Section 172-5-002 - DEFINITIONSDefinitions set out in the Uniform Credentialing Act, the Wholesale Drug Distributor Licensing Act, 172 Nebraska Administrative Code (NAC) 10, and the following apply to this chapter.
002.01CONVICTION. A finding of guilt for a crime committed. Such finding may be made on a: (B) Non-jury trial before a court or other tribunal; or(C) Upon acceptance of a plea of guilty or no contest without trial.002.02EMPLOYMENT. Services performed for another for wages or salary, or under agreement or contract in partnership or association with other health care professionals.002.03FIRSTHAND KNOWLEDGE. Information or knowledge gleaned directly from the original source through use of the senses, such as an eyewitness.002.04GROSS INCOMPETENCE. An extreme deficiency on the part of an individual that connotes a lack of the basic knowledge and skill necessary to practice at the threshold level of competence.002.05HEALTH CARE PROFESSIONAL. A person regulated by the Department under the Uniform Credentialing Act or the Wholesale Drug Distributor Act.002.06PATTERN OF INCOMPETENT OR NEGLIGENT CONDUCT. Pattern of incompetent or negligent conduct has the meaning set out in Neb. Rev. Stat. § 38-177.002.07PAYMENT. Monetary compensation made by or on behalf of a health care professional due to acts or omissions of a health care professional in his or her personal or corporate capacity.002.08PEER REVIEW ORGANIZATION OR COMMITTEE. A professional society or committee or agency, including those at the national, state or local level, or a facility's peer review or utilization review committee or similar body, that engages in professional credentialing or quality review activities involving the competence of, professional conduct of, or quality of care provided by a health care professional through a formal peer review process to further quality of care or conducts any attendant hearing process initiated as a result of a peer review committee's recommendations or actions.002.09PERSON IN THE SAME PROFESSION. For purpose of this chapter, person in the same profession is a person who is regulated by the same Practice Act.002.10PERSON IN A DIFFERENT PROFESSION. For purpose of this chapter, person in a different profession is a person who is regulated by a different Practice Act.002.11PRACTICING WHILE IMPAIRED. Practicing while impaired with respect to the following includes:(A) Alcohol, controlled substances or narcotic drugs means demonstrating drug or alcohol use, which diminishes or otherwise impacts the ability to practice safely or competently;(B) A physical disability means engaging in practice of some or all of the essential functions or duties of a health care profession while the ability to do so safely or competently is diminished or otherwise impacted because of physical limitations; and(C) A mental or emotional disability means engaging in practice of some or all of the essential functions or duties of a health care profession while the ability to do so safely or competently is diminished or otherwise impacted due to a disorder of thought, mood, perception, orientation or memory.002.12PRIVILEGES. The authorization by a facility for a health care professional to provide health care services, including privileges and membership on the medical staff of the facility.002.13PROFESSIONAL ASSOCIATION, SOCIETY OR ORGANIZATION. Any organization of individual health care professionals who are required to obtain a credential or other legal authorization prior to performing a professional service.002.14PROFESSIONAL LIABILITY CLAIM OR CLAIM. A complaint or demand for payment based on a health care professional's provision of or failure to provide health care services, and includes complaints or demands made prior to suit and the filing of a cause of action based on the law of tort brought in any state or federal court or any adjudicative body or agency in the health care professional's personal or corporate capacity. 002.15SETTLEMENT. A settlement, as referred to in Neb. Rev. Stat. § 38-1,125, includes the provision of either money, devices, products or services by a health care professional to a patient or client in an amount that exceeds the total fee charged to a patient or a client to resolve a claim, including settlements made prior to the suit if the patient or client releases any professional liability claim against you. The date of the settlement for the purpose of this chapter is the date of release from the claim. A settlement does not include the following situations:(A) When a health care professional waives either all or part of an outstanding debt to resolve a patient's or client's claim;(B) When a health care professional refunds either all or part of a fee paid for services, products, or devices to resolve a patient's or client's claim; or(C) When a health care professional returns either all or part of any reimbursement to a third party payers for services, products, or devices provided to a patient or client to resolve a claim.172 Neb. Admin. Code, ch. 5, § 002
Amended effective 9/15/2020