§ 38-129.02 — Credential; additional method of issuance based on reciprocity; eligibility; requirements; applicability

Nebraska § 38-129.02

• Jurisdiction: Nebraska
• Ch. 38: Health Occupations and Professions

Text

(1) This section provides an additional method of issuing a credential based on reciprocity and is supplemental to the methods of credentialing found in the various practice acts within the Uniform Credentialing Act. Any person required to be credentialed under any of the various practice acts who meets the requirements of this section shall be issued a credential subject to the provisions of this section.
(2) A person who has a credential that is current and valid in another state, a territory of the United States, or the District of Columbia may apply to the department for the equivalent credential under the Uniform Credentialing Act. The department, with the recommendation of the board with jurisdiction over the equivalent credential, shall determine the appropriate level of credential for which the applicant qualifies under this section. The department shall determine the documentation required to comply with subsection (3) of this section. The department shall issue the credential if the applicant meets the requirements of subsections (3) and (4) of this section and section 38-129 and submits the appropriate fees for issuance of the credential, including fees for a criminal background check if required for the profession. A credential issued under this section shall not be valid for purposes of an interstate compact or for reciprocity provisions of any practice act under the Uniform Credentialing Act.
(3) The applicant shall provide documentation of the following:
(a) The credential held in the other state, territory, or District of Columbia, the level of such credential, and the profession for which credentialed;
(b) Such credential is valid and current and has been valid for at least one year;
(c) Educational requirements;
(d) The minimum work experience and clinical supervision requirements, if any, required for such credential and verification of the applicant's completion of such requirements;
(e) The passage of an examination for such credential if such passage is required to obtain the credential in the other jurisdiction;
(f) Such credential is not and has not been subject to revocation or any other disciplinary action or voluntarily surrendered while the applicant was under investigation for unprofessional conduct or any other conduct which would be subject to section 38-178 if the conduct occurred in Nebraska;
(g) Such credential has not been subject to disciplinary action. If another jurisdiction has taken disciplinary action against the applicant on any credential the applicant has held, the appropriate board under the Uniform Credentialing Act shall determine if the cause for the disciplinary action was corrected and the matter resolved. If the matter has not been resolved, the applicant is not eligible for a credential under this section until the matter is resolved; and
(h) Receipt of a passing score on a credentialing examination specific to the laws of Nebraska if required by the appropriate board under the Uniform Credentialing Act.
(4) An applicant who obtains a credential upon compliance with subsections (2) and (3) of this section shall establish residency in Nebraska within one hundred eighty days after the issuance of the credential and shall provide proof of residency in a manner and within the time period required by the department. The department shall automatically revoke the credential of any credential holder who fails to comply with this subsection.
(5) In addition to failure to submit the required documentation in subsection (3) of this section, an applicant shall not be eligible for a credential under this section if:
(a) The applicant had a credential revoked, subject to any other disciplinary action, or voluntarily surrendered due to an investigation in any jurisdiction for unprofessional conduct or any other conduct which would be subject to section 38-178 if the conduct occurred in Nebraska;
(b) The applicant has a complaint, allegation, or investigation pending before any jurisdiction that relates to unprofessional conduct or any other conduct which would be subject to section 38-178 if the conduct occurred in Nebraska. If the matter has not been resolved, the applicant is not eligible for a credential under this section until the matter is resolved; or
(c) The person has a disqualifying criminal history as determined by the appropriate board pursuant to the Uniform Credentialing Act and rules and regulations adopted and promulgated under the act.
(6) A person who holds a credential under this section shall be subject to the Uniform Credentialing Act and other laws of this state relating to the person's practice under the credential and shall be subject to the jurisdiction of the appropriate board.
(7) This section applies to credentials for:
(a) Professions governed by the Advanced Practice Registered Nurse Practice Act, the Behavior Analyst Practice Act, the Certified Nurse Midwifery Practice Act, the Certified Registered Nurse Anesthetist Practice Act, the Clinical Nurse Specialist Practice Act, the Dentistry Practice Act, the Dialysis Patient Care Technician Registration Act, the Emergency Medical Services Practice Act, the Medical Nutrition Therapy Practice Act, the Medical Radiography Practice Act, the Nurse Practitioner Practice Act, the Optometry Practice Act, the Perfusion Practice Act, the Pharmacy Practice Act, the Psychology Practice Act, and the Surgical First Assistant Practice Act; and
(b) Physician assistants and acupuncturists credentialed pursuant to the Medicine and Surgery Practice Act.

Legislative History

Source: Laws 2021, LB390, § 3; Laws 2023, LB227, § 18. Cross References: Advanced Practice Registered Nurse Practice Act, see section 38-201. Behavior Analyst Practice Act, see section 38-4401. Certified Nurse Midwifery Practice Act, see section 38-601. Certified Registered Nurse Anesthetist Practice Act, see section 38-701. Clinical Nurse Specialist Practice Act, see section 38-901. Dentistry Practice Act, see section 38-1101. Dialysis Patient Care Technician Registration Act, see section 38-3701. Emergency Medical Services Practice Act, see section 38-1201. Medical Nutrition Therapy Practice Act, see section 38-1801. Medical Radiography Practice Act, see section 38-1901. Medicine and Surgery Practice Act, see section 38-2001. Nurse Practitioner Practice Act, see section 38-2301. Optometry Practice Act, see section 38-2601. Perfusion Practice Act, see section 38-2701. Pharmacy Practice Act, see section 38-2801. Psychology Practice Act, see section 38-3101. Surgical First Assistant Practice Act, see section 38-3501.