Nebraska § 38-2115 Mental health practice, defined; limitation on practice

Nebraska Statutes

§ 38-2115 — Mental health practice, defined; limitation on practice

Nebraska·Ch. 38 Health Occupations and Professions

(1)Mental health practice means the provision of treatment, assessment, psychotherapy, counseling, or equivalent activities to individuals, couples, families, or groups for behavioral, cognitive, social, mental, or emotional disorders, including interpersonal or personal situations.

(2)Mental health practice does not include:

(a)The practice of psychology or medicine;

(b)Prescribing drugs or electroconvulsive therapy;

(c)Treating physical disease, injury, or deformity;

(d)Diagnosing major mental illness or disorder except in consultation with a qualified physician, a psychologist licensed to engage in the practice of psychology in this state as provided in section 38-3111 or as provided in similar provisions of the Psychology Interjurisdictional Compact, a licensed independent ment

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(1) Mental health practice means the provision of treatment, assessment, psychotherapy, counseling, or equivalent activities to individuals, couples, families, or groups for behavioral, cognitive, social, mental, or emotional disorders, including interpersonal or personal situations.
(2) Mental health practice does not include:
(a) The practice of psychology or medicine;
(b) Prescribing drugs or electroconvulsive therapy;
(c) Treating physical disease, injury, or deformity;
(d) Diagnosing major mental illness or disorder except in consultation with a qualified physician, a psychologist licensed to engage in the practice of psychology in this state as provided in section 38-3111 or as provided in similar provisions of the Psychology Interjurisdictional Compact, a licensed independent mental health practitioner, or a professional counselor holding a privilege to practice in Nebraska under the Licensed Professional Counselors Interstate Compact;
(e) Measuring personality or intelligence for the purpose of diagnosis or treatment planning;
(f) Using psychotherapy with individuals suspected of having major mental or emotional disorders except in consultation with a qualified physician, a licensed psychologist, or a licensed independent mental health practitioner; or
(g) Using psychotherapy to treat the concomitants of organic illness except in consultation with a qualified physician or licensed psychologist.
(3) Mental health practice includes the initial assessment of organic mental or emotional disorders for the purpose of referral or consultation.
(4) Nothing in sections 38-2114 , 38-2118 , and 38-2119 shall be deemed to constitute authorization to engage in activities beyond those described in this section. Persons who are certified under the Mental Health Practice Act but who do not hold a license under section 38-2122 or a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact shall not engage in mental health practice.

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Legislative History

Source: Laws 1993, LB 669, § 26; Laws 1994, LB 1210, § 96; R.S.1943, (2003), § 71-1,307; Laws 2007, LB247, § 40; Laws 2007, LB463, § 733; Laws 2008, LB1108, § 2; Laws 2018, LB1034, § 34; Laws 2022, LB752, § 12. Cross References: Licensed Professional Counselors Interstate Compact, see section 38-4201. Psychology Interjurisdictional Compact, see section 38-3901.