2006 Nebraska Revised Statutes - § 71-102 — Practices; license or certificate required.

Section 71-102
Practices; license or certificate required.

(1) No person shall engage in the practice of medicine and surgery, athletic training, respiratory care, osteopathic medicine, chiropractic, dentistry, dental hygiene, pharmacy, podiatry, optometry, massage therapy, physical therapy, audiology, speech-language pathology, embalming, funeral directing, psychology, veterinary medicine and surgery, medical nutrition therapy, acupuncture, mental health practice, or alcohol and drug counseling unless such person has obtained a license from the Department of Health and Human Services Regulation and Licensure for that purpose.

(2) No person shall hold himself or herself out as a certified social worker or certified master social worker unless such person has obtained a certificate from the department for that purpose.

(3) No person shall hold himself or herself out as a certified professional counselor unless such person has obtained a certificate from the department for such purpose.

(4) No person shall hold himself or herself out as a certified marriage and family therapist unless such person has obtained a certificate from the department for such purpose.

Source:

Laws 1927, c. 167, § 2, p. 455

C.S.1929, § 71-201

Laws 1935, c. 142, § 27, p. 529

C.S.Supp.,1941, § 71-201

R.S.1943, § 71-102

Laws 1957, c. 298, § 5, p. 1076

Laws 1961, c. 337, § 3, p. 1051

Laws 1971, LB 587, § 1

Laws 1978, LB 406, § 1

Laws 1980, LB 94, § 2

Laws 1984, LB 481, § 6

Laws 1985, LB 129, § 1

Laws 1986, LB 277, § 3

Laws 1986, LB 286, § 24

Laws 1986, LB 579, § 16

Laws 1986, LB 355, § 9

Laws 1988, LB 1100, § 5

Laws 1988, LB 557, § 13

Laws 1989, LB 342, § 4

Laws 1993, LB 669, § 3

Laws 1995, LB 406, § 11

Laws 1996, LB 1044, § 372

Laws 2001, LB 270, § 2

Laws 2004, LB 1083, § 104

Annotations:

The practice of operative surgery in its commonly accepted meaning requires a license to practice medicine and surgery. State ex rel. Johnson v. Wagner, 139 Neb. 471, 297 N.W. 906 (1941).

Former statute regulating the practice of medicine was not void as discriminatory because it did not provide for examination of all persons desiring to treat patients by drugless or other methods of healing. Carpenter v. State, 106 Neb. 742, 184 N.W. 941 (1921).

One who had no license to practice dentistry could not maintain an action in equity to enjoin the state board from interfering with such practice. Patterson v. Morehead, 100 Neb. 760, 161 N.W. 273 (1917).

A corporation cannot be licensed to practice medicine but licensed physicians may form a corporation and make contracts for services of members. State Electro-Medical Institute v. State, 74 Neb. 40, 103 N.W. 1078 (1905).

Under former statute, the practice of osteopathy without license as a physician was unlawful. Little v. State, 60 Neb. 749, 84 N.W. 248 (1900), 51 L.R.A. 717 (1900).

Statute requiring a license to practice the professions enumerated in this section does not contravene Article 3, section 14, of the Constitution of Nebraska providing that no bill shall contain more than one subject to be clearly expressed in the title. Peet Stock Remedy Co. v. McMullen, 32 F.2d 669 (8th Cir. 1929).

~Revised Statutes Cumulative Supplement, 2006