§ 38-196 — Credential; disciplinary action; sanctions authorized

Nebraska § 38-196

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

Text

(1) Except as provided in subsection (2) of this section, upon the completion of any hearing held regarding discipline of a credential, the director may dismiss the action or impose any of the following sanctions:
(a) Censure;
(b) Probation;
(c) Limitation;
(d) Civil penalty;
(e) Suspension; or
(f) Revocation.
(2) Upon completion of any hearing regarding discipline of a credential for performing or inducing an unlawful abortion in violation of section 71-6915 , if the director determines that such violation occurred, the director shall impose a sanction of revocation in accordance with section 38-1,100 .

Legislative History

Source: Laws 1927, c. 167, § 54, p. 468; C.S.1929, § 71-609; Laws 1943, c. 150, § 13, p. 544; R.S.1943, § 71-155; Laws 1976, LB 877, § 3; Laws 1984, LB 481, § 20; Laws 1986, LB 286, § 52; Laws 1986, LB 579, § 44; Laws 1986, LB 926, § 28; Laws 1988, LB 1100, § 20; Laws 1991, LB 456, § 14; Laws 1994, LB 1210, § 33; Laws 1994, LB 1223, § 7; Laws 1996, LB 1044, § 384; Laws 1997, LB 23, § 6; Laws 1999, LB 828, § 43; R.S.1943, (2003), § 71-155; Laws 2007, LB296, § 307; Laws 2007, LB463, § 96; Laws 2023, LB574, § 11. Annotations: While a $10,000 fine imposed under this section may well serve a punitive purpose in certain cases, it will not be assumed in a vacuum that a potential fine not actually imposed could serve only primarily punitive purposes. State v. Wolf, 250 Neb. 352, 549 N.W.2d 183 (1996). The power of courts to review the action of a professional board of examiners in its refusal to recommend reinstatement of a revoked license is not decided, but if such power exists, it is limited to a determination based on whether or not the board's action was arbitrary or capricious. Coil v. Department of Health, 189 Neb. 606, 204 N.W.2d 167 (1973). Summary equity proceeding for revocation of physician's license was sustained. State ex rel. Sorensen v. Lake, 121 Neb. 331, 236 N.W. 762 (1931). Under former law, proceedings before the state board were summary in nature and technical rules for trial were disregarded. Munk v. Frink, 81 Neb. 631, 116 N.W. 525 (1908), 17 L.R.A.N.S. 439 (1908).