Text of NE LB 231 (2022)

LEGISLATURE OF NEBRASKA ONE HUNDRED SEVENTH LEGISLATURE FIRST SESSION LEGISLATIVE BILL 231 Introduced by Hunt, 8; Cavanaugh, J., 9; Hansen, M., 26. Read first time January 11, 2021 Committee: A BILL FOR AN ACT relating to conversion therapy; to amend sections 1 38-101, 38-178, and 38-2894, Revised Statutes Cumulative Supplement, 2 2020; to prohibit conversion therapy and provide for disciplinary 3 sanctions under the Uniform Credentialing Act as prescribed; to 4 provide for a deceptive trade practice; to define terms; to prohibit 5 the use of funds for conversion therapy as prescribed; to eliminate 6 a duty of the Revisor of Statutes; to harmonize provisions; and to 7 repeal the original sections. 8 Be it enacted by the people of the State of Nebraska, 9 LB231 2021 LB231 2021 -1- Section 1. Section 38-101, Revised Statutes Cumulative Supplement, 1 2020, is amended to read: 2 38-101 Sections 38-101 to 38-1,145 and section 3 of this act and the 3 following practice acts shall be known and may be cited as the Uniform 4 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 LB231 2021 LB231 2021 -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 38-1,145 and section 3 of this act and any provision of a practice act, 14 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, Revised Statutes Cumulative Supplement, 19 2020, is 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 LB231 2021 LB231 2021 -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) Performing or offering to perform scleral tattooing as defined 23 in section 38-10,172 by a person not credentialed to do so; 24 (12) Having had his or her credential denied, refused renewal, 25 limited, suspended, revoked, or disciplined in any manner similar to 26 section 38-196 by another state or jurisdiction based upon acts by the 27 applicant or credential holder similar to acts described in this section; 28 (13) Use of untruthful, deceptive, or misleading statements in 29 advertisements, including failure to comply with section 38-124; 30 (14) Conviction of fraudulent or misleading advertising or 31 LB231 2021 LB231 2021 -4- conviction of a violation of the Uniform Deceptive Trade Practices Act; 1 (15) Distribution of intoxicating liquors, controlled substances, or 2 drugs for any other than lawful purposes; 3 (16) Violations of the Uniform Credentialing Act or the rules and 4 regulations relating to the particular profession; 5 (17) Unlawful invasion of the field of practice of any profession 6 regulated by the Uniform Credentialing Act which the credential holder is 7 not credentialed to practice; 8 (18) Violation of the Uniform Controlled Substances Act or any rules 9 and regulations adopted pursuant to the act; 10 (19) Failure to file a report required by section 38-1,124, 11 38-1,125, or 71-552; 12 (20) Failure to maintain the requirements necessary to obtain a 13 credential; 14 (21) Violation of an order issued by the department; 15 (22) Violation of an assurance of compliance entered into under 16 section 38-1,108; 17 (23) Failure to pay an administrative penalty; 18 (24) Unprofessional conduct as defined in section 38-179; or 19 (25) Violation of the Automated Medication Systems Act; or . 20 (26) Providing conversion therapy in violation of section 3 of this 21 act. 22 Sec. 3. (1) Except as provided in subsection (3) of this section, a 23 person holding a credential under the Medicine and Surgery Practice Act, 24 the Mental Health Practice Act, the Nurse Practice Act, the Pharmacy 25 Practice Act, or the Psychology Practice Act shall not provide conversion 26 therapy to any individual under nineteen years of age. 27 (2) A violation of subsection (1) of this section shall constitute a 28 deceptive trade practice under the Uniform Deceptive Trade Practices Act 29 and shall be subject to any remedies or penalties available for a 30 violation of such act. 31 LB231 2021 LB231 2021 -5- (3) This section does not apply to a practice or treatment conducted 1 by a clergy member or religious counselor who is acting in a pastoral or 2 religious capacity and not in the capacity of a health care professional. 3 (4) For purposes of this section: 4 (a)(i) Conversion therapy means a practice or treatment that seeks 5 to change an individual's sexual orientation or gender identity, 6 including efforts to change behaviors or gender expressions or to 7 eliminate or reduce sexual or romantic attractions or feelings toward 8 individuals of the same gender; and 9 (ii) Conversion therapy does not mean a practice or treatment that 10 does not seek to change an individual's sexual orientation or gender 11 identity and that: 12 (A) Is neutral with respect to sexual orientation and gender 13 identity; 14 (B) Provides assistance to a patient or client undergoing gender 15 transition; 16 (C) Provides acceptance, support, and understanding to a patient or 17 client; 18 (D) Facilitates a patient's or client's ability to cope, develop 19 social support, and explore or understand the patient or client; or 20 (E) Addresses unlawful or unsafe sexual activities in a manner that 21 is neutral with respect to sexual orientation and gender identity; and 22 (b) Gender identity means an individual's internal sense of the 23 individual's own gender, regardless of the sex the individual was 24 assigned at birth. 25 Sec. 4. (1) No state funds nor any funds belonging to a political 26 subdivision of this state shall be expended for the purpose of: 27 (a) Conducting conversion therapy; 28 (b) Referring a person for conversion therapy; or 29 (c) Providing health benefits coverage for conversion therapy. 30 (2) For purposes of this section, conversion therapy has the same 31 LB231 2021 LB231 2021 -6- meaning as in section 3 of this act. 1 Sec. 5. Section 38-2894, Revised Statutes Cumulative Supplement, 2 2020, is amended to read: 3 38-2894 (1) A registration to practice as a pharmacy technician may 4 be denied, refused renewal, removed, or suspended or have other 5 disciplinary measures taken against it by the department, with the 6 recommendation of the board, for failure to meet the requirements of or 7 for violation of any of the provisions of subdivisions (1) through (18) 8 and (20) through (26) (25) of section 38-178 and sections 38-2890 to 9 38-2897 or the rules and regulations adopted under such sections. 10 (2) If the department proposes to deny, refuse renewal of, or remove 11 or suspend a registration, it shall send the applicant or registrant a 12 notice setting forth the action to be taken and the reasons for the 13 determination. The denial, refusal to renew, removal, or suspension shall 14 become final thirty days after mailing the notice unless the applicant or 15 registrant gives written notice to the department of his or her desire 16 for an informal conference or for a formal hearing. 17 (3) Notice may be served by any method specified in section 18 25-505.01, or the department may permit substitute or constructive 19 service as provided in section 25-517.02 when service cannot be made with 20 reasonable diligence by any of the methods specified in section 21 25-505.01. 22 (4) Pharmacy technicians may participate in the Licensee Assistance 23 Program described in section 38-175. 24 Sec. 6. Original sections 38-101, 38-178, and 38-2894, Revised 25 Statutes Cumulative Supplement, 2020, are repealed. 26 LB231 2021 LB231 2021 -7-