Text of NE LB 167 (2020)

LEGISLATURE OF NEBRASKA ONE HUNDRED SIXTH LEGISLATURE FIRST SESSION LEGISLATIVE BILL 167 Introduced by Hunt, 8; Pansing Brooks, 28. Read first time January 11, 2019 Committee: A BILL FOR AN ACT relating to the Uniform Credentialing Act; to amend 1 sections 38-178 and 38-2894, Reissue Revised Statutes of Nebraska, 2 and section 38-101, Revised Statutes Cumulative Supplement, 2018; to 3 provide for disciplinary action for providing conversion therapy as 4 prescribed; to prohibit the provision and advertising of conversion 5 therapy as prescribed; to define terms; to prohibit the use of funds 6 for conversion therapy as prescribed; to harmonize provisions; and 7 to repeal the original sections. 8 Be it enacted by the people of the State of Nebraska, 9 LB167 2019 LB167 2019 -1- Section 1. Section 38-101, Revised Statutes Cumulative Supplement, 1 2018, is amended to read: 2 38-101 Sections 38-101 to 38-1,142 and sections 3 and 4 of this act 3 and the following practice acts shall be known and may be cited as the 4 Uniform Credentialing Act: 5 (1) The Advanced Practice Registered Nurse Practice Act; 6 (2) The Alcohol and Drug Counseling Practice Act; 7 (3) The Athletic Training Practice Act; 8 (4) The Audiology and Speech-Language Pathology Practice Act; 9 (5) The Certified Nurse Midwifery Practice Act; 10 (6) The Certified Registered Nurse Anesthetist Practice Act; 11 (7) The Chiropractic Practice Act; 12 (8) The Clinical Nurse Specialist Practice Act; 13 (9) The Cosmetology, Electrology, Esthetics, Nail Technology, and 14 Body Art Practice Act; 15 (10) The Dentistry Practice Act; 16 (11) The Dialysis Patient Care Technician Registration Act; 17 (12) The Emergency Medical Services Practice Act; 18 (13) The Environmental Health Specialists Practice Act; 19 (14) The Funeral Directing and Embalming Practice Act; 20 (15) The Genetic Counseling Practice Act; 21 (16) The Hearing Instrument Specialists Practice Act; 22 (17) The Licensed Practical Nurse-Certified Practice Act until 23 November 1, 2017; 24 (18) The Massage Therapy Practice Act; 25 (19) The Medical Nutrition Therapy Practice Act; 26 (20) The Medical Radiography Practice Act; 27 (21) The Medicine and Surgery Practice Act; 28 (22) The Mental Health Practice Act; 29 (23) The Nurse Practice Act; 30 (24) The Nurse Practitioner Practice Act; 31 LB167 2019 LB167 2019 -2- (25) The Nursing Home Administrator Practice Act; 1 (26) The Occupational Therapy Practice Act; 2 (27) The Optometry Practice Act; 3 (28) The Perfusion Practice Act; 4 (29) The Pharmacy Practice Act; 5 (30) The Physical Therapy Practice Act; 6 (31) The Podiatry Practice Act; 7 (32) The Psychology Practice Act; 8 (33) The Respiratory Care Practice Act; 9 (34) The Surgical First Assistant Practice Act; 10 (35) The Veterinary Medicine and Surgery Practice Act; and 11 (36) The Water Well Standards and Contractors' Practice Act. 12 If there is any conflict between any provision of sections 38-101 to 13 38-1,142 and sections 3 and 4 of this act and any provision of a practice 14 act, the provision of the practice act shall prevail. 15 The Revisor of Statutes shall assign the Uniform Credentialing Act, 16 including the practice acts enumerated in subdivisions (1) through (35) 17 of this section, to articles within Chapter 38. 18 Sec. 2. Section 38-178, Reissue Revised Statutes of Nebraska, is 19 amended to read: 20 38-178 Except as otherwise provided in sections 38-1,119 to 21 38-1,123, a credential to practice a profession may be denied, refused 22 renewal, or have other disciplinary measures taken against it in 23 accordance with section 38-185 or 38-186 on any of the following grounds: 24 (1) Misrepresentation of material facts in procuring or attempting 25 to procure a credential; 26 (2) Immoral or dishonorable conduct evidencing unfitness to practice 27 the profession in this state; 28 (3) Abuse of, dependence on, or active addiction to alcohol, any 29 controlled substance, or any mind-altering substance; 30 (4) Failure to comply with a treatment program or an aftercare 31 LB167 2019 LB167 2019 -3- program, including, but not limited to, a program entered into under the 1 Licensee Assistance Program established pursuant to section 38-175; 2 (5) Conviction of (a) a misdemeanor or felony under Nebraska law or 3 federal law, or (b) a crime in any jurisdiction which, if committed 4 within this state, would have constituted a misdemeanor or felony under 5 Nebraska law and which has a rational connection with the fitness or 6 capacity of the applicant or credential holder to practice the 7 profession; 8 (6) Practice of the profession (a) fraudulently, (b) beyond its 9 authorized scope, (c) with gross incompetence or gross negligence, or (d) 10 in a pattern of incompetent or negligent conduct; 11 (7) Practice of the profession while the ability to practice is 12 impaired by alcohol, controlled substances, drugs, mind-altering 13 substances, physical disability, mental disability, or emotional 14 disability; 15 (8) Physical or mental incapacity to practice the profession as 16 evidenced by a legal judgment or a determination by other lawful means; 17 (9) Illness, deterioration, or disability that impairs the ability 18 to practice the profession; 19 (10) Permitting, aiding, or abetting the practice of a profession or 20 the performance of activities requiring a credential by a person not 21 credentialed to do so; 22 (11) Having had his or her credential denied, refused renewal, 23 limited, suspended, revoked, or disciplined in any manner similar to 24 section 38-196 by another state or jurisdiction based upon acts by the 25 applicant or credential holder similar to acts described in this section; 26 (12) Use of untruthful, deceptive, or misleading statements in 27 advertisements, including failure to comply with section 38-124; 28 (13) Conviction of fraudulent or misleading advertising or 29 conviction of a violation of the Uniform Deceptive Trade Practices Act; 30 (14) Distribution of intoxicating liquors, controlled substances, or 31 LB167 2019 LB167 2019 -4- drugs for any other than lawful purposes; 1 (15) Violations of the Uniform Credentialing Act or the rules and 2 regulations relating to the particular profession; 3 (16) Unlawful invasion of the field of practice of any profession 4 regulated by the Uniform Credentialing Act which the credential holder is 5 not credentialed to practice; 6 (17) Violation of the Uniform Controlled Substances Act or any rules 7 and regulations adopted pursuant to the act; 8 (18) Failure to file a report required by section 38-1,124, 9 38-1,125, or 71-552; 10 (19) Failure to maintain the requirements necessary to obtain a 11 credential; 12 (20) Violation of an order issued by the department; 13 (21) Violation of an assurance of compliance entered into under 14 section 38-1,108; 15 (22) Failure to pay an administrative penalty; 16 (23) Unprofessional conduct as defined in section 38-179; or 17 (24) Violation of the Automated Medication Systems Act; or . 18 (25) Providing or advertising conversion therapy in violation of 19 section 3 of this act. 20 Sec. 3. (1) A person holding a credential under the Uniform 21 Credentialing Act shall not provide conversion therapy to any individual 22 under eighteen years of age. 23 (2) It shall be unlawful for any person to: 24 (a) Provide conversion therapy to any individual if such person 25 receives monetary compensation in exchange for such services; or 26 (b) Advertise for the provision of conversion therapy if such 27 advertising: 28 (i) Proposes to change an individual's sexual orientation or gender 29 identity; 30 (ii) Proposes to eliminate or reduce sexual or romantic attractions 31 LB167 2019 LB167 2019 -5- or feelings toward individuals of the same gender; or 1 (iii) States that such efforts are harmless or without risk to 2 individuals receiving such therapy. 3 (3) A violation of subsection (2) of this section shall constitute a 4 deceptive trade practice under the Uniform Deceptive Trade Practices Act 5 and shall be subject to any remedies or penalties available for a 6 violation under the act. 7 (4) For purposes of this section: 8 (a)(i) Conversion therapy means practices or treatments that seek to 9 change an individual's sexual orientation or gender identity, including 10 efforts to change behaviors or gender expressions or to eliminate or 11 reduce sexual or romantic attractions or feelings toward individuals of 12 the same gender; and 13 (ii) Conversion therapy does not include: 14 (A) Counseling that provides support to an individual undergoing 15 gender transition; 16 (B) Counseling that provides acceptance, support, and understanding 17 of an individual or facilitates an individual's coping, social support, 18 and identity exploration and development, including sexual-orientation- 19 neutral interventions to prevent or address unlawful conduct or unsafe 20 sexual practices, as long as such counseling does not seek to change an 21 individual's sexual orientation or gender identity; 22 (b) Gender expression means an individual's gender-related 23 appearance and behavior, whether or not that appearance or behavior is 24 different from that traditionally or stereotypically associated with the 25 individual’s assigned sex at birth; and 26 (c) Gender identity means an individual's internal sense of their 27 own gender, regardless of the sex the individual was assigned at birth. 28 Sec. 4. (1) No state funds nor any funds belonging to a political 29 subdivision of this state shall be expended for the purpose of: 30 (a) Conducting conversion therapy; 31 LB167 2019 LB167 2019 -6- (b) Referring a person for conversion therapy; 1 (c) Health benefits coverage for conversion therapy; or 2 (d) Providing a grant to or contracting with any entity that 3 conducts conversion therapy or refers individuals for conversion therapy. 4 (2) For purposes of this section, conversion therapy has the same 5 meaning as in section 3 of this act. 6 Sec. 5. Section 38-2894, Reissue Revised Statutes of Nebraska, is 7 amended to read: 8 38-2894 (1) A registration to practice as a pharmacy technician may 9 be denied, refused renewal, removed, or suspended or have other 10 disciplinary measures taken against it by the department, with the 11 recommendation of the board, for failure to meet the requirements of or 12 for violation of any of the provisions of subdivisions (1) through (17) 13 and (19) through (25) (24) of section 38-178 and sections 38-2890 to 14 38-2897 or the rules and regulations adopted under such sections. 15 (2) If the department proposes to deny, refuse renewal of, or remove 16 or suspend a registration, it shall send the applicant or registrant a 17 notice setting forth the action to be taken and the reasons for the 18 determination. The denial, refusal to renew, removal, or suspension shall 19 become final thirty days after mailing the notice unless the applicant or 20 registrant gives written notice to the department of his or her desire 21 for an informal conference or for a formal hearing. 22 (3) Notice may be served by any method specified in section 23 25-505.01, or the department may permit substitute or constructive 24 service as provided in section 25-517.02 when service cannot be made with 25 reasonable diligence by any of the methods specified in section 26 25-505.01. 27 (4) Pharmacy technicians may participate in the Licensee Assistance 28 Program described in section 38-175. 29 Sec. 6. Original sections 38-178 and 38-2894, Reissue Revised 30 Statutes of Nebraska, and section 38-101, Revised Statutes Cumulative 31 LB167 2019 LB167 2019 -7- Supplement, 2018, are repealed. 1 LB167 2019 LB167 2019 -8-