State Codes and Statutes
Statutes > Nebraska > Chapter38 > 38-121738-1217. Rules and regulations.The board shall adopt rules and regulations necessary to:(1)(a) For licenses issued prior to September1, 2010, create the following licensure classifications of out-of-hospitalemergency care providers: (i) First responder; (ii) emergency medical technician; (iii) emergency medical technician-intermediate;and (iv) emergency medical technician-paramedic; and (b) for licenses issued on or afterSeptember 1, 2010, create the following licensure classifications of out-of-hospitalemergency care providers: (i) Emergency medical responder; (ii) emergencymedical technician; (iii) advanced emergency medical technician; and (iv)paramedic. The rules and regulations creating the classificationsshall include the practices and procedures authorized for each classification,training and testing requirements, renewal and reinstatement requirements,and other criteria and qualifications for each classification determined tobe necessary for protection of public health and safety. A person holding a license issued prior to September 1,2010, shall be authorized to practice in accordance with the laws, rules,and regulations governing the license for the term of the license;(2) Providefor temporary licensure of an out-of-hospital emergency care provider whohas completed the educational requirements for a licensure classificationenumerated in subdivision (1)(b) of this section but has not completed thetesting requirements for licensure under such subdivision. Temporary licensureshall be valid for one year or until a license is issued under such subdivisionand shall not be subject to renewal. The rules and regulations shall includequalifications and training necessary for issuance of a temporary license,the practices and procedures authorized for a temporary licensee, and supervisionrequired for a temporary licensee;(3) Set standards for the licensure of basiclife support services and advanced life support services. The rules and regulationsproviding for licensure shall include standards and requirements for: Vehicles,equipment, maintenance, sanitation, inspections, personnel, training, medicaldirection, records maintenance, practices and procedures to be provided byemployees or members of each classification of service, and other criteriafor licensure established by the board;(4) Authorize emergency medicalservices to provide differing practices and procedures depending upon thequalifications of out-of-hospital emergency care providers available at thetime of service delivery. No emergency medical service shall be licensed toprovide practices or procedures without the use of personnel licensed to providethe practices or procedures;(5) Authorize out-of-hospitalemergency care providers to perform any practice or procedure which they areauthorized to perform with an emergency medical service other than the servicewith which they are affiliated when requested by the other service and whenthe patient for whom they are to render services is in danger of loss of life;(6) Provide for the approvalof training agencies and establish minimum standards for services providedby training agencies;(7) Provide for the minimumqualifications of a physician medical director in addition to the licensurerequired by section 38-1212;(8) Provide for the use ofphysician medical directors, qualified physician surrogates, model protocols,standing orders, operating procedures, and guidelines which may be necessaryor appropriate to carry out the purposes of the Emergency Medical ServicesPractice Act. The model protocols, standing orders, operating procedures,and guidelines may be modified by the physician medical director for use byany out-of-hospital emergency care provider or emergency medical service beforeor after adoption;(9) Establish criteria forapproval of organizations issuing cardiopulmonary resuscitation certificationwhich shall include criteria for instructors, establishment of certificationperiods and minimum curricula, and other aspects of training and certification;(10) Establish renewal andreinstatement requirements for out-of-hospital emergency care providers andemergency medical services and establish continuing competency requirements.Continuing education is sufficient to meet continuing competency requirements.The requirements may also include, but not be limited to, one or more of thecontinuing competency activities listed in section 38-145 which a licensedperson may select as an alternative to continuing education. The reinstatementrequirements for out-of-hospital emergency care providers shall allow reinstatementat the same or any lower level of licensure for which the out-of-hospitalemergency care provider is determined to be qualified;(11) Establish criteria fordeployment and use of automated external defibrillators as necessary for theprotection of the public health and safety;(12) Create licensure, renewal,and reinstatement requirements for emergency medical service instructors.The rules and regulations shall include the practices and procedures for licensure,renewal, and reinstatement;(13) Establish criteria foremergency medical technicians-intermediate,advanced emergency medical technicians, emergency medical technicians-paramedic, or paramedics performingactivities within their scope of practice at a hospital or health clinic undersubsection (3) of section 38-1224. Such criteria shall include, but not belimited to: (a) Requirements for the orientation of registered nurses, physicianassistants, and physicians involved in the supervision of such personnel;(b) supervisory and training requirements for the physician medical directoror other person in charge of the medical staff at such hospital or healthclinic; and (c) a requirement that such activities shall only be performedat the discretion of, and with the approval of, the governing authority ofsuch hospital or health clinic. For purposes of this subdivision, health clinichas the definition found in section 71-416 and hospital has the definitionfound in section 71-419; and(14) Establishcriteria and requirements for emergency medical technicians-intermediate torenew licenses issued prior to September 1, 2010, and continue to practiceafter such classification has otherwise terminated under subdivision (1) ofthis section. The rules and regulations shall include the qualifications necessaryto renew emergency medical technicians-intermediate licenses after September1, 2010, the practices and procedures authorized for persons holding and renewingsuch licenses, and the renewal and reinstatement requirements for holdersof such licenses. SourceLaws 1997, LB 138, § 7; Laws 1999, LB 498, § 2; Laws 2001, LB 238, § 1; Laws 2002, LB 1021, § 87; Laws 2002, LB 1033, § 1; R.S.1943, (2003), § 71-5178; Laws 2007, LB463, § 501; Laws 2009, LB195, § 13.
