Nebraska Revised Statutes

Neb. Rev. Stat. § 38-178 (2026)

Disciplinary actions; grounds

✓ current as of July 2026
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Except as otherwise provided in sections 38-1,119 to 38-1,123, a credential to practice a profession may be issued subject to discipline, denied, refused renewal, or have other disciplinary measures taken against it in accordance with section 38-183, 38-185, or 38-186 on any of the following grounds:

(1) Misrepresentation of material facts in procuring or attempting to procure a credential;

(2) Immoral or dishonorable conduct evidencing unfitness to practice the profession in this state;

(3) Abuse of, dependence on, or active addiction to alcohol, any controlled substance, or any mind-altering substance;

(4) Failure to comply with a treatment program or an aftercare program, including, but not limited to, a program entered into under the Licensee Assistance Program established pursuant to section 38-175;

(5) Conviction of (a) a misdemeanor or felony under Nebraska law or federal law, or (b) a crime in any jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony under Nebraska law and which has a rational connection with the fitness or capacity of the applicant or credential holder to practice the profession;

(6) Practice of the profession (a) fraudulently, (b) beyond its authorized scope, (c) with gross incompetence or gross negligence, or (d) in a pattern of incompetent or negligent conduct;

(7) Practice of the profession while the ability to practice is impaired by alcohol, controlled substances, drugs, mind-altering substances, physical disability, mental disability, or emotional disability;

(8) Physical or mental incapacity to practice the profession as evidenced by a legal judgment or a determination by other lawful means;

(9) Illness, deterioration, or disability that impairs the ability to practice the profession;

(10) Permitting, aiding, or abetting the practice of a profession or the performance of activities requiring a credential by a person not credentialed to do so;

(11) Performing or offering to perform scleral tattooing as defined in section 38-10,172 by a person not credentialed to do so;

(12) Having had his or her credential denied, refused renewal, limited, suspended, revoked, or disciplined in any manner similar to section 38-196 by another state or jurisdiction based upon acts by the applicant or credential holder similar to acts described in this section;

(13) Use of untruthful, deceptive, or misleading statements in advertisements, including failure to comply with section 38-124;

(14) Conviction of fraudulent or misleading advertising or conviction of a violation of the Uniform Deceptive Trade Practices Act;

(15) Distribution of intoxicating liquors, controlled substances, or drugs for any other than lawful purposes;

(16) Violations of the Uniform Credentialing Act or the rules and regulations relating to the particular profession;

(17) Unlawful invasion of the field of practice of any profession regulated by the Uniform Credentialing Act which the credential holder is not credentialed to practice;

(18) Violation of the Uniform Controlled Substances Act or any rules and regulations adopted pursuant to the act;

(19) Failure to file a report required by section 38-1,124, 38-1,125, or 71-552;

(20) Failure to maintain the requirements necessary to obtain a credential;

(21) Violation of an order issued by the department;

(22) Violation of an assurance of compliance entered into under section 38-1,108;

(23) Failure to pay an administrative penalty;

(24) Unprofessional conduct as defined in section 38-179;

(25) Violation of the Automated Medication Systems Act;

(26) Failure to comply with section 38-1,147; or

(27) Violation of the Preborn Child Protection Act.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2014–2021 · leading case: Yagodinski v. Sutton, 309 Neb. 179 (Neb. 2021).
Yagodinski v. Sutton, 309 Neb. 179 (Neb. 2021). “, §§ 38-178(6)(b) and 38-179. See, also, 172 Neb.”
Whittle v. State, 309 Neb. 695 (Neb. 2021). · cites it 4× “Procedural Background The “Petition for Disciplinary Action” filed by the State against Whittle on July 3, 2017, set forth two causes of action for discipline relevant to this appeal: (1) the practice of the profession in a pattern of negligent conduct, in violation of Neb. Rev.…”
McDougle v. State ex rel. Bruning, 289 Neb. 19 (Neb. 2014). “Subsections (2) and (23) of § 38-178 state that a professional licensee may be disciplined for dishonorable conduct evidenc- ing unfitness to meet the standards of practice of the profession or for unprofessional conduct.”
— Neb. Rev. Stat. § 38-178(23) — 1 case
Whittle v. State, 309 Neb. 695 (Neb. 2021). “Procedural Background The “Petition for Disciplinary Action” filed by the State against Whittle on July 3, 2017, set forth two causes of action for discipline relevant to this appeal: (1) the practice of the profession in a pattern of negligent conduct, in violation of Neb. Rev.…”
— Neb. Rev. Stat. § 38-178(6)(b) — 1 case
Yagodinski v. Sutton, 309 Neb. 179 (Neb. 2021). “, §§ 38-178(6)(b) and 38-179. See, also, 172 Neb.”
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