2006 Nebraska Revised Statutes - § 71-161.13 — Complaint alleging dependence or disability; director; investigation; report; review by professional board; finding; effect.

Section 71-161.13
Complaint alleging dependence or disability; director; investigation; report; review by professional board; finding; effect.

When any complaint has been filed with the department by any person or any report has been made to the Director of Regulation and Licensure by the Licensee Assistance Program under section 71-172.01 alleging that an applicant for a credential or a person credentialed to practice any profession or occupation in the state regulated by the department pursuant to Chapter 71 is suffering from habitual intoxication or dependence, physical or mental illness, or physical or mental deterioration or disability, the Director of Regulation and Licensure shall investigate such complaint to determine if any reasonable cause exists to question the qualification of the applicant or credentialed person to practice or to continue to practice such profession or occupation. If the director on the basis of such investigation or, in the absence of such complaint, upon the basis of his or her own independent knowledge finds that reasonable cause exists to question the qualification of the applicant or credentialed person to practice such profession or occupation because of habitual intoxication or dependence, physical or mental illness, or physical or mental deterioration or disability, the director shall report such finding and evidence supporting it to the appropriate professional board and if such board agrees that reasonable cause exists to question the qualification of such applicant or credentialed person, the board shall appoint a committee of three qualified physicians to examine the applicant or credentialed person and to report their findings and conclusions to the board. The board shall then consider the findings and the conclusions of the physicians and any other evidence or material which may be submitted to that board by the applicant or credentialed person, by the director, or by any other person and shall then determine if the applicant or credentialed person is qualified to practice or to continue to practice such profession or occupation in the State of Nebraska. If such board finds the applicant or credentialed person to be not qualified to practice or to continue to practice such profession or occupation because of habitual intoxication or dependence, physical or mental illness, or physical or mental deterioration or disability, the board shall so certify that fact to the director with a recommendation for the denial, refusal of renewal, limitation, suspension, or revocation of such credential. The director shall thereupon deny, refuse renewal of, suspend, or revoke the credential or limit the credential of the credentialed person to practice such profession or occupation in the state in such manner and to such extent as the director determines to be necessary for the protection of the public.

Source:

Laws 1976, LB 877, § 18

Laws 1986, LB 286, § 65

Laws 1986, LB 579, § 57

Laws 1991, LB 456, § 20

Laws 1996, LB 1044, § 393

Laws 1999, LB 828, § 49

Laws 2001, LB 398, § 23

~Reissue Revised Statutes of Nebraska