LB179 LB179
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 179
Introduced by Fredrickson, 20; Hunt, 8.
Read first time January 09, 2023
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to conversion therapy; to amend sections
2 38-101, 38-178, and 38-2894, Revised Statutes Cumulative Supplement,
3 2022; to prohibit conversion therapy and provide for disciplinary
4 sanctions under the Uniform Credentialing Act as prescribed; to
5 provide for a deceptive trade practice; to define terms; to prohibit
6 the use of funds for conversion therapy as prescribed; to harmonize
7 provisions; and to repeal the original sections.
8 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 38-101, Revised Statutes Cumulative Supplement,
2 2022, is amended to read:
3 38-101 Sections 38-101 to 38-1,147 and section 3 of this act and the
4 following practice acts shall be known and may be cited as the Uniform
5 Credentialing Act:
6 (1) The Advanced Practice Registered Nurse Practice Act;
7 (2) The Alcohol and Drug Counseling Practice Act;
8 (3) The Athletic Training Practice Act;
9 (4) The Audiology and Speech-Language Pathology Practice Act;
10 (5) The Certified Nurse Midwifery Practice Act;
11 (6) The Certified Registered Nurse Anesthetist Practice Act;
12 (7) The Chiropractic Practice Act;
13 (8) The Clinical Nurse Specialist Practice Act;
14 (9) The Cosmetology, Electrology, Esthetics, Nail Technology, and
15 Body Art Practice Act;
16 (10) The Dentistry Practice Act;
17 (11) The Dialysis Patient Care Technician Registration Act;
18 (12) The Emergency Medical Services Practice Act;
19 (13) The Environmental Health Specialists Practice Act;
20 (14) The Funeral Directing and Embalming Practice Act;
21 (15) The Genetic Counseling Practice Act;
22 (16) The Hearing Instrument Specialists Practice Act;
23 (17) The Licensed Practical Nurse-Certified Practice Act until
24 November 1, 2017;
25 (18) The Massage Therapy Practice Act;
26 (19) The Medical Nutrition Therapy Practice Act;
27 (20) The Medical Radiography Practice Act;
28 (21) The Medicine and Surgery Practice Act;
29 (22) The Mental Health Practice Act;
30 (23) The Nurse Practice Act;
31 (24) The Nurse Practitioner Practice Act;
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1 (25) The Nursing Home Administrator Practice Act;
2 (26) The Occupational Therapy Practice Act;
3 (27) The Optometry Practice Act;
4 (28) The Perfusion Practice Act;
5 (29) The Pharmacy Practice Act;
6 (30) The Physical Therapy Practice Act;
7 (31) The Podiatry Practice Act;
8 (32) The Psychology Practice Act;
9 (33) The Respiratory Care Practice Act;
10 (34) The Surgical First Assistant Practice Act; and
11 (35) The Veterinary Medicine and Surgery Practice Act.
12 If there is any conflict between any provision of sections 38-101 to
13 38-1,147 and section 3 of this act and any provision of a practice act,
14 the provision of the practice act shall prevail except as otherwise
15 specifically provided in section 38-129.02.
16 Sec. 2. Section 38-178, Revised Statutes Cumulative Supplement,
17 2022, is amended to read:
18 38-178 Except as otherwise provided in sections 38-1,119 to
19 38-1,123, a credential to practice a profession may be denied, refused
20 renewal, or have other disciplinary measures taken against it in
21 accordance with section 38-185 or 38-186 on any of the following grounds:
22 (1) Misrepresentation of material facts in procuring or attempting
23 to procure a credential;
24 (2) Immoral or dishonorable conduct evidencing unfitness to practice
25 the profession in this state;
26 (3) Abuse of, dependence on, or active addiction to alcohol, any
27 controlled substance, or any mind-altering substance;
28 (4) Failure to comply with a treatment program or an aftercare
29 program, including, but not limited to, a program entered into under the
30 Licensee Assistance Program established pursuant to section 38-175;
31 (5) Conviction of (a) a misdemeanor or felony under Nebraska law or
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1 federal law, or (b) a crime in any jurisdiction which, if committed
2 within this state, would have constituted a misdemeanor or felony under
3 Nebraska law and which has a rational connection with the fitness or
4 capacity of the applicant or credential holder to practice the
5 profession;
6 (6) Practice of the profession (a) fraudulently, (b) beyond its
7 authorized scope, (c) with gross incompetence or gross negligence, or (d)
8 in a pattern of incompetent or negligent conduct;
9 (7) Practice of the profession while the ability to practice is
10 impaired by alcohol, controlled substances, drugs, mind-altering
11 substances, physical disability, mental disability, or emotional
12 disability;
13 (8) Physical or mental incapacity to practice the profession as
14 evidenced by a legal judgment or a determination by other lawful means;
15 (9) Illness, deterioration, or disability that impairs the ability
16 to practice the profession;
17 (10) Permitting, aiding, or abetting the practice of a profession or
18 the performance of activities requiring a credential by a person not
19 credentialed to do so;
20 (11) Performing or offering to perform scleral tattooing as defined
21 in section 38-10,172 by a person not credentialed to do so;
22 (12) Having had his or her credential denied, refused renewal,
23 limited, suspended, revoked, or disciplined in any manner similar to
24 section 38-196 by another state or jurisdiction based upon acts by the
25 applicant or credential holder similar to acts described in this section;
26 (13) Use of untruthful, deceptive, or misleading statements in
27 advertisements, including failure to comply with section 38-124;
28 (14) Conviction of fraudulent or misleading advertising or
29 conviction of a violation of the Uniform Deceptive Trade Practices Act;
30 (15) Distribution of intoxicating liquors, controlled substances, or
31 drugs for any other than lawful purposes;
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1 (16) Violations of the Uniform Credentialing Act or the rules and
2 regulations relating to the particular profession;
3 (17) Unlawful invasion of the field of practice of any profession
4 regulated by the Uniform Credentialing Act which the credential holder is
5 not credentialed to practice;
6 (18) Violation of the Uniform Controlled Substances Act or any rules
7 and regulations adopted pursuant to the act;
8 (19) Failure to file a report required by section 38-1,124,
9 38-1,125, or 71-552;
10 (20) Failure to maintain the requirements necessary to obtain a
11 credential;
12 (21) Violation of an order issued by the department;
13 (22) Violation of an assurance of compliance entered into under
14 section 38-1,108;
15 (23) Failure to pay an administrative penalty;
16 (24) Unprofessional conduct as defined in section 38-179;
17 (25) Violation of the Automated Medication Systems Act; or
18 (26) Failure to comply with section 38-1,147; or .
19 (27) Providing conversion therapy in violation of section 3 of this
20 act.
21 Sec. 3. (1) Except as provided in subsection (3) of this section, a
22 person holding a credential under the Medicine and Surgery Practice Act,
23 the Mental Health Practice Act, the Nurse Practice Act, the Pharmacy
24 Practice Act, or the Psychology Practice Act shall not provide conversion
25 therapy to any individual under nineteen years of age.
26 (2) A violation of subsection (1) of this section shall constitute a
27 deceptive trade practice under the Uniform Deceptive Trade Practices Act
28 and shall be subject to any remedies or penalties available for a
29 violation of such act.
30 (3) This section does not apply to a practice or treatment conducted
31 by a clergy member or religious counselor who is acting in a pastoral or
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1 religious capacity and not in the capacity of a health care professional.
2 (4) For purposes of this section:
3 (a)(i) Conversion therapy means a practice or treatment that seeks
4 to change an individual's sexual orientation or gender identity,
5 including efforts to change behaviors or gender expressions or to
6 eliminate or reduce sexual or romantic attractions or feelings toward
7 individuals of the same gender; and
8 (ii) Conversion therapy does not mean a practice or treatment that
9 does not seek to change an individual's sexual orientation or gender
10 identity and that:
11 (A) Is neutral with respect to sexual orientation and gender
12 identity;
13 (B) Provides assistance to a patient or client undergoing gender
14 transition;
15 (C) Provides acceptance, support, and understanding to a patient or
16 client;
17 (D) Facilitates a patient's or client's ability to cope, develop
18 social support, and explore or understand the patient or client; or
19 (E) Addresses unlawful or unsafe sexual activities in a manner that
20 is neutral with respect to sexual orientation and gender identity; and
21 (b) Gender identity means an individual's internal sense of the
22 individual's own gender, regardless of the sex the individual was
23 assigned at birth.
24 Sec. 4. (1) No state funds nor any funds belonging to a political
25 subdivision of this state shall be expended for the purpose of:
26 (a) Conducting conversion therapy;
27 (b) Referring a person for conversion therapy; or
28 (c) Providing health benefits coverage for conversion therapy.
29 (2) For purposes of this section, conversion therapy has the same
30 meaning as in section 3 of this act.
31 Sec. 5. Section 38-2894, Revised Statutes Cumulative Supplement,
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1 2022, is amended to read:
2 38-2894 (1) A registration to practice as a pharmacy technician may
3 be denied, refused renewal, removed, or suspended or have other
4 disciplinary measures taken against it by the department, with the
5 recommendation of the board, for failure to meet the requirements of or
6 for violation of any of the provisions of subdivisions (1) through (18)
7 and (20) through (27) (26) of section 38-178 and sections 38-2890 to
8 38-2897 or the rules and regulations adopted under such sections.
9 (2) If the department proposes to deny, refuse renewal of, or remove
10 or suspend a registration, it shall send the applicant or registrant a
11 notice setting forth the action to be taken and the reasons for the
12 determination. The denial, refusal to renew, removal, or suspension shall
13 become final thirty days after mailing the notice unless the applicant or
14 registrant gives written notice to the department of his or her desire
15 for an informal conference or for a formal hearing.
16 (3) Notice may be served by any method specified in section
17 25-505.01, or the department may permit substitute or constructive
18 service as provided in section 25-517.02 when service cannot be made with
19 reasonable diligence by any of the methods specified in section
20 25-505.01.
21 (4) Pharmacy technicians may participate in the Licensee Assistance
22 Program described in section 38-175.
23 Sec. 6. Original sections 38-101, 38-178, and 38-2894, Revised
24 Statutes Cumulative Supplement, 2022, are repealed.
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Statutes affected:
Introduced: 38-101, 38-178