For purposes of the Uniform Credentialing Act, and except as provided in section 38-2025 or as otherwise provided by law, the following classes of persons shall be deemed to be engaged in the practice of medicine and surgery:
(1) Persons who publicly profess to be physicians or surgeons or publicly profess to assume the duties incident to the practice of medicine, surgery, or any of their branches;
(2) Persons who prescribe and furnish medicine for some illness, disease, ailment, injury, pain, deformity, or any physical or mental condition, or treat the same by surgery;
(3) Persons holding themselves out to the public as being qualified in the diagnosis or treatment of diseases, ailments, pain, deformity, or any physical or mental condition, or injuries of human beings;
(4) Persons who suggest, recommend, or prescribe any form of treatment for the intended palliation, relief, or cure of any physical or mental ailment of any person;
(5) Persons who maintain an office for the examination or treatment of persons afflicted with ailments, diseases, injuries, pain, deformity, or any physical or mental condition of human beings;
(6) Persons who attach to their name the title of M.D., surgeon, physician, physician and surgeon, or any word or abbreviation and who indicate that they are engaged in the treatment or diagnosis of ailments, diseases, injuries, pain, deformity, infirmity, or any physical or mental condition of human beings; and
(7) Persons who are physically located in another state but who, through the use of any medium, including an electronic medium, perform for compensation any service which constitutes the healing arts that would affect the diagnosis or treatment of an individual located in this state.
Notes of Decisions
Cited in
2
cases (
2 in the last 5 years), 2021–2024 · leading case:
State v. Jones, 10 N.W.3d 747 (Neb. 2024).
State v. Jones, 10 N.W.3d 747 (Neb. 2024).
· cites it 2× “” 37 The Certified Nurse Midwifery Practice Act also prescribes that the “functions” of a certified nurse midwife may be performed (1) by an unlicensed person in an emergency, (2) by legally qualified persons from other states who are employed by the federal government and are…”
Yagodinski v. Sutton, 959 N.W.2d 541 (Neb. 2021).
· cites it 2× “34 The plain language of § 38-805(1)(a) authorizes chiropractors to use only certain diagnostic methods: “diagnostic X-ray, physical and clinical examination, and routine procedures including urine analysis.” The trial court determined the methods used by McClaren to diagnose…”
Neb. Rev. Stat. § 38-2024(2): 2 cases
State v. Jones, 10 N.W.3d 747 (Neb. 2024).
“” 37 The Certified Nurse Midwifery Practice Act also prescribes that the “functions” of a certified nurse midwife may be performed (1) by an unlicensed person in an emergency, (2) by legally qualified persons from other states who are employed by the federal government and are…”
Yagodinski v. Sutton, 959 N.W.2d 541 (Neb. 2021).
“34 The plain language of § 38-805(1)(a) authorizes chiropractors to use only certain diagnostic methods: “diagnostic X-ray, physical and clinical examination, and routine procedures including urine analysis.” The trial court determined the methods used by McClaren to diagnose…”
Neb. Rev. Stat. § 38-2024(3): 1 case
Yagodinski v. Sutton, 959 N.W.2d 541 (Neb. 2021).
“34 The plain language of § 38-805(1)(a) authorizes chiropractors to use only certain diagnostic methods: “diagnostic X-ray, physical and clinical examination, and routine procedures including urine analysis.” The trial court determined the methods used by McClaren to diagnose…”
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