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Nebraska Summary of State Laws & Regulations
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Background of Medical Spa Law in Nebraska:

There are currently no Nebraska laws, regulations or licensing requirements specific to medical spas and this area of the law is still in a significant state of flux in Nebraska. The following FAQs make several references to the Joint Board Dermatologic Workgroup’s August 15, 2011 Final Report (the "Final Report”). The Joint Board Dermatologic Workgroup (the "Workgroup”) was convened by the Nebraska Department of Health and Human Services ("DHHS”) to address the regulation of medical spa procedures in Nebraska and to make recommendations with respect to such procedures and the practitioners involved in rendering them. Specifically, the Workgroup’s recommendations were provided to DHHS "to use as guidance documents when considering complaints, disciplinary matters, and when answering questions related to scopes of practice.” But the Final Report does not carry the force of law in Nebraska. All references to, and applications of, the Final Report set forth in these FAQs are subject to this acknowledgement.

In the Final Report, the Workgroup declined to recommend additional regulations with respect to medical spa procedures or licensing. Rather, the Workgroup, which consisted of most of the state’s major practitioner boards, addressed the regulation of medical spa operations under existing law by providing DHHS with a table that identified which particular practitioners should be permitted to carry out typical medical spa procedures as well as the necessary training, supervision and other requirements that should be applicable to them. Although not legally binding in Nebraska, the Final Report documents the position of most of the state’s major health boards and in that sense it is persuasive authority. To determine whether a particular practitioner may perform a certain medical spa procedure in Nebraska, however, you should consult your health care attorney as this area of the law is still quite unsettled in Nebraska.

Who can own a medical spa?

Only licensed health care professionals can provide certain medical spa services. However, there are

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Can a nurse, esthetician, PA or NP own a med spa by employing a medical director?

As discussed above, there are currently no

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Can a nurse, esthetician, PA, or NP take a commission for administering laser treatments or injectables like Botox?

The Workgroup has determined that a variety of licensed health care professionals are permitted to administer laser treatments or injectables if

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Does a physician have to examine every new patient before the patient is treated?

Whether a physician is required to first examine the patient is dependent upon

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What about PAs and NPs—can they see new patients or does it have to be a physician?

If the procedure is within

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Can a physician delegate medical tasks and duties to non-physicians?

Yes, but only to

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Does a physician have to be present at the med spa at all times?

Whether a physician’s physical presence is required depends on

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Who can perform laser treatments?

The Workgroup considers use of ablative laser procedures to be "high risk” in Nebraska, requiring a

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Can estheticians perform laser treatments?

The Final Report does not include

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Botox and other injectable fillers: who can inject?

The Workgroup recommended that the following practitioners be able to perform injection procedures (neuromodulators and dermal fillers), subject to the supervision and training recommendations noted in the table:

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Can a dentist own a medical spa?

There are currently no limitations on the ownership of a medical spa under Nebraska law. However, only

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Can a dentist serve as a medical director at a medical spa?

As discussed above, there are currently

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Can dentists inject Botox or perform laser treatments?

The Workgroup has determined that a variety of licensed health care professionals are permitted to administer laser treatments or injectables if,

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Can physicians delegate medical task to dentist?

Nebraska law only allows for delegation of medical tasks to

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The information and answers contained in these frequently asked questions provide a general guide to certain laws that apply to "medical spas” in this particular state. The information contained on this site is for general reference only. This information is not intended to provide legal advice, and it should not be relied upon as legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Readers: You should not act upon this information without seeking knowledgeable legal counsel that takes the laws of your jurisdiction into account. All uses of the content of this site, other than personal uses, are prohibited.

Summary updated June 2014

LEGAL SPOTLIGHT
The American Med Spa Association (AmSpa) is powered by ByrdAdatto, the leading law firm in the medical aesthetics industry. The law firm of ByrdAdatto was formed for one simple reason: to help business and health care professionals navigate the complicated maze of business and health care legal issues that come with owning a successful business. You take care of business. We take care of you. For more information, please call 888-827-8860 or email legal@americanmedspa.org.
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STATE RESOURCE LINKS

Joint Board Dermatologic Workgroup Final Report

Neb. Rev. Stat. § 38-178, Disciplinary actions; grounds

Neb. Rev. Stat. § 38-179, Disciplinary actions; unprofessional conduct, defined

Title 172, Chapter 88-013, Nebraska Administrative Code, Unprofessional Conduct

Nebraska Board of Nursing: Cosmetic and Dermatologic Procedures Performed by RNs and LPNs (adopted February 2012)

Neb. Rev. Stat. § 38-2047 - Physician assistant delegation statute

Title 172, Chapter 99-004, Nebraska Administrative Code – Nursing Delegation Standards

Nebraska Department of Health and Human Services, What Can Medical Assistants Do?, Nebraska Nursing News, vol. 29, No. 3 (Fall 2012), p. 14:

Joint Board Dermatologic Workgroup Final Report

Nebraska Board of Nursing: Cosmetic and Dermatologic Procedures Performed by RNs and LPNs (adopted February 2012)

Joint Board Dermatologic Workgroup Final Report, Table 1 (defining scopes of practice for typical medical spa procedures)

Neb. Rev. Stat. § 38-2047 - Physician assistant delegation statute

Title 172, Chapter 99-004, Nebraska Administrative Code – Nursing Delegation Standards

Nebraska Department of Health and Human Services,What Can Medical Assistants Do?, Nebraska Nursing News, vol. 29, No. 3 (Fall 2012), p. 14:

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