2006 Nebraska Revised Statutes - § 71-161.10 — Continuing competency requirements; documentation of compliance; noncompliance; effect; exemptions; rules and regulations.

Section 71-161.10
Continuing competency requirements; documentation of compliance; noncompliance; effect; exemptions; rules and regulations.

(1) Each credentialed person in active practice within the state shall, on or before the date of expiration of his or her credential, complete the requirements to document compliance with continuing competency requirements for his or her profession or occupation as specified by rules and regulations approved by the designated professional board and adopted and promulgated by the department pursuant to section 71-161.09. Except as otherwise provided in this section, the department shall not renew the credential of any person who has not complied with such requirements. Procedures for nonrenewal of the credential due to failure to document compliance with continuing competency requirements shall be identical to those for nonpayment of renewal fees as provided in sections 71-110 and 71-149, as well as procedures for reinstatement of the same. In cases other than nonrenewal, the procedures in sections 71-149 and 71-150 for refusal to renew shall apply. The department, on the recommendation of the designated professional board, may waive continuing competency requirements, in whole or in part, upon submission by a credentialed person of documentation that circumstances beyond his or her control have prevented completion of such requirements. Such circumstances shall include situations in which:

(a) The credentialed person holds a Nebraska credential but is not practicing his or her profession or occupation in Nebraska;

(b) The credentialed person has served in the regular armed forces of the United States during part of the credentialing period immediately preceding the renewal date;

(c) The credentialed person has suffered from a serious or disabling illness or physical disability during the credentialing period immediately preceding the renewal date which prevented completion of the continuing competency requirements; and

(d) The credentialed person was first credentialed within the credentialing period immediately preceding the renewal date.

The department, with the consent of the designated professional board, may adopt and promulgate rules and regulations not inconsistent with this section pertaining to waiver of continuing competency requirements.

(2) Each credentialed person shall be responsible for maintaining in his or her personal files such certificates or records of continuing competency activities received from approved providers.

The designated professional board may biennially select, in a random manner, a sample of the renewal applications for audit of continuing competency requirements. Each credentialed person selected for audit shall be required to produce documentation of the continuing competency activities listed on his or her renewal application.

Source:

Laws 1976, LB 877, § 15

Laws 1985, LB 250, § 5

Laws 1986, LB 286, § 63

Laws 1986, LB 579, § 55

Laws 1986, LB 926, § 34

Laws 1994, LB 1210, § 42

Laws 1997, LB 307, § 120

Laws 1999, LB 828, § 48

Laws 2001, LB 209, § 3

Laws 2002, LB 1021, § 13

~Reissue Revised Statutes of Nebraska