act.
        If there is any conflict between any provision of sections 38-101 to
    38-1,147 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 38-129.02.
       Sec.    2.   Section     38-129,    Revised Statutes Cumulative Supplement,
   2022, is amended to read:
       38-129 (1) No individual shall be issued a credential under the
   Uniform Credentialing Act until the individual he or she has furnished
   satisfactory evidence to the department that the individual:
       (a) Is he or she is of good character;
       (b)    Has and has attained the age of   nineteen years except as
   otherwise specifically provided by statute, rule, or regulation; and .
        (c) Except as provided in subsection (2) of section 3 of this act,
   beginning October 1, 2024, has completed implicit bias or diversity,
   equity, and inclusion training as defined in section 3 of this act.
        (2) A credential may only be issued to (a) a citizen of the United
   States, (b) an alien lawfully admitted into the United States who is
   eligible for a credential under the Uniform Credentialing Act, (c) a
   nonimmigrant lawfully present in the United States who is eligible for a
   credential under the Uniform Credentialing Act, or (d) a person who
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LB291                                                                                                  LB291
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   submits (i) an unexpired employment authorization document issued by the
    United States Department of    Homeland Security,       Form    I-766,     and    (ii)
   documentation issued by     the United States Department of     Homeland
   Security, the United States Citizenship and Immigration Services, or any
   other federal agency, such as one of the types of Form I-797 used by the
   United States Citizenship and Immigration Services, demonstrating that
    such person is described in section 202(c)(2)(B)(i) through (x) of the
    federal REAL ID Act of 2005, Public Law 109-13. Such credential shall be
    valid only for the period of time during which such person's employment
    authorization document is valid.
          Sec. 3.     (1) Except as provided in subsection (2) of this section,
    beginning with the first credential renewal period which begins on or
   after October    1,   2024,    every person holding     a credential under the
    Uniform Credentialing Act shall annually complete implicit bias or
    diversity, equity, and inclusion training.
          (2) This section and subdivision (1)(c) of section 38-129 do not
   apply to persons credentialed to engage in the practice of asbestos
   abatement, inspection, project design, and training; athletic training;
   body art;   cosmetology;      electrology;        esthetics;       funeral directing and
   embalming; hearing instrument dispensing and fitting; lead-based paint
    abatement, inspection, project design, and training; nail technology;
    radon detection, measurement, and mitigation; or veterinary medicine and
    surgery or to a registered environmental health specialist.
          (3)(a) For purposes of this section, implicit bias or diversity,
   equity,    and inclusion training means    a program designed to    increase
   awareness of prejudices or partialities, provide tools that facilitate
   positive interpersonal and intergroup interaction, reduce prejudice and
   discrimination, and afford all individuals the opportunity to interact
   fully and effectively in medical settings, thereby reducing inequitable
   health treatments and outcomes.
          (b) The department may approve implicit bias training or diversity,
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LB291                                                                               LB291
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   equity, and inclusion training provided by a national or state medical
   association to qualify as implicit bias training under this section.
        Sec.   4.   Original sections   38-101   and   38-129,   Revised Statutes
    Cumulative Supplement, 2022, are repealed.
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Statutes affected: 
Introduced: 38-101, 38-129