NE LAW EXAM

Question 1

What is the intent of the Legislature through the Uniform Credentialing Act?:

Answer 1

regulation of persons and businesses providing health and health-related services and environmental services.

Question 2

The purposes of the Uniform Credentialing Act are

Answer 2

(1) to protect the public health, safety, and welfare by (a) providing for the credentialing of persons and businesses that provide health and health-related services and environmental services which are made subject to the act and (b) the development, establishment, and enforcement of standards for such services and (2) to provide for the efficient, adequate, and safe practice of such persons and businesses.

Question 3

Active addiction

Answer 3

current physical or psychological dependence on alcohol or a substance, which dependence develops following the use of alcohol or a substance on a periodic or continuing basis.

Question 4

Alcohol or substance abuse:

Answer 4

maladaptive pattern of alcohol or substance use leading to clinically significant impairment or distress as manifested by one or more of the following occurring at any time during the same twelve-month period, (1) Recurrent alcohol or substance use resulting in a failure to fulfill major role obligations at work, school, or home, (2) Recurrent alcohol or substance use in situations in which it is physically hazardous, (3) Recurrent legal problems related to alcohol or substance use, or (4) Continued alcohol or substance use despite having persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of the alcohol or substance use.

Question 5

Board means one of the boards appointed by:

Answer 5

the State Board of Health or appointed by the Governor pursuant to the Emergency Medical Services Practice Act. For professions for which there is no board established by statute, the duties normally carried out by a board are the responsibility of the department.

Question 6

Business means:

Answer 6

a person engaged in providing services listed in subsection (3) of section 38-121.

Question 7

Certificate means

Answer 7

an authorization issued by the department that gives a person the right to use a protected title that only a person who has met specific requirements may use.

Question 8

Consumer means

Answer 8

a person receiving health or health-related services or environmental services and includes a patient, client, resident, customer, or person with a similar designation.

Question 9

Course of study means

Answer 9

a program of instruction necessary to obtain a credential meeting the requirements set out for each profession in the appropriate practice act and rules and regulations and includes a college, a professional school, a vocational school, hours of training, or a program of instruction with a similar designation.

Question 10

Credential means

Answer 10

a license, certificate, or registration.

Question 11

Department means:

Answer 11

the Division of Public Health of the Department of Health and Human Services.

Question 12

Dependence means

Answer 12

a maladaptive pattern of alcohol or substance use, leading to clinically significant impairment or distress, as manifested by three or more of the following occurring at any time in the same twelve-month period, (1) Tolerance as defined by either of the following, (a) A need for markedly increased amounts of alcohol or the substance to achieve intoxication or desired effect, or (b) A markedly diminished effect with continued use of the same amount of alcohol or the substance, (2) Withdrawal as manifested by either of the following, (a) The characteristic withdrawal syndrome for alcohol or the substance as referred to in the Diagnostic and Statistical Manual of Mental Disorders — Fourth Edition, published by the American Psychiatric Association, or (b) Alcohol or the same substance or a closely related substance is taken to relieve or avoid withdrawal symptoms, (3) Alcohol or the substance is often taken in larger amounts or over a longer period than was intended, (4) A persistent desire or unsuccessful efforts to cut down or control alcohol or substance use, (5) A great deal of time is spent in activities necessary to obtain alcohol or the substance, to use alcohol or the substance, or to recover from the effects of use of alcohol or the substance, (6) Important social, occupational, or recreational activities are given up or reduced because of alcohol or substance use, or (7) Alcohol or substance use continues despite knowledge of having had a persistent or recurrent physical or psychological problem that was likely to have been caused or exacerbate by alcohol or the substance.

Question 13

Director means:

Answer 13

the Director of Public Health of the Division of Public Health or his or her designee

Question 14

Inactive credential means:

Answer 14

a credential which the credential holder has voluntarily placed on inactive status and by which action has terminated the right to practice or represent himself or herself as having an active credential.

Question 15

Low-income individual means

Answer 15

an individual enrolled in a state or federal public assistance program, including, but not limited to, the medical assistance program established pursuant to the Medical Assistance Act, the federal Supplemental Nutrition Assistance Program, or the federal Temporary Assistance for Needy Families program, or whose household adjusted gross income is below one hundred thirty percent of the federal income poverty guideline or a higher threshold to be set by the Licensure Unit of the Division of Public Health of the Department of Health and Human Services.

Question 16

Military families means

Answer 16

active duty service members in the armed services of the United States, military spouses, honorably discharged veterans of the armed services of the United States, spouses of such honorably discharged veterans, and unremarried surviving spouses of deceased service members of the armed services of the United States.

Question 17

License means:

Answer 17

an authorization issued by the department to an individual to engage in a profession or to a business to provide services which would otherwise be unlawful in this state in the absence of such authorization.

Question 18

Military spouse means:

Answer 18

the spouse of an active duty service member in the armed forces of the United States.

Question 19

Profession means:

Answer 19

any profession or occupation named in subsection (1) or (2) of section 38-121.

Question 20

Registry means:

Answer 20

a list of persons who offer a specified service or activity.

Question 21

Telehealth means:

Answer 21

the use of medical information electronically exchanged from one site to another, whether synchronously or asynchronously, to aid a credential holder in the diagnosis or treatment of a patient. Telehealth includes services originating from a patient’s home or any other location where such patient is located, asynchronous services involving the acquisition and storage of medical information at one site that is then forwarded to or retrieved by a credential holder at another site for medical evaluation, and telemonitoring.

Question 22

Telemonitoring means:

Answer 22

the remote monitoring of a patient’s vital signs, biometric data, or subjective data by a monitoring device which transmits such data electronically to a credential holder for analysis and storage.

Question 23

To protect the health, safety, and welfare of the public and to insure to the greatest extent possible the efficient, adequate, and safe practice of health services, health-related services, and environmental services The appropriate board may adopt rules and regulations to:

Answer 23

Specify minimum standards required for a credential, including education, experience, and eligibility for taking the credentialing examination, specify methods to meet the minimum standards through military service, specify standards and procedures for issuance of temporary credentials for military spouses, Designate credentialing examinations, specify the passing score on credentialing examinations, and specify standards, if any, for accepting examination results from other jurisdictions; Set continuing competency requirements, Set standards for waiver of continuing competency requirements, Set standards for courses of study; and Specify acts that constitute unprofessional conduct; and The department shall promulgate and enforce such rules and regulations; For professions or businesses that do not have a board created by statute: The department may adopt, promulgate, and enforce such rules and regulations; and The department shall carry out any statutory powers and duties of the board; The department, with the recommendation of the appropriate board, if any, may adopt, promulgate, and enforce rules and regulations for the respective profession, other than those specified in subdivision of this section, to carry out the Uniform Credentialing Act; and The department may adopt, promulgate, and enforce rules and regulations with general applicability to carry out the Uniform Credentialing Act.

Question 24

No individual shall be issued a credential under the Uniform Credentialing Act until he or she has:

Answer 24

furnished satisfactory evidence to the department that he or she is of good character and has attained the age of nineteen years except as otherwise specifically provided by statute, rule, or regulation.

Question 25

A credential may only be issued to:

Answer 25

a citizen of the United States, an alien lawfully admitted into the United States who is eligible for a credential under the Uniform Credentialing Act, a nonimmigrant lawfully present in the United States who is eligible for a credential under the Uniform Credentialing Act, or a person who submits an unexpired employment authorization document issued by the United States Department of Homeland Security, Form I-766, and documentation issued by the United States Department of Homeland Security, the United States Citizenship and Immigration Services, or any other federal agency, such as one of the types of Form I-797 used by the United States Citizenship and Immigration Services, demonstrating that such person is described in section 202(c)(2)(B)(i) through (x) of the federal REAL ID Act of 2005, Public Law 109-13. Such credential shall be valid only for the period of time during which such person’s employment authorization document is valid.

Question 26

A military spouse shall submit the following with his or her application for the applicable credential:

Answer 26

copy of his or her military dependent identification card which identifies him or her as the spouse of an active duty member of the United States Armed Forces; A copy of his or her spouse’s military orders reflecting an active-duty assignment in Nebraska; A copy of his or her credential from another jurisdiction and the applicable statutes, rules, and regulations governing the credential; and A copy of his or her fingerprints for a criminal background check if required under section 38-131.

Question 27

The purposes of continuing competency requirements are to ensure:

Answer 27

the maintenance by a credential holder of knowledge and skills necessary to competently practice his or her profession, the utilization of new techniques based on scientific and clinical advances, and the promotion of research to assure expansive and comprehensive services to the public.

Question 28

Variable costs of credentialing are:

Answer 28

the costs that are unique to a specific profession or business listed in section 38-121 and include the following (1) Per diems which are paid to members of the appropriate board; 27 (2) Operating costs that are specific to a particular profession or business, including publications, conference registrations, and subscriptions; (3) Costs for travel by members of the appropriate board and employees of the department related to a particular profession or business, including car rental, gas, and mileage charges but not salaries; (4) Costs to operate and administer the Nebraska Center for Nursing, which costs shall be derived from credentialing fees of registered and practical nurses in accordance with section 71-1798.01; and (5) Other reasonable and necessary costs as determined by the appropriate board or the department.

Question 29

Confidential information means:

Answer 29

information protected as privileged under applicable law

Question 30

Conviction means:

Answer 30

a plea or verdict of guilty or a conviction following a plea of nolo contendere or non vult contendere made to a formal criminal charge or a judicial finding of guilt irrespective of the pronouncement of judgment or the suspension thereof and includes instances in which the imposition or the execution of sentence is suspended following a judicial finding of guilt and the defendant is placed on probation

Question 31

Pattern of incompetent or negligent conduct means:

Answer 31

a continued course of incompetent or negligent conduct in performing the duties of the profession.

Question 32

unprofessional conduct means:

Answer 32

any departure from or failure to conform to the standards of acceptable and prevailing practice of a profession or the ethics of the profession, regardless of whether a person, consumer, or entity is injured, or conduct that is likely to deceive or defraud the public or is detrimental to the public interest, including, but not limited to: (1) Receipt of fees on the assurance that an incurable disease can be permanently cured; (2) Division of fees, or agreeing to split or divide the fees, received for professional services with any person for bringing or referring a consumer other than (a) with a partner or employee of the applicant or credential holder or his or her office or clinic, (b) with a landlord of the applicant or credential holder pursuant to a written agreement that provides for payment of rent based on gross receipts, or (c) with a former partner or employee of the applicant or credential holder based on a retirement plan or separation agreement; (3) Obtaining any fee for professional services by fraud, deceit, or misrepresentation, including, but not limited to, falsification of third-party claim documents; (4) Cheating on or attempting to subvert the credentialing examination; (5) Assisting in the care or treatment of a consumer without the consent of such consumer or his or her legal representative; (6) Use of any letters, words, or terms, either as a prefix, affix, or suffix, on stationery, in advertisements, or otherwise, indicating that such person is entitled to practice a profession for which he or she is not credentialed; (7) Performing, procuring, or aiding and abetting in the performance or procurement of a criminal abortion; (8) Knowingly disclosing confidential information except as otherwise permitted by law; (9) Commission of any act of sexual abuse, misconduct, or exploitation related to the practice of the profession of the applicant or credential holder; (10) Failure to keep and maintain adequate records of treatment or service; (11) Prescribing, administering, distributing, dispensing, giving, or selling any controlled substance or other drug recognized as addictive or dangerous for other than a medically accepted therapeutic purpose; (12) Prescribing any controlled substance to (a) oneself or (b) except in the case of a medical emergency (i) one’s spouse, (ii) one’s child, (iii) one’s parent, (iv) one’s sibling, or (v) any other person living in the same household as the prescriber; (13) Failure to comply with any federal, state, or municipal law, ordinance, rule, or regulation that pertains to the applicable profession; (14) Disruptive behavior, whether verbal or physical, which interferes with consumer care or could reasonably be expected to interfere with such care; and (15) Such other acts as may be defined in rules and regulations. Nothing in this section shall be construed to exclude determination of additional conduct that is unprofessional by adjudication in individual contested cases.

Question 33

Applicant group shall mean

Answer 33

any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not previously regulated be regulated by the division or which proposes to change the scope of practice of a regulated health profession.

Question 34

Board shall mean

Answer 34

the State Board of Health.

Question 35

Certificate or certification shall mean

Answer 35

a voluntary process by which a statutory regulatory entity grants recognition to an individual who has met certain prerequisite qualifications specified by such regulatory entity and who may assume or use certified in the title or designation to perform prescribed tasks.

Question 36

Chairperson shall mean:

Answer 36

the chairperson of the Health and Human Services Committee of the Legislature.

Question 37

Committee shall mean:

Answer 37

the technical committee created in section 71-6224.

Question 38

Credentialing shall mean:

Answer 38

the process of regulating health professions by means of registration, certification, or licensure.

Question 39

Directed review shall mean:

Answer 39

a review conducted pursuant to section 71-6223.02 in which (1) there is no applicant group or application, (2) the duty of the committee is to formulate an initial proposal on the issues subject to review, and (3) the duty of the board and the director is to evaluate the proposal using the appropriate criteria and to make recommendations to the Legislature.

Question 40

Director shall mean:

Answer 40

the Director of Public Health of the Division of Public Health of the Department of Health and Human Services.

Question 41

Division shall mean:

Answer 41

the Division of Public Health of the Department of Health and Human Services.

Question 42

Grandfather clause shall mean:

Answer 42

a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.

Question 43

Health profession shall mean:

Answer 43

a vocation involving health services, health-related services, or environmental services requiring specialized knowledge and training. Health profession does not include the vocation of duly recognized members of the clergy acting in their ministerial capacity.

Question 44

Health professional group not previously regulated shall mean:

Answer 44

those persons or groups who are not currently licensed or otherwise regulated under the Uniform Credentialing Act, who are determined by the director to be qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of: (1) Preventing physical, mental, or emotional injury or illness, excluding persons acting in their capacity as clergy; (2) Facilitating recovery from injury or illness; (3) Providing rehabilitative or continuing care following injury or illness; or (4) Providing any other health service, health-related service, or environmental service which may be subject to regulation by the division.

Question 45

Inspection shall mean:

Answer 45

the periodic examination of practitioners by a state agency in order to ascertain whether the practitioner’s occupation is being carried out in a manner consistent with the public health, safety, and welfare.

Question 46

License, licensing, or licensure shall mean:

Answer 46

permission to engage in a health profession which would otherwise be unlawful in this state in the absence of such permission and which is granted to individuals who meet prerequisite qualifications and allows them to perform prescribed tasks and use a particular title.

Question 47

Professional license shall mean:

Answer 47

individual nontransferable authorization to work in a health profession based on qualifications which include graduation from an accredited or approved program and acceptable performance on a qualifying examination or series of examinations.

Question 48

Practitioner shall mean:

Answer 48

an individual who has achieved knowledge and skill by the practice of a specified health profession and is actively engaged in such profession.

Question 49

Public member shall mean:

Answer 49

an individual who is not, and never was, a member of the health profession being regulated, the spouse of a member, or an individual who does not have and never has had a material financial interest in the health profession being regulated or an activity directly related to the health profession being regulated.

Question 50

Registration shall mean:

Answer 50

the formal notification which, prior to rendering services, a practitioner submits to a state agency setting forth the name and address of the practitioner, the location, nature, and operation of the health activity to be practiced, and such other information which is required by the regulatory entity. A registered practitioner may be subject to discipline and standards of professional conduct established by the regulatory entity and may be required to meet any test of education, experience, or training in order to render services.

Question 51

Regulated health professions shall mean:

Answer 51

those persons or groups who are currently licensed or otherwise regulated under the Uniform Credentialing Act, who are qualified by training, education, or experience to perform the functions prescribed in this section, and whose principal functions, customarily performed for remuneration, are to render services directly or indirectly to individuals for the purpose of: (1) Preventing physical, mental, or emotional injury or illness; (2) Facilitating recovery from injury or illness; (3) Providing rehabilitative or continuing care following injury or illness; or (4) Providing any other health service, health-related service, or environmental service which may be subject to regulation by the division.

Question 52

Regulatory entity shall mean:

Answer 52

any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.

Question 53

Review body shall mean:

Answer 53

the committee, the board, or the director charged with reviewing applications for new credentialing or change in scope of practice.

Question 54

State agency shall include:

Answer 54

every state office, department, board, commission, regulatory entity, and agency of the state and, when provided specifically by law to be a state agency for purposes of this section, programs and activities involving less than the full responsibility of a state agency.

Question 55

Welfare shall include:

Answer 55

the ability of the public to achieve ready access to high quality health care services at reasonable costs.

Question 56

Health care provider means:

Answer 56

(1) A facility licensed under the Health Care Facility Licensure Act; (2) A health care professional licensed under the Uniform Credentialing Act; (3) A professional health care service entity; and (4) An organization or association of health care professionals licensed under the Uniform Credentialing Act.

Question 57

Incident report or risk management report means:

Answer 57

a report of an incident involving injury or potential injury to a patient as a result of patient care provided by a health care provider, including both an individual who provides health care and an entity that provides health care, that is created specifically for and collected and maintained for exclusive use by a peer review committee of a health care entity and that is within the scope of the functions of that committee.

Question 58

Peer review means:

Answer 58

the procedure by which health care providers evaluate the quality and efficiency of services ordered or performed by other health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, root cause analysis, claims review, underwriting assistance, and the compliance of a hospital, nursing home, or other health care facility operated by a health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations.

Question 59

Peer review committee means:

Answer 59

] a utilization review committee, quality assessment committee, performance improvement committee, tissue committee, credentialing committee, or other committee established by a professional health care service entity or by the governing board of a facility which is a health care provider that does either of the following: (a) Conducts professional credentialing or quality review activities involving the competence of, professional conduct of, or quality of care provided by a health care provider, including both an individual who provides health care and an entity that provides health care; or (b) Conducts any other attendant hearing process initiated as a result of a peer review committee’s recommendations or actions. (2) To conduct peer review pursuant to the Health Care Quality Improvement Act, a professional health care service entity shall adopt and adhere to written policies and procedures governing the peer review committee of the professional health care service entity.

Question 60

Professional health care service entity means:

Answer 60

an entity which is organized under the Nebraska Nonprofit Corporation Act, the Nebraska Professional Corporation Act, the Nebraska Uniform Limited Liability Company Act, or the Uniform Partnership Act of 1998 and which renders health care services through individuals credentialed under the Uniform Credentialing Act.

Question 61

Department means:

Answer 61

the Department of Health and Human Services Regulation and Licensure.

Question 62

Employment means:

Answer 62

services performed for another for wages or salary, or under agreement or contract in partnership or association with other health care professionals.

Question 63

Firsthand Knowledge means:

Answer 63

information or knowledge gleaned directly from the original source through use of the senses, such as an eyewitness.

Question 64

Gross Incompetence means:

Answer 64

a demonstrated lack of proficiency, skill or ability to perform the duties and functions of the health care profession to a very high degree.

Question 65

Health Care Professional means:

Answer 65

an individual regulated by the Department under the Advanced Practice Registered Nurse Licensure Act, the Certified Registered Nurse Anesthetist Act, the Clinical Nurse Specialist Practice Act, Emergency Medical Services Act, the Licensed Practical Nurse-Certified Act, the Nebraska Certified Nurse Midwifery Practice Act, the Nebraska Cosmetology Act, the Nurse Practice Act, the Nurse Practitioner Act, the Occupational Therapy Practice Act, the Uniform Controlled Substances Act, the Uniform Licensing Law, the Wholesale Drug Distributor Licensing Act, or Neb. Rev. Stat.

Question 66

Licensee Assistance Program means:

Answer 66

the voluntary program for education, referral assistance, and monitoring of compliance with treatment of habitual intoxication or dependence.

Question 67

Pattern of Negligent Conduct means:

Answer 67

a continued course of failure to use the care, skill and knowledge ordinarily possessed and used under like circumstances by members of the same profession engaged in similar practices in the same or similar localities in performing the duties of the profession.

Question 68

Payment means:

Answer 68

monetary compensation made by or on behalf of a health care professional due to acts or omissions of a health care professional in his/her personal or corporate capacity.

Question 69

Peer Review Organization or Committee means: a

Answer 69

professional society or committee or agency thereof, including those at the national, state or local level, or a facility’s peer review or utilization review committee or similar body, that engages in professional review activities through a formal peer review process to further quality of care, including notice and opportunity for hearing.

Question 70

Privileges means:

Answer 70

the authorization by a facility for a health care professional to provide health care services, including privileges and membership on the medical staff of the facility.

Question 71

Professional Association, Society or Organization means: any

Answer 71

organization of individual health care professionals who are required to obtain a license or other legal authorization prior to performing a professional service.

Question 72

Professional Liability Claim or Claim means:

Answer 72

a complaint or demand for payment based on a health care professional’s provision of or failure to provide health care services, and includes complaints or demands made prior to suit and the filing of a cause of action based on the law of tort brought in any state or federal court or any adjudicative body or agency in the health care professional’s personal or corporate capacity.

Question 73

Uniform Licensing Law means:

Answer 73

those statutes cited in Neb. Rev. Stat. §71-101.

Question 74

Unprofessional Conduct means:

Answer 74

any departure from or failure to conform to the standards of acceptable and prevailing practice of a profession or occupation or the ethics of the profession or occupation, regardless of whether a person, patient, or entity is injured, or conduct that is likely to deceive or defraud the public or is detrimental to the public interest, including: 1. Acts or conduct identified in Uniform Licensing Law; 2. Acts or conduct identified in the practice act or other laws regulating a health care professional; 3. Such other acts as may be defined in rules and regulations adopted and promulgated by the boards of examiners for the health care profession; and 4. Additional conduct determined by adjudication in individual contested cases involving health care professionals.

Question 75

When to report yourself:

Answer 75

A report must be submitted within 30 days of the occurrence of any of the following: 1. You lost your privileges in a hospital or other health care facility due to alleged: a. Incompetence; b. Negligence; c. Unethical or unprofessional conduct; or d. Physical, mental, or chemical impairment. 2. You voluntarily limited your privileges or resigned from the staff of any health care facility while under formal or informal investigation or evaluation by the facility or a committee of the facility for issues of: a. Clinical competence; b. Unprofessional conduct; or c. Physical, mental, or chemical impairment. 3. You lost your employment due to alleged: a. Negligence; b. Unethical or unprofessional conduct; or c. Incompetence; d. Physical, mental, or chemical impairment. 4. You have had a professional liability claim that resulted in an adverse judgement, settlement, or award, including settlements made prior to suit in which the patient releases any professional liability claim against the credentialed person. 5. Your professional liability insurance coverage has been cancelled, limited, or otherwise modified due to a professional liability claim. 6. You have been refused professional liability insurance coverage on an initial or renewal basis due to a professional liability claim. 7. You have been denied a credential or other form of authorization to practice by any state, territory, or jurisdiction, including any military or federal jurisdiction, due to alleged: a. Incompetence; b. Negligence; c. Unethical or unprofessional conduct; or d. Physical, mental, or chemical impairment. 8. You have disciplinary action taken against any credential or other form of permit by another state, territory, or jurisdiction, including any federal or military jurisdiction, the settlement of such action, or any voluntary surrender of or limitation on any such credential or other form of permit. 9. You have lost membership in a professional organization due to alleged: a. Incompetence; b. Negligence; c. Unethical or unprofessional conduct; or d. Physical, mental or chemical impairment 10. You have been convicted of any misdemeanor or felony in Nebraska or any other state, territory, or jurisdiction, including any federal or military jurisdiction.