Text of NE LB 367 (2026)

LEGISLATURE OF NEBRASKA ONE HUNDRED NINTH LEGISLATURE FIRST SESSION LEGISLATIVE BILL 367 Introduced by Hunt, 8. Read first time January 16, 2025 Committee: A BILL FOR AN ACT relating to public health and welfare; to amend 1 sections 38-101, 38-178, and 38-2894, Revised Statutes Cumulative 2 Supplement, 2024; to prohibit conversion therapy; to provide for 3 disciplinary sanctions under the Uniform Credentialing Act; to 4 provide for a deceptive trade practice; to define terms; to prohibit 5 the use of funds for conversion therapy; to harmonize provisions; 6 and to repeal the original sections. 7 Be it enacted by the people of the State of Nebraska, 8 LB367 2025 LB367 2025 -1- Section 1. Section 38-101, Revised Statutes Cumulative Supplement, 1 2024, is amended to read: 2 38-101 Sections 38-101 to 38-1,148 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 Behavior Analyst Practice Act; 10 (6) The Certified Nurse Midwifery Practice Act; 11 (7) The Certified Registered Nurse Anesthetist Practice Act; 12 (8) The Chiropractic Practice Act; 13 (9) The Clinical Nurse Specialist Practice Act; 14 (10) The Cosmetology, Electrology, Esthetics, Nail Technology, and 15 Body Art Practice Act; 16 (11) The Dentistry Practice Act; 17 (12) The Dialysis Patient Care Technician Registration Act; 18 (13) The Emergency Medical Services Practice Act; 19 (14) The Environmental Health Specialists Practice Act; 20 (15) The Funeral Directing and Embalming Practice Act; 21 (16) The Genetic Counseling Practice Act; 22 (17) The Hearing Instrument Specialists Practice Act; 23 (18) The Licensed Practical Nurse-Certified Practice Act until 24 November 1, 2017; 25 (19) The Massage Therapy Practice Act; 26 (20) The Medical Nutrition Therapy Practice Act; 27 (21) The Medical Radiography Practice Act; 28 (22) The Medicine and Surgery Practice Act; 29 (23) The Mental Health Practice Act; 30 (24) The Nurse Practice Act; 31 LB367 2025 LB367 2025 -2- (25) The Nurse Practitioner Practice Act; 1 (26) The Nursing Home Administrator Practice Act; 2 (27) The Occupational Therapy Practice Act; 3 (28) The Optometry Practice Act; 4 (29) The Perfusion Practice Act; 5 (30) The Pharmacy Practice Act; 6 (31) The Physical Therapy Practice Act; 7 (32) The Podiatry Practice Act; 8 (33) The Psychology Practice Act; 9 (34) The Respiratory Care Practice Act; 10 (35) The Surgical First Assistant Practice Act; and 11 (36) The Veterinary Medicine and Surgery Practice Act. 12 If there is any conflict between any provision of sections 38-101 to 13 38-1,148 and section 3 of this act and any provision of a practice act, 14 the provision of the practice act shall prevail except as otherwise 15 specifically provided in section 38-129.02. 16 Sec. 2. Section 38-178, Revised Statutes Cumulative Supplement, 17 2024, is amended to read: 18 38-178 Except as otherwise provided in sections 38-1,119 to 19 38-1,123, a credential to practice a profession may be issued subject to 20 discipline, denied, refused renewal, or have other disciplinary measures 21 taken against it in accordance with section 38-183, 38-185, or 38-186 on 22 any of the following grounds: 23 (1) Misrepresentation of material facts in procuring or attempting 24 to procure a credential; 25 (2) Immoral or dishonorable conduct evidencing unfitness to practice 26 the profession in this state; 27 (3) Abuse of, dependence on, or active addiction to alcohol, any 28 controlled substance, or any mind-altering substance; 29 (4) Failure to comply with a treatment program or an aftercare 30 program, including, but not limited to, a program entered into under the 31 LB367 2025 LB367 2025 -3- Licensee Assistance Program established pursuant to section 38-175; 1 (5) Conviction of (a) a misdemeanor or felony under Nebraska law or 2 federal law, or (b) a crime in any jurisdiction which, if committed 3 within this state, would have constituted a misdemeanor or felony under 4 Nebraska law and which has a rational connection with the fitness or 5 capacity of the applicant or credential holder to practice the 6 profession; 7 (6) Practice of the profession (a) fraudulently, (b) beyond its 8 authorized scope, (c) with gross incompetence or gross negligence, or (d) 9 in a pattern of incompetent or negligent conduct; 10 (7) Practice of the profession while the ability to practice is 11 impaired by alcohol, controlled substances, drugs, mind-altering 12 substances, physical disability, mental disability, or emotional 13 disability; 14 (8) Physical or mental incapacity to practice the profession as 15 evidenced by a legal judgment or a determination by other lawful means; 16 (9) Illness, deterioration, or disability that impairs the ability 17 to practice the profession; 18 (10) Permitting, aiding, or abetting the practice of a profession or 19 the performance of activities requiring a credential by a person not 20 credentialed to do so; 21 (11) Performing or offering to perform scleral tattooing as defined 22 in section 38-10,172 by a person not credentialed to do so; 23 (12) Having had his or her credential denied, refused renewal, 24 limited, suspended, revoked, or disciplined in any manner similar to 25 section 38-196 by another state or jurisdiction based upon acts by the 26 applicant or credential holder similar to acts described in this section; 27 (13) Use of untruthful, deceptive, or misleading statements in 28 advertisements, including failure to comply with section 38-124; 29 (14) Conviction of fraudulent or misleading advertising or 30 conviction of a violation of the Uniform Deceptive Trade Practices Act; 31 LB367 2025 LB367 2025 -4- (15) Distribution of intoxicating liquors, controlled substances, or 1 drugs for any other than lawful purposes; 2 (16) Violations of the Uniform Credentialing Act or the rules and 3 regulations relating to the particular profession; 4 (17) Unlawful invasion of the field of practice of any profession 5 regulated by the Uniform Credentialing Act which the credential holder is 6 not credentialed to practice; 7 (18) Violation of the Uniform Controlled Substances Act or any rules 8 and regulations adopted pursuant to the act; 9 (19) Failure to file a report required by section 38-1,124, 10 38-1,125, or 71-552; 11 (20) Failure to maintain the requirements necessary to obtain a 12 credential; 13 (21) Violation of an order issued by the department; 14 (22) Violation of an assurance of compliance entered into under 15 section 38-1,108; 16 (23) Failure to pay an administrative penalty; 17 (24) Unprofessional conduct as defined in section 38-179; 18 (25) Violation of the Automated Medication Systems Act; 19 (26) Failure to comply with section 38-1,147; or 20 (27) Violation of the Preborn Child Protection Act; or . 21 (28) Providing conversion therapy, gender identity conversion 22 therapy, or sexual orientation conversion therapy in violation of section 23 3 of this act. 24 Sec. 3. (1) Except as provided in subsection (4) of this section, a 25 person holding a credential under the Medicine and Surgery Practice Act, 26 the Mental Health Practice Act, the Nurse Practice Act, the Pharmacy 27 Practice Act, or the Psychology Practice Act shall not provide conversion 28 therapy, gender identity conversion therapy, or sexual orientation 29 conversion therapy to any individual under nineteen years of age. 30 (2) For purposes of this section: 31 LB367 2025 LB367 2025 -5- (a)(i) Conversion therapy means a practice that seeks to change an 1 individual's sexual orientation or gender identity; and 2 (ii) Conversion therapy does not mean a practice that does not seek 3 to change an individual's sexual orientation or gender identity and that: 4 (A) Is neutral with respect to sexual orientation and gender 5 identity; 6 (B) Provides assistance to a patient or client undergoing gender 7 transition; 8 (C) Provides acceptance, support, and understanding to a patient or 9 client; 10 (D) Facilitates a patient's or client's ability to cope, develop 11 social support, and explore or understand the patient or client; or 12 (E) Addresses unlawful or unsafe sexual activities in a manner that 13 is neutral with respect to sexual orientation and gender identity; 14 (b) Gender identity conversion therapy means any psychotherapy, 15 counseling, or treatment, the goal of which is to alter the gender- 16 related identity of an individual so that such individual's gender 17 identity, appearance, expression, or behavior is eliminated, reduced, or 18 redirected to the individual's assigned sex at birth; and 19 (c) Sexual orientation conversion therapy means any psychotherapy, 20 counseling, or treatment, the goal of which is to alter the sexual or 21 romantic attraction, desire, or behavior of an individual toward other 22 individuals of the same sex so that the attraction and behavior of such 23 individual is eliminated, reduced, or redirected toward individuals of 24 the opposite sex. 25 (3) A violation of subsection (1) of this section shall constitute a 26 deceptive trade practice under the Uniform Deceptive Trade Practices Act 27 and shall be subject to any remedies or penalties available for a 28 violation of such act. 29 (4) This section does not apply to a practice or treatment conducted 30 by a clergy member or religious counselor who is acting in a pastoral or 31 LB367 2025 LB367 2025 -6- religious capacity and not in the capacity of a health care professional. 1 (5) No state funds or funds belonging to a political subdivision of 2 this state shall be expended for the purpose of: 3 (a) Conducting conversion therapy, gender identity conversion 4 therapy, or sexual orientation conversion therapy; 5 (b) Referring an individual for conversion therapy, gender identity 6 conversion therapy, or sexual orientation conversion therapy; or 7 (c) Providing health benefits coverage for conversion therapy, 8 gender identity conversion therapy, or sexual orientation conversion 9 therapy. 10 Sec. 4. Section 38-2894, Revised Statutes Cumulative Supplement, 11 2024, is amended to read: 12 38-2894 (1) A registration to practice as a pharmacy technician may 13 be denied, refused renewal, removed, or suspended or have other 14 disciplinary measures taken against it by the department, with the 15 recommendation of the board, for failure to meet the requirements of or 16 for violation of any of the provisions of subdivisions (1) through (18) 17 and (20) through (28) (27) of section 38-178 and sections 38-2890 to 18 38-2897 or the rules and regulations adopted under such sections. 19 (2) If the department proposes to deny, refuse renewal of, or remove 20 or suspend a registration, it shall send the applicant or registrant a 21 notice setting forth the action to be taken and the reasons for the 22 determination. The denial, refusal to renew, removal, or suspension shall 23 become final thirty days after mailing the notice unless the applicant or 24 registrant gives written notice to the department of his or her desire 25 for an informal conference or for a formal hearing. 26 (3) Notice may be served by any method specified in section 27 25-505.01, or the department may permit substitute or constructive 28 service as provided in section 25-517.02 when service cannot be made with 29 reasonable diligence by any of the methods specified in section 30 25-505.01. 31 LB367 2025 LB367 2025 -7- (4) Pharmacy technicians may participate in the Licensee Assistance 1 Program described in section 38-175. 2 Sec. 5. Original sections 38-101, 38-178, and 38-2894, Revised 3 Statutes Cumulative Supplement, 2024, are repealed. 4 LB367 2025 LB367 2025 -8-