Nebraska Statutes 38-178. Disciplinary actions; grounds
Except as otherwise provided in sections 38-1,119 to 38-1,123, a credential to practice a profession may be issued subject to discipline, denied, refused renewal, or have other disciplinary measures taken against it in accordance with section 38-183, 38-185, or 38-186 on any of the following grounds:
Terms Used In Nebraska Statutes 38-178
- Active addiction: means current physical or psychological dependence on alcohol or a substance, which dependence develops following the use of alcohol or a substance on a periodic or continuing basis. See Nebraska Statutes 38-106
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a plea or verdict of guilty or a conviction following a plea of nolo contendere or non vult contendere made to a formal criminal charge or a judicial finding of guilt irrespective of the pronouncement of judgment or the suspension thereof and includes instances in which the imposition or the execution of sentence is suspended following a judicial finding of guilt and the defendant is placed on probation. See Nebraska Statutes 38-177
- Credential: means a license, certificate, or registration. See Nebraska Statutes 38-113
- Department: means the Division of Public Health of the Department of Health and Human Services. See Nebraska Statutes 38-114
- Dependence: means a maladaptive pattern of alcohol or substance use, leading to clinically significant impairment or distress, as manifested by three or more of the following occurring at any time in the same twelve-month period:
(1) Tolerance as defined by either of the following:
(a) A need for markedly increased amounts of alcohol or the substance to achieve intoxication or desired effect. See Nebraska Statutes 38-115
- 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.
- Pattern of incompetent or negligent conduct: means a continued course of incompetent or negligent conduct in performing the duties of the profession. See Nebraska Statutes 38-177
- 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
- Profession: means any profession or occupation named in subsection (1) or (2) of section Nebraska Statutes 38-119
- 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
(1) Misrepresentation of material facts in procuring or attempting to procure a credential;
(2) Immoral or dishonorable conduct evidencing unfitness to practice the profession in this state;
(3) Abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance;
(4) Failure to comply with a treatment program or an aftercare program, including, but not limited to, a program entered into under the Licensee Assistance Program established pursuant to section 38-175 ;
(5) Conviction of (a) a misdemeanor or felony under Nebraska law or federal law, or (b) a crime in any jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony under Nebraska law and which has a rational connection with the fitness or capacity of the applicant or credential holder to practice the profession;
(6) Practice of the profession (a) fraudulently, (b) beyond its authorized scope, (c) with gross incompetence or gross negligence, or (d) in a pattern of incompetent or negligent conduct;
(7) Practice of the profession while the ability to practice is impaired by alcohol, controlled substances, drugs, mind-altering substances, physical disability, mental disability, or emotional disability;
(8) Physical or mental incapacity to practice the profession as evidenced by a legal judgment or a determination by other lawful means;
(9) Illness, deterioration, or disability that impairs the ability to practice the profession;
(10) Permitting, aiding, or abetting the practice of a profession or the performance of activities requiring a credential by a person not credentialed to do so;
(11) Performing or offering to perform scleral tattooing as defined in section 38-10,172 by a person not credentialed to do so;
(12) Having had his or her credential denied, refused renewal, limited, suspended, revoked, or disciplined in any manner similar to section 38-196 by another state or jurisdiction based upon acts by the applicant or credential holder similar to acts described in this section;
(13) Use of untruthful, deceptive, or misleading statements in advertisements, including failure to comply with section 38-124 ;
(14) Conviction of fraudulent or misleading advertising or conviction of a violation of the Uniform Deceptive Trade Practices Act;
(15) Distribution of intoxicating liquors, controlled substances, or drugs for any other than lawful purposes;
(16) Violations of the Uniform Credentialing Act or the rules and regulations relating to the particular profession;
(17) Unlawful invasion of the field of practice of any profession regulated by the Uniform Credentialing Act which the credential holder is not credentialed to practice;
(18) Violation of the Uniform Controlled Substances Act or any rules and regulations adopted pursuant to the act;
(19) Failure to file a report required by section 38-1,124, 38-1,125, or 71-552 ;
(20) Failure to maintain the requirements necessary to obtain a credential;
(21) Violation of an order issued by the department;
(22) Violation of an assurance of compliance entered into under section 38-1,108 ;
(23) Failure to pay an administrative penalty;
(24) Unprofessional conduct as defined in section 38-179 ;
(25) Violation of the Automated Medication Systems Act;
(26) Failure to comply with section 38-1,147 ; or
(27) Violation of the Preborn Child Protection Act.