§ 38-2116 — Mental health practitioner, independent mental health practitioner, defined; use of titles

(1)(a) Mental health practitioner means a person who holds himself or herself out as a person qualified to engage in mental health practice or a person who offers or renders mental health practice services.
(b) Independent mental health practitioner means a person who holds himself or herself out as a person qualified to engage in independent mental health practice or a person who offers or renders independent mental health practice services.
(2)(a) A person who (i) is licensed as a mental health practitioner and certified as a master social worker or (ii) holds a multistate authorization to practice in Nebraska under the Social Worker Licensure Compact under the relevant category, as designated by the board, may use the title licensed clinical social worker.
(b) A person who is licensed as a mental health practitioner and certified as a professional counselor may use the title licensed professional counselor.
(c) A person who is licensed as a mental health practitioner and certified as a marriage and family therapist may use the title licensed marriage and family therapist.
(d) A person who is licensed as a mental health practitioner and certified as an art therapist may use the title licensed art therapist.
(e) No person shall use the title licensed clinical social worker, licensed professional counselor, licensed marriage and family therapist, or licensed art therapist unless such person is licensed and certified or holds a multistate authorization to practice as provided in this subsection.
(3)(a) A person who (i) is licensed as an independent mental health practitioner and certified as a master social worker or (ii) holds a multistate authorization to practice in Nebraska under the Social Worker Licensure Compact under the relevant category, as designated by the board, may use the title licensed independent clinical social worker.
(b) A person who is licensed as an independent mental health practitioner and certified as a professional counselor or who holds a privilege to practice in Nebraska as a professional counselor under the Licensed Professional Counselors Interstate Compact may use the title licensed independent professional counselor.
(c) A person who is licensed as an independent mental health practitioner and certified as a marriage and family therapist may use the title licensed independent marriage and family therapist.
(d) A person who is licensed as an independent mental health practitioner and certified as an art therapist may use the title licensed independent art therapist.
(e) No person shall use the title licensed independent clinical social worker, licensed independent professional counselor, licensed independent marriage and family therapist, or licensed independent art therapist unless such person is licensed and certified or holds a privilege or multistate authorization as provided in this subsection.
(4) A mental health practitioner shall not represent himself or herself as a physician or psychologist and shall not represent his or her services as being medical or psychological in nature. An independent mental health practitioner shall not represent himself or herself as a physician or psychologist.

Legislative History

Source: Laws 1993, LB 669, § 27; R.S.1943, (2003), § 71-1,308; Laws 2007, LB247, § 41; Laws 2007, LB463, § 734; Laws 2008, LB1108, § 3; Laws 2022, LB752, § 13; Laws 2024, LB605, § 9; Laws 2024, LB932, § 6. Cross References: Licensed Professional Counselors Interstate Compact, see section 38-4201. Social Worker Licensure Compact, see section 38-4501.