Nebraska med spa & injectable regulations

Nebraska sets the cost of entry by rule, not by statute, so this is the price and § 38-155 is only the authority. 001. Scope and authority . These regulations establish fees related to the credentialing of individuals and businesses under the Uniform Credentialing Act (UCA), Nebraska Revised Statutes (Neb. Rev. Stat.) §§ 38-101 to 38-1,142. 002. Credentialing fees . Credentials are renewed biennially unless otherwise noted. The schedule sets Esthetics Salon $150 $150 $50 for re-inspection if required, and Esthetician $95 $118. The premises and the practitioner are licensed separately and priced separately: an esthetics salon pays $150 to open and $150 on each biennial renewal, and an esthetician working in it pays $95 then $118.

Neb. Admin. Code tit. 172, ch. 2, § 002 (the fee schedule a new esthetics salon actually pays)

No person shall operate or profess or attempt to operate a cosmetology establishment unless such establishment is licensed by the department under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act. The department shall not issue or renew a license for a cosmetology establishment until all requirements of the act have been complied with. No person shall engage in any of the practices of cosmetology in any location or premises other than a licensed cosmetology establishment except as specifically permitted in the act.

Neb. Rev. Stat. §38-1078 (Cosmetology establishment; license required)

In order to be licensed as a salon by the department, an applicant shall meet, and present to the department evidence of meeting, the following requirements: (1) The proposed salon shall be a fixed, permanent structure or part of one; (2) The proposed salon shall be physically separated from all other business or residential activities except barbering, manicuring, pedicuring, and retail sales;

Neb. Rev. Stat. §38-1083 (Salon; license; requirements)

Esthetics means the practice for compensation of using an electrical or mechanical apparatus or appliance or applying and using cosmetic preparations, antiseptics, chemicals, tonics, lotions, creams, or other similar products upon the skin for personal beauty care.

Neb. Rev. Stat. §38-1026 (“Esthetics” defined)

Esthetician means a person licensed under the Cosmetology, Electrology, Esthetics, Nail Technology, and Body Art Practice Act to perform all of the practices of esthetics.

Neb. Rev. Stat. §38-1025 (“Esthetician” defined)

Nebraska allows compounding for office use but not a copy of an approved drug, which is what a compounded semaglutide or tirzepatide product is outside a shortage. No person shall compound: (a) A drug that has been identified by the federal Food and Drug Administration as withdrawn or removed from the market because the drug was found to be unsafe or ineffective; (b) A drug that is essentially a copy of an approved drug unless there is a drug shortage as determined by the board or unless a patient has an allergic reaction to the approved drug; or (c) A drug that has been identified by the federal Food and Drug Administration or the board as a product which may not be compounded.

Neb. Rev. Stat. §38-2867.01(5) (Authority to compound — prohibited acts)

Any person authorized to compound shall compound in compliance with the standards of chapters 795 and 797 of The United States Pharmacopeia and The National Formulary, as such chapters existed on January 1, 2023, and shall compound (a) as the result of a practitioner's medical order or initiative occurring in the course of practice based upon the relationship between the practitioner, patient, and pharmacist, (b) for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing, or (c) for office use only and not for resale.

Neb. Rev. Stat. §38-2867.01(1) (Authority to compound — standards; office use)

The director, with the recommendation of the appropriate board, may issue an order to cease and desist the unauthorized practice of such profession or the unauthorized operation of such business as a measure to obtain compliance with the applicable credentialing requirements by the person prior to referral of the matter to the Attorney General for action. Practice of such profession or operation of such business without a credential after receiving a cease and desist order is a Class III felony.

Neb. Rev. Stat. §38-1,124(2)

Upon the completion of any hearing held regarding discipline of a credential, the director may dismiss the action or impose any of the following sanctions: censure; probation; limitation; civil penalty; suspension; or revocation.

Neb. Rev. Stat. §38-196(1) (Sanctions authorized)

A petition shall be filed by the Attorney General in order for the director to discipline a credential obtained under the Uniform Credentialing Act to practice or represent oneself as being certified under any of the practice acts, or to operate as a business for the provision of services in body art, cosmetology, emergency medical services, esthetics, funeral directing and embalming, massage therapy, and nail technology.

Neb. Rev. Stat. §38-186(1)

A credential to practice a profession may be issued subject to discipline, denied, refused renewal, or have other disciplinary measures taken against it in accordance with section 38-183, 38-185, or 38-186 on statutory grounds.

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

Unprofessional conduct includes failure to comply with any federal, state, or municipal law, ordinance, rule, or regulation that pertains to the applicable profession.

Neb. Rev. Stat. §38-179(13)

The department shall enforce the Uniform Credentialing Act and for that purpose shall make necessary investigations. Every credential holder and every member of a board shall furnish the department such evidence as he or she may have relative to any alleged violation which is being investigated.

Neb. Rev. Stat. §38-1,124(1)