LB422 LB422
2023 2023
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 422
Introduced by Kauth, 31.
Read first time January 13, 2023
Committee: Health and Human Services
1 A BILL FOR AN ACT relating to the Medicine and Surgery Practice Act; to
2 amend section 38-2037, Reissue Revised Statutes of Nebraska; to
3 exempt certain activities from disciplinary action; and to repeal
4 the original section.
5 Be it enacted by the people of the State of Nebraska,
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LB422 LB422
2023 2023
1 Section 1. Section 38-2037, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 38-2037 (1) In addition to the grounds for disciplinary action
4 found in sections 38-178 and 38-179, a license to practice medicine and
5 surgery or osteopathic medicine and surgery or a license to practice as a
6 physician assistant may be denied, refused renewal, limited, revoked, or
7 suspended or have other disciplinary measures taken against it in
8 accordance with section 38-196 when the applicant or licensee fails to
9 comply with the provisions of section 71-603.01, 71-604, 71-605, or
10 71-606 relating to the signing of birth and death certificates.
11 (2) A license to practice medicine and surgery or osteopathic
12 medicine and surgery shall not be subject to any disciplinary measures as
13 a result of the applicant or licensee expressing an opinion or providing
14 medical advice that disagrees with the medical consensus on an issue of
15 health or disease unless the opinion or advice is disseminated with
16 malicious intent or an intent to deceive.
17 Sec. 2. Original section 38-2037, Reissue Revised Statutes of
18 Nebraska, is repealed.
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Statutes affected:
Introduced: 38-2037