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.

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:

(1) Market competition;

(2) Third-party or consumer-created ratings and reviews;

(3) Private certification;

(4) Specific private civil cause of action to remedy consumer harm;

(5) Deceptive trade practices under the Uniform Deceptive Trade Practices Act;

(6) Mandatory disclosure of attributes of the specific goods or services;

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

(8) Inspection;

(9) Bonding or insurance;

(10) Registration;

(11) Government certification; and

(12) Occupational license.

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.

Potentially disqualifying conviction includes a conviction for:

(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;

(2) Murder as provided in sections 28-303 or 28-304;

(3) Manslaughter as provided in section 28-305;

(4) Motor vehicle homicide as provided in section 28-306;

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

(6) Terroristic threats as provided in section 28-311.01;

(7) Stalking as provided in section 28-311.03;

(8) A violation relating to mobile tracking devices under section 28-1337;

(9) Kidnapping as provided in section 28-313;

(10) False imprisonment as provided in sections 28-314 and 28-315;

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

(12) Domestic assault as provided in section 28-323;

(13) Robbery as provided in section 28-324;

(14) Arson as provided in sections 28-502, 28-503, and 28-504;

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

(16) Theft as provided in sections 28-511, 28-512, 28-513, and 28-515;

(17) Forgery as provided in sections 28-602 and 28-603;

(18) Incest as provided in section 28-703;

(19) Child abuse as provided in section 28-707;

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

(21) False reporting as provided in section 28-907;

(22) Swatting under section 28-907.01;

(23) Perjury as provided in section 28-915;

(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.

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.

(2) Registration may require a bond or insurance.

(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.

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.