Terms Used In Nebraska Statutes > Medicine and Surgery Practice Act

• Accredited hospital: means a hospital accredited by the department, with the recommendation of the board. See Nebraska Statutes 38-2003
• Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
• Acupuncture: means the insertion, manipulation, and removal of acupuncture needles and the application of manual, mechanical, thermal, electrical, and electromagnetic treatment to such needles at specific points or meridians on the human body in an effort to promote, maintain, and restore health and for the treatment of disease, based on acupuncture theory. See Nebraska Statutes 38-2006
• Acupuncturist: means a person engaged in the practice of acupuncture. See Nebraska Statutes 38-2007
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• An accredited school or college of medicine: means one approved by the board, and such school or college shall meet and maintain generally minimum standards approved by the board. See Nebraska Statutes 38-2004
• An accredited school or college of osteopathic medicine: means one approved by the board. See Nebraska Statutes 38-2005
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Approved program: means a program for the education of physician assistants which is accredited by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor agency and which the board formally approves. See Nebraska Statutes 38-2008
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
• Board: means the Board of Medicine and Surgery. See Nebraska Statutes 38-2010
• Committee: means the Physician Assistant Committee created in section Nebraska Statutes 38-2011
• Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Domestic: when applied to corporations shall mean all those created by authority of this state. See Nebraska Statutes 49-801
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fellowship: means a program of supervised educational training, approved by the board, in a medical specialty or subspecialty at an accredited hospital, an accredited school or college of medicine, or an accredited school or college of osteopathic medicine, that follows the completion of undergraduate medical education. See Nebraska Statutes 38-2012
• Fiduciary: A trustee, executor, or administrator.
• Foreign: when applied to corporations shall include all those created by authority other than that of this state. See Nebraska Statutes 49-801
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Graduate medical education or residency: means a program of supervised educational training, approved by the board, in a medical specialty at an accredited hospital, an accredited school or college of medicine, or an accredited school or college of osteopathic medicine, that follows the completion of undergraduate medical education. See Nebraska Statutes 38-2013
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed health care professional: means a physician, an osteopathic physician, or a physician assistant licensed pursuant to the Uniform Credentialing Act. See Nebraska Statutes 38-2013.01
• Nothing in this section: shall be construed to prohibit the department, with the recommendation of the board, from accepting accreditation of a school or college of osteopathic medicine by the American Osteopathic Association as evidence of meeting the specified requirements of this section or the equivalent thereof. See Nebraska Statutes 38-2005
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
• Perinatal mental health disorder: means a mental health condition that occurs during pregnancy or during the postpartum period, including depression, anxiety, or postpartum psychosis. See Nebraska Statutes 38-2013.02
• Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
• Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
• Physician assistant: means any person who graduates from an approved program, who has passed a proficiency examination, and who the department, with the recommendation of the board, approves to perform medical services under a collaborative agreement with the supervision of a physician or under a collaborative agreement with the supervision of a podiatrist as provided by section Nebraska Statutes 38-2014
• Physician group: means two or more physicians practicing medicine within or employed by the same business entity. See Nebraska Statutes 38-2014.01
• Postnatal care: means an office visit to a licensed health care professional occurring after birth, with reference to the infant or mother. See Nebraska Statutes 38-2014.02
• Prenatal care: means an office visit to a licensed health care professional for pregnancy-related care occurring before birth. See Nebraska Statutes 38-2014.03
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
• Proficiency examination: means the Physician Assistant National Certifying Examination administered by the National Commission on Certification of Physician Assistants. See Nebraska Statutes 38-2015
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Questionnaire: means a screening tool administered by a licensed health care professional to detect perinatal mental health disorders, such as the Edinburgh Postnatal Depression Scale, the Postpartum Depression Screening Scale, the Beck Depression Inventory, the Patient Health Questionnaire, or other validated screening methods. See Nebraska Statutes 38-2015.01
• Refresher course: means a planned program of supervised educational training, approved by the board, that provides a review of medical knowledge and skills for the purpose of the enhancement of clinical competency. See Nebraska Statutes 38-2016
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
• Supervising physician: means a licensed physician who supervises a physician assistant under a collaborative agreement. See Nebraska Statutes 38-2017
• Supervision: means the ready availability of the supervising physician for consultation and collaboration on the activities of the physician assistant. See Nebraska Statutes 38-2018
• Temporary educational permit: means a permit to practice medicine and surgery, osteopathic medicine and surgery, or any of their allied specialties in graduate medical education, a fellowship, or a refresher course. See Nebraska Statutes 38-2019
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trainee: means any person who is currently enrolled in an approved program. See Nebraska Statutes 38-2020
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
• Unprofessional conduct: means any departure from or failure to conform to the standards of acceptable and prevailing practice of medicine and surgery or the ethics of the profession, regardless of whether a person, patient, or entity is injured, or conduct that is likely to deceive or defraud the public or is detrimental to the public interest, including, but not limited to:

  (1) Performance by a physician of an abortion as defined in subdivision (1) of section Nebraska Statutes 38-2021

• Venue: The geographical location in which a case is tried.
• Violate: shall include failure to comply with. See Nebraska Statutes 49-801
• Visiting faculty permit: means a permit for a physician qualified by virtue of previous medical training and experience to teach students of medicine, to conduct research, or both. See Nebraska Statutes 38-2022
• Year: shall mean calendar year. See Nebraska Statutes 49-801