Nebraska Revised Statutes

Neb. Rev. Stat. § 38-121 (2026)

Practices; credential required

✓ current as of July 2026
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(1) No individual shall engage in the following practices unless such individual has obtained a credential under the Uniform Credentialing Act:

(a) Acupuncture;

(b) Advanced practice nursing;

(c) Alcohol and drug counseling;

(d) Asbestos abatement, inspection, project design, and training;

(e) Athletic training;

(f) Audiology;

(g) Speech-language pathology;

(h) Beginning one year after September 2, 2023, behavior analysis;

(i) Body art;

(j) Chiropractic;

(k) Cosmetology;

(l) Dentistry;

(m) Dental hygiene;

(n) Electrology;

(o) Emergency medical services;

(p) Esthetics;

(q) Funeral directing and embalming;

(r) Genetic counseling;

(s) Hearing instrument dispensing and fitting;

(t) Lead-based paint abatement, inspection, project design, and training;

(u) Licensed practical nurse-certified until November 1, 2017;

(v) Massage therapy;

(w) Medical nutrition therapy;

(x) Medical radiography;

(y) Medicine and surgery;

(z) Mental health practice;

(aa) Nail technology;

(bb) Nursing;

(cc) Nursing home administration;

(dd) Occupational therapy;

(ee) Optometry;

(ff) Osteopathy;

(gg) Perfusion;

(hh) Pharmacy;

(ii) Physical therapy;

(jj) Podiatry;

(kk) Psychology;

(ll) Radon detection, measurement, and mitigation;

(mm) Respiratory care;

(nn) Surgical assisting; and

(oo) Veterinary medicine and surgery.

(2) No individual shall hold himself or herself out as any of the following until such individual has obtained a credential under the Uniform Credentialing Act for that purpose:

(a) Registered environmental health specialist;

(b) Certified marriage and family therapist;

(c) Certified professional counselor;

(d) Certified art therapist;

(e) Social worker; or

(f) Dialysis patient care technician.

(3) No business shall operate for the provision of any of the following services unless such business has obtained a credential under the Uniform Credentialing Act:

(a) Body art;

(b) Cosmetology;

(c) Emergency medical services;

(d) Esthetics;

(e) Funeral directing and embalming;

(f) Massage therapy; or

(g) Nail technology.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2010–2024 · leading case: State v. Jones, 317 Neb. 559 (Neb. 2024).
State v. Jones, 317 Neb. 559 (Neb. 2024). · cites it 21× “In addition, Jones argued that § 38-121 was unconstitutionally overbroad and vague; infringed on her rights to due process and free- dom of religion, association, and assembly; and violated the Commerce Clause of the U.”
Planned Parenthood of Heartland v. Heineman, 724 F. Supp. 2d 1025 (D. Neb. 2010). · cites it 2× “(Neb.Rev.Stat. § 38-121.) The Act creates the Boards of Nursing and Advanced Practice Registered Nurses (Neb.”
Yagodinski v. Sutton, 309 Neb. 179 (Neb. 2021). “22 See, generally, § 38-121(1). 23 See §§ 38-101(7) and 38-121(1)(i).”
Neb. Rev. Stat. § 38-121(1): 2 cases
State v. Jones, 317 Neb. 559 (Neb. 2024). “In addition, Jones argued that § 38-121 was unconstitutionally overbroad and vague; infringed on her rights to due process and free- dom of religion, association, and assembly; and violated the Commerce Clause of the U.”
Yagodinski v. Sutton, 309 Neb. 179 (Neb. 2021). “22 See, generally, § 38-121(1). 23 See §§ 38-101(7) and 38-121(1)(i).”
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