AGO 97021.

• Court: Nebraska

Nebraska Attorney General Opinions 1997. AGO 97021. DATE: March 25, 1997SUBJECT: LB 146; Legal effect in cases involving discipline of health care professionalsREQUESTED BY: Senator Don Wesely, Chairperson Health and Human Services Committee Nebraska State LegislatureWRITTEN BY: Don Stenberg, Attorney General James D. Smith, Assistant Attorney General OPINION REQUEST: LB 146 would change the Nebraska statutes stating the grounds for disciplining licenses of health care professionals. LB 146 would amend the disciplinary statutes by adding the following language: This section shall not be construed to affect or prevent a licensee's use of whatever medical care, conventional or nonconventional, which effectively treats human disease, pain, injury, deformity, or physical condition which is within the scope of practice of the licensee. In your opinion request, you express the concern that the bill will weaken the ability of examining boards and our office to regulate unproven therapies. Your opinion request specifically seeks our opinion "concerning the legal effect of adding this new language in cases involving discipline of health care professionals". Senator Don Wesely Page -2- March 25, 1997 CONCLUSIONS: 1. As drafted, LB 146 would inject legal ambiguity into the statutory grounds for disciplining professional health care licenses. 2. As drafted, LB 146's legal ambiguity can allow licensed health care professionals to promote and use unproven therapies with less risk of disciplinary consequences. Legislative history: Neb. Rev. Stat. §§ 71-147 and 71-148 state the many grounds for disciplining the licenses of health care professionals. LB 146 proposes to amend both Sections 71-147 and 71-148 by adding the language stated above. The disciplinary grounds provided by Sections 71-147 and 71- 148 apply to multiple licensed health professions and occupations, not simply those professionals having a license to practice medicine and surgery. These disciplinary statutes are also applicable to licensed professionals such as advanced registered nurse practitioners, nurses, certified nurse practitioner- anesthetists, certified nurse midwives, athletic trainers, chiropractors, dentists, dental hygienists, massage therapists, medical nutrition therapists, mental health practitioners, nursing home administrators, optometrists, osteopathic physicians, pharmacists, physical therapists, podiatrists, psychologists, and respiratory therapists. As recognized by the Nebraska Supreme Court, the purpose...