Sections 84-933 to 84-950 shall be known and may be cited as the Occupational Board Reform Act.

For purposes of the Occupational Board Reform Act, the definitions in sections 84-935 to 84-944.01 apply.

Government certification means a nontransferable recognition granted to an individual by an occupational board through a voluntary program in which the individual meets personal qualifications established by the Legislature. Government certification allows the certified individual to use a designated title. For purposes of the Occupational Board Reform Act, in analyzing health professions which are subject to the Nebraska Regulation of Health Professions Act, the definition of certification in section 71-6206 applies.

Cross References

Nebraska Regulation of Health Professions Act, see section 71-6201.

Lawful occupation means a course of conduct, a pursuit, or a profession that includes the sale of goods or services that are not themselves illegal to sell irrespective of whether the individual selling them is subject to an occupational regulation.

Least restrictive regulation means one of the following types of regulation, listed from least restrictive to most restrictive, consistent with the health, safety, and welfare of the public:

(7) Regulation of the process of providing the specific goods or services to consumers;

Cross References

Uniform Deceptive Trade Practices Act, see section 87-306.

Occupational board means a board, commission, department, or other entity created by state law which regulates providers through occupational regulations.

Occupational license means a nontransferable authorization in law (1) for an individual to perform exclusively a lawful occupation for compensation based on meeting personal qualifications established by the Legislature and (2) which is required in order to legally perform the lawful occupation for compensation.

(1) Occupational regulation means a statute, rule, regulation, practice, policy, or other state law requiring an individual to possess certain personal qualifications or to comply with registration requirements to use an occupational title or work in a lawful occupation.

(2) Occupational regulation includes any government certification, registration, and occupational license except as otherwise specifically provided in the Occupational Board Reform Act.

(3) Occupational regulation does not include (a) business licensure, facility licensure, building permit requirements, or zoning and land-use regulation except to the extent that the same state laws that require a business license, a facility license, a building permit, or zoning and land-use regulation also regulate an individual's personal qualifications to perform a lawful occupation, (b) an occupational license administered by the Supreme Court, or (c) an occupational credential regulated by the Nebraska Commission on Law Enforcement and Criminal Justice.

Personal qualifications means criteria related to an individual's personal background and characteristics, including completion of an approved educational program, satisfactory performance on an examination, work experience, other evidence of attainment of requisite skills or knowledge, moral standing, criminal history, and completion of continuing education.

(1) Criminal attempt as provided in section 28-201, conspiracy as provided in section 28-202, or aiding and abetting as provided in section 28-206, to commit an offense listed in this section;

(5) Assault in the first or second degree as provided in sections 28-308 and 28-309;

(11) A sexual act subject to criminal penalties as provided in sections 28-317 to 28-322.07;

(15) Fraud subject to criminal penalties as provided in sections 28-505, 28-631, 28-638, 28-639, 28-640, and 28-935;

(20) Human trafficking, labor trafficking, sex trafficking, labor trafficking of a minor, or sex trafficking of a minor as provided in section 28-831;

(24) Assault on an officer, an emergency responder, certain employees, or a health care professional in the first degree as provided in section 28-929;

(25) Assault on an officer, an emergency responder, certain employees, or a health care professional in the second degree as provided in section 28-930;

(26) Assault on an officer, an emergency responder, certain employees, or a health care professional in the third degree as provided in section 28-931;

(27) Assault on an officer, an emergency responder, certain employees, or a health care professional using a motor vehicle as provided in section 28-931.01;

(28) An offense that has as an element the threat to inflict serious bodily injury as defined in section 28-109 or death on another person, the intentional infliction of serious bodily injury as defined in section 28-109 on another person, or intentionally causing the death of another person;

(29) An offense for which registration is required under the Sex Offender Registration Act; or

(30) Any offense under the laws of another jurisdiction that is substantially equivalent to any of the offenses listed in this section.

Source:Laws 2024, LB16, § 6; Laws 2026, LB935, § 43; Laws 2026, LB965, § 48.
Operative Date: July 18, 2026

Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB935, section 43, with LB965, section 48, to reflect all amendments.

Cross References

Sex Offender Registration Act, see section 29-4001.

Private certification means a nontransferable recognition granted to an individual by a private organization through a voluntary program in which the individual meets personal qualifications established by the private organization.

Provider means an individual provider of goods or services engaged in a lawful occupation.

(1) Registration means a nontransferable registration granted to an individual under which (a) the individual is required to give notice to the government that may include the individual's name and address, the individual's agent for service of process, the location of the activity to be performed, and a description of the service the individual provides, (b) upon receipt of the notice by the government, the individual may use the term registered as a designated title to engage in a lawful occupation, and (c) such notice is required to engage in the lawful occupation for compensation and is required in order to use the term registered as a designated title to engage in the lawful occupation.

(3) For purposes of the Occupational Board Reform Act, in analyzing health professions which are subject to the Nebraska Regulation of Health Professions Act, the definition of registration in section 71-6217 applies.

Cross References

Nebraska Regulation of Health Professions Act, see section 71-6201.

United States Military means any active duty or reserve duty component of the armed forces of the United States, any state of the United States, or any territory of the United States.

(1) Government certification and registration are not synonymous with occupational license;

(2) Except as provided in section 84-935, when the terms certification and certified are used outside of the Occupational Board Reform Act to mean a requirement that an individual meet certain personal qualifications to work legally, those terms in that context shall be interpreted for purposes of the Occupational Board Reform Act as requiring an individual to meet the requirements for an occupational license; and

(3) Except as provided in section 84-944, when the terms registration and registered are used outside of the Occupational Board Reform Act to mean a requirement that an individual meet certain personal qualifications to work legally, those terms in that context shall be interpreted for purposes of the Occupational Board Reform Act as requiring an individual to meet the requirements for an occupational license.

To the extent that an occupational board or lawful occupation is also governed by federal law, federal law shall take precedence over the Occupational Board Reform Act. The act shall not be construed to preempt federal law governing lawful occupations in this state.

(1) To protect the fundamental right of an individual to pursue a lawful occupation;

(2) To use the least restrictive regulation which is necessary to protect consumers from undue risk of present, significant, and substantiated harms that clearly threaten or endanger the health, safety, or welfare of the public when competition alone is not sufficient and which is consistent with the public interest;

(3) To enforce an occupational regulation against an individual only to the extent that the individual sells goods or services that are included explicitly in the statutes that govern the occupation;

(4) To construe and apply occupational regulations to increase opportunities, promote competition, and encourage innovation;

(5) To use the least restrictive method of regulation as set out in section 71-6222 for lawful occupations subject to the Nebraska Regulation of Health Professions Act; and

Cross References

Nebraska Regulation of Health Professions Act, see section 71-6201.

(d) A professional landscape architect pursuant to the Professional Landscape Architects Act;

(g) A reinsurance intermediary-broker or reinsurance intermediary-manager pursuant to the Reinsurance Intermediary Act;

(k) A physician or osteopathic physician pursuant to the Medicine and Surgery Practice Act.

Cross References

Insurance Producers Licensing Act, see section 44-4047.
Managing General Agents Act, see section 44-4901.
Medicine and Surgery Practice Act, see section 38-2001.
Professional Landscape Architects Act, see section 81-8,183.01.
Public Accountancy Act, see section 1-105.
Public Adjusters Licensing Act, see section 44-9201.
Reinsurance Intermediary Act, see section 44-5601.
Surplus Lines Insurance Act, see section 44-5501.
Utilization Review Act, see section 44-5416.
Viatical Settlements Act, see section 44-1101.

(1) The fundamental right of an individual to pursue an occupation includes the right of an individual with a criminal history to obtain an occupational license, government certification, or state recognition of the individual's personal qualifications.

(2)(a) An individual who has a criminal conviction under the laws of Nebraska or any other jurisdiction may submit to the appropriate occupational board a preliminary application for an occupational license, government certification, or state recognition of the individual's personal qualifications for a determination as to whether the individual's criminal conviction would disqualify the individual from obtaining the occupational license, government certification, or state recognition of the individual's personal qualifications from that occupational board. The preliminary application may be submitted at any time, including prior to obtaining required education or paying any fee, other than the fee for the preliminary application under subsection (9) of this section.

(b) The individual may include with the preliminary application additional information about the individual's circumstances at the time of the application, mitigating factors, and other evidence of rehabilitation, including:

(v) The completion of, or active participation in, rehabilitative drug or alcohol treatment or individual counseling;

(vi) Testimonials and recommendations, which may include a progress report from the individual's probation or parole officer;

(3) Upon receipt of a preliminary application under subsection (2) of this section and a fee if required under subsection (9) of this section, the appropriate occupational board shall make a determination of whether the individual's criminal conviction would disqualify the individual from obtaining an occupational license, government certification, or state recognition of the individual's personal qualifications from that occupational board in accordance with subsection (4) of this section. In making such determination, an individual's criminal history disqualifies the individual from obtaining an occupational license, government certification, or state recognition of the individual's personal qualifications only if:

(a) The individual's conviction directly and specifically relates to the duties and responsibilities of the occupation;

(b) The individual obtaining such license, certification, or state recognition would pose a direct and substantial risk to public safety because the individual has not been rehabilitated, as evidenced by information described in subdivision (2)(b) of this section, to safely perform the duties and responsibilities of the occupation; and

(4) In determining whether an individual's criminal history is disqualifying under subsection (3) of this section, the occupational board shall only make an adverse determination after:

(a) The executive director or employee designee of the occupational board issues a preliminary adverse determination after completing the following actions:

(i) Providing an opportunity for an informal meeting with the individual, which shall be held in-person, by remote video, or by teleconference within sixty days after receiving an application for consideration. The individual shall be allowed to include character witnesses at such informal meeting. The executive director or employee designee shall not make an adverse determination based on an individual's decision not to attend an informal meeting or not to include character witnesses; and

(ii) Issuing and submitting a written preliminary determination to the appropriate occupational board for consideration and ratification within sixty days after receiving the preliminary application for consideration or after the informal meeting, whichever is later. A preliminary adverse decision shall not become final without consideration and ratification by the appropriate occupational board; and

(b) The occupational board ratifies the preliminary adverse determination and issues a final adverse determination in writing within ninety days after the issuance of the preliminary adverse determination.

(5) The determination of the occupational board shall include findings of fact and conclusions of law, including clear and convincing evidence for any adverse determination made by the occupational board. If the occupational board determines that the individual's criminal conviction would disqualify the individual, the occupational board may advise the individual of any action the individual may take to remedy the disqualification. If the occupational board finds that the individual has been convicted of a subsequent criminal conviction, the occupational board may rescind a determination upon finding that the subsequent criminal conviction would be disqualifying under subsection (3) of this section.

(6) An individual shall not be required to disclose nor shall consideration be given in a determination under this section to the following:

(a) A deferred adjudication, participation in a diversion program, or an arrest not followed by a conviction;

(b) A conviction of an offense for which no sentence of incarceration is statutorily authorized;

(e) A nonviolent misdemeanor unless it is for an offense expressly listed in section 84-941.01;

(f) A conviction older than three years for which the individual was not sentenced to a term of incarceration; or

(g) A conviction for which the individual's incarceration ended more than three years before the date of the application, other than a potentially disqualifying conviction.

(7) The individual may appeal the determination of the occupational board. The appeal shall be in accordance with the Administrative Procedure Act.

(8) An individual shall not file another preliminary application under this section with the same occupational board within two years after the final decision on the previous preliminary application, except that if the individual has taken action to remedy the disqualification as advised by the occupational board, the individual may file another preliminary application under this section with the same occupational board at any time after six months following the final decision on the previous preliminary application.

(9) An occupational board may charge a fee not to exceed one hundred dollars for each preliminary application filed pursuant to this section. The fee is intended to offset the administrative costs incurred under this section. If an individual's income at the time of the preliminary application is at or below three hundred percent of the federal poverty level, such individual may submit with the preliminary application a request for a waiver of the fee along with supporting documentation to show such individual's income. If the occupational board determines that the individual's income is at or below three hundred percent of the federal poverty level, the occupational board shall waive the fee.

Cross References

Administrative Procedure Act, see section 84-920.

(1) Beginning in 2019, each standing committee of the Legislature shall annually review and analyze approximately twenty percent of the occupational regulations within the jurisdiction of the committee and prepare and submit an annual report electronically to the Clerk of the Legislature by December 15 of each year as provided in this section. Each committee shall complete this process for all occupational regulations within its jurisdiction within five years and every five years thereafter. Each report shall include the committee's recommendations regarding whether the occupational regulations should be terminated, continued, or modified.

(2) Each committee may require the submission of information by the affected occupational board and other affected or interested parties.

(a) The title of the regulated occupation and the name of the occupational board responsible for enforcement of the occupational regulations;

(b) The statutory citation or other authorization for the creation of the occupational regulations and occupational board;

(e) The number of times the occupational board is required to meet during the year and the number of times it actually met;

(f) Annual budget information for the occupational board for the five most recently completed fiscal years;

(g) For the immediately preceding five calendar years, or for the period of time less than five years for which the information is practically available, the number of government certifications, occupational licenses, and registrations the occupational board has issued, revoked, denied, or assessed penalties against, listed anonymously and separately per type of credential, and the reasons for such revocations, denials, and other penalties;

(h) A review of the basic assumptions underlying the creation of the occupational regulations;

(i) A statement from the occupational board on the effectiveness of the occupational regulations; and

(4) Subject to subsection (5) of this section, each committee shall also analyze, and include in its report, whether the occupational regulations meet the policies stated in section 84-946 considering the following recommended courses of action for meeting such policies:

(a) If the need is to protect consumers against fraud, the likely recommendation will be to strengthen powers under the Uniform Deceptive Trade Practices Act or require disclosures that will reduce misleading attributes of the specific goods or services;

(b) If the need is to protect consumers against unclean facilities or to promote general health and safety, the likely recommendation will be to require periodic inspections of such facilities;

(c) If the need is to protect consumers against potential damages from failure by providers to complete a contract fully or up to standards, the likely recommendation will be to require that providers be bonded;

(d) If the need is to protect a person who is not party to a contract between the provider and consumer, the likely recommendation will be to require that the provider have insurance;

(e) If the need is to protect consumers against potential damages by transient providers, the likely recommendation will be to require that providers register their businesses with the Secretary of State;

(f) If the need is to protect consumers against a shortfall or imbalance of knowledge about the goods or services relative to the providers' knowledge, the likely recommendation will be to enact government certification; and

(g) If the need is to address a systematic information shortfall such that a reasonable consumer is unable to distinguish between the quality of providers, there is an absence of institutions that provide adequate guidance to the consumer, and the consumer's inability to distinguish between providers and the lack of adequate guidance allows for undue risk of present, significant, and substantiated harms, the likely recommendation will be to enact an occupational license.

(5) If a lawful occupation is subject to the Nebraska Regulation of Health Professions Act, the analysis under subsection (4) of this section shall be made using the least restrictive method of regulation as set out in section 71-6222.

(6) In developing recommendations under this section, the committee shall review any report issued to the Legislature pursuant to the Nebraska Regulation of Health Professions Act, if applicable, and consider any findings or recommendations of such report related to the occupational regulations under review.

(7) If the committee finds that it is necessary to change occupational regulations, the committee shall recommend the least restrictive regulation consistent with the public interest and the policies in this section and section 84-946.

Cross References

Nebraska Regulation of Health Professions Act, see section 71-6201.
Uniform Deceptive Trade Practices Act, see section 87-306.