§ 38-2024 — Practice of medicine and surgery, defined

Nebraska § 38-2024

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

Text

For purposes of the Uniform Credentialing Act, and except as provided in section 38-2025 or as otherwise provided by law, the following classes of persons shall be deemed to be engaged in the practice of medicine and surgery:
(1) Persons who publicly profess to be physicians or surgeons or publicly profess to assume the duties incident to the practice of medicine, surgery, or any of their branches;
(2) Persons who prescribe and furnish medicine for some illness, disease, ailment, injury, pain, deformity, or any physical or mental condition, or treat the same by surgery;
(3) Persons holding themselves out to the public as being qualified in the diagnosis or treatment of diseases, ailments, pain, deformity, or any physical or mental condition, or injuries of human beings;
(4) Persons who suggest, recommend, or prescribe any form of treatment for the intended palliation, relief, or cure of any physical or mental ailment of any person;
(5) Persons who maintain an office for the examination or treatment of persons afflicted with ailments, diseases, injuries, pain, deformity, or any physical or mental condition of human beings;
(6) Persons who attach to their name the title of M.D., surgeon, physician, physician and surgeon, or any word or abbreviation and who indicate that they are engaged in the treatment or diagnosis of ailments, diseases, injuries, pain, deformity, infirmity, or any physical or mental condition of human beings; and
(7) Persons who are physically located in another state but who, through the use of any medium, including an electronic medium, perform for compensation any service which constitutes the healing arts that would affect the diagnosis or treatment of an individual located in this state.

Legislative History

Source: Laws 1927, c. 167, § 100, p. 482; C.S.1929, § 71-1401; Laws 1943, c. 150, § 18, p. 546; R.S.1943, § 71-1,102; Laws 1969, c. 563, § 1, p. 2291; Laws 1997, LB 452, § 1; Laws 2006, LB 833, § 2; R.S.Supp.,2006, § 71-1,102; Laws 2007, LB463, § 682. Cross References: Alcoholic liquor, possession and use in practice, see section 53-168.06. Physician's lien for services, see section 52-401 et seq. Annotations: The plain and ordinary meaning of the term "condition" as used in subsections (2) and (3) of this section includes any "state of being" or "[s]tate of health." It is not limited to pathologies or abnormalities. State v. Jones, 317 Neb. 559, 10 N.W.3d 747 (2024). The term "condition" as used in subsections (2) and (3) of this section can be construed to encompass pregnancy and childbirth. State v. Jones, 317 Neb. 559, 10 N.W.3d 747 (2024). Person engaging in the practice of medicine and surgery without a license may be restrained by injunction. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941). An emergency exists when the exigency is of so pressing a character that action must be taken before the services of a regularly qualified medical practitioner can be readily procured. Williams v. State, 118 Neb. 281, 224 N.W. 286 (1929). Practice of naprapathy was within definition of practice of medicine of former statute and unlawful unless statutory license obtained. Carpenter v. State, 106 Neb. 742, 184 N.W. 941 (1921). Sale of patent medicines by itinerant vendor does not constitute practice of medicine. Watkins Medical Co. v. Hunt, 104 Neb. 266, 177 N.W. 462 (1920). Healing by manipulation and adjustment of nerves, bones, and tissues was practicing medicine, within the definition of former statute. Harvey v. State, 96 Neb. 786, 148 N.W. 924 (1914). A corporation of licensed physicians making contracts for the services of its members was not practicing medicine within the definition of former statute. State Electro-Medical Institute v. State, 74 Neb. 40, 103 N.W. 1078 (1905). Former statute defining the practice of medicine construed to include the practice of Christian Science healing. State v. Buswell, 40 Neb. 158, 58 N.W. 728 (1894), 24 L.R.A. 68 (1894).