The official site of the Nebraska Unicameral Legislature

LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 736

Introduced by Rountree, 3.
Read first time January 07, 2026
Committee: Health and Human Services
A BILL FOR AN ACT relating to public health and welfare; to amend1
sections 38-404 and 38-409, Revised Statutes Cumulative Supplement,2
2024, and section 38-131, Revised Statutes Supplement, 2025; to3
adopt the Athletic Trainer Compact; to provide for criminal4
background checks; to harmonize provisions; to provide an operative5
date; and to repeal the original sections. 6
Be it enacted by the people of the State of Nebraska,7
LB736
2026
LB736
2026
-1-
Section 1. The State of Nebraska adopts the Athletic Trainer1
Compact in the form substantially as follows: 2
SECTION 1. TITLE AND PURPOSE 3
This statute shall be known and cited as the Athletic Trainer4
Compact. The purposes of this compact are to expand mobility of Athletic5
Training practice and improve public access to services by providing6
qualified Licensed Athletic Trainers the ability to practice in other7
Member States. This compact preserves the regulatory authority of States8
to protect public health and safety through the current system of State9
licensure. 10
This compact is designed to achieve the following objectives:11
A. Increase public access to Athletic Training and enhance12
continuity of care by providing for the mutual recognition of other13
Licenses issued by Member States; 14
B. Provide an additional streamlined opportunity for interstate15
practice by Licensed Athletic Trainers who meet compact uniform16
requirements; 17
C. Promote mobility and workforce development by eliminating the18
necessity for Licenses in multiple States by providing for the mutual19
recognition of other Licenses issued by Member States;20
D. Reduce administrative burdens on Licensed Athletic Trainers and21
Member States; 22
E. Enhance the States' ability to protect the public's health and23
safety; 24
F. Encourage the cooperation of Member States in regulating25
interstate practice of Licensed Athletic Trainers;26
G. Support relocating Active Military Members and their spouses;27
H. Enhance the exchange of licensure, investigative, and28
disciplinary information among Member States; 29
I. Allow for the use of telehealth to facilitate increased access to30
Athletic Training services; 31
LB736
2026
LB736
2026
-2-
J. Support the uniformity of Licensed Athletic Trainer licensure1
requirements throughout the States; 2
K. Affirm the authority of all Member States to hold a Licensed3
Athletic Trainer accountable for abiding by the Scope of Practice in the4
State in which the patient is located at the time of care; and5
L. Require adherence to the Model Compact Language in order to6
promote uniformity and ensure that all Member States have accepted and7
are mutually obligated to the same terms. 8
SECTION 2. DEFINITIONS 9
As used in this compact, unless the context requires otherwise, the10
following definitions shall apply: 11
A. "Active Military Member" means any individual with full-time duty12
status in the active armed forces of the United States, including members13
of the National Guard and Reserve; 14
B. "Adverse Action" means any administrative, civil, equitable, or15
criminal action permitted by a State's laws which is imposed by a16
Licensing Authority or other authority against a Licensee, including17
actions against an individual's License or Compact Privilege such as18
revocation, suspension, probation, monitoring of the Licensee, limitation19
on the Licensee's practice, or any other Encumbrance on licensure20
affecting a Licensee's authorization to practice; 21
C. "Alternative Program" means a nondisciplinary monitoring or22
practice remediation process applicable to an Athletic Trainer approved23
by a State Licensing Authority of a Member State in which the Athletic24
Trainer is licensed. This includes, but is not limited to, programs to25
which Licensees with substance use, addiction, or mental health26
conditions are referred in lieu of Adverse Action;27
D. "Athletic Training" means the prevention, examination,28
assessment, treatment, and rehabilitation of emergent, acute, or chronic29
injuries and medical conditions as defined by applicable Member State30
laws and regulations; 31
LB736
2026
LB736
2026
-3-
E. "Athletic Trainer Compact Commission" or "Compact Commission"1
means the government agency whose membership consists of all States that2
have enacted this compact, as described herein and which shall operate as3
an instrumentality of the Member States to administer and implement the4
compact according to its terms; 5
F. "BOC" means the Board of Certification, Inc. or any successor6
organization thereto; 7
G. "CAATE" means the Commission on Accreditation of Athletic8
Training Education or any successor organization thereto;9
H. "Charter Member State" means any Member State which enacted and10
made effective this compact by law before the compact effective date11
specified herein; 12
I. "Commissioner" means the individual appointed by a Member State13
to serve as the member of the Commission for that Member State;14
J. "Compact Privilege" means the legal authorization granted by a15
Remote State, equivalent to a License, allowing a Licensee from another16
Member State to provide Athletic Training services in a Remote State;17
K. "Compact Qualifying License" means a License that is not an18
Encumbered License issued by a Member State to practice Athletic Training19
which qualifies the Licensee to exercise a Compact Privilege pursuant to20
Section 4 of this compact; 21
L. "Continuing Competence" means a requirement, as a condition of22
License renewal, to provide evidence of successful participation, and23
completion of, educational and professional activities relevant to24
practice or area of work. For purposes of this compact, evidence of25
active BOC certification may satisfy the meaning of Continuing Competence26
as set forth herein; 27
M. "Current Significant Investigative Information" means the28
existence of: 29
1. Investigative Information that a Licensing Authority, after a30
preliminary inquiry that includes notification and an opportunity for the31
LB736
2026
LB736
2026
-4-
subject Licensee to respond, if required by State law, has reason to1
believe is not groundless and, if proven true, would indicate more than a2
minor infraction; or 3
2. Investigative Information that indicates that the subject4
Licensee represents an immediate threat to public health and safety5
regardless of whether the subject Licensee has been notified and had an6
opportunity to respond; 7
N. "Criminal Background Check" means the submission of fingerprints8
or other biometric-based information for a License applicant for the9
purpose of obtaining that applicant's criminal history record10
information, as defined in 28 C.F.R. 20.3(d) from the Federal Bureau of11
Investigation and the State's criminal history record repository as12
defined in 28 C.F.R. 20.3(f); 13
O. "Data System" means the Commission's repository of information14
about Licensees, including, but not limited to, examination, licensure,15
investigative, Compact Privilege, Adverse Action, and Alternative16
Program; 17
P. "Encumbrance" or "Encumbered" means a revocation or suspension18
of, or any limitation or condition on, the full and unrestricted practice19
of Athletic Training; 20
Q. "Executive Committee" means a group of Commissioners elected or21
appointed to act on behalf of, and within the powers granted to them by,22
the compact and Commission; 23
R. "Investigative Information" means information, records, and24
documents received or generated by a Licensing Authority pursuant to an25
investigation; 26
S. "Jurisprudence Requirement" means the assessment of an27
individual's knowledge of the laws and Rules governing the practice of28
Athletic Training, as applicable, in a State; 29
T. "License" means current authorization by a Member State to engage30
in the practice of Athletic Training; 31
LB736
2026
LB736
2026
-5-
U. "Licensee" or "Licensed Athletic Trainer" means an individual who1
currently holds an active, unrestricted License and who meets all of the2
requirements outlined in Section 4 of this compact;3
V. "Licensing Authority" means the board or agency of a State, or4
equivalent, that is responsible for the licensing and regulation of5
Athletic Trainers; 6
W. "Model Compact Language" means the model language for the7
Athletic Trainer Compact on file with The Council of State Governments or8
other entity as designated by the Commission to which all Member States9
must substantively adhere and adopt; 10
X. "Member State" means a State that has enacted the compact;11
Y. "Remote State" means a Member State other than the State of12
Qualifying Licensure; 13
Z. "Rule" means a regulation promulgated by an authorized entity14
that has the force of law; 15
AA. "Scope of Practice" means the procedures, actions, and processes16
an Athletic Trainer licensed in a State is permitted to undertake in that17
State and the circumstances under which the Licensee is permitted to18
undertake those procedures, actions, and processes. Such procedures,19
actions, and processes and the circumstances under which they may be20
undertaken may be established through means, including, but not limited21
to, statute, regulations, case law, and other processes available to the22
State Licensing Authority or other government agency. Scope of Practice23
shall include any State requirements regarding supervision or direction,24
if required by such State and as further defined by such State's statutes25
and regulations; 26
BB. "Single-State License" means a License issued by any State that27
authorizes practice only within the issuing State;28
CC. "State" means any state, commonwealth, district, or territory of29
the United States of America; 30
DD. "State of Qualifying Licensure" means the Member State that has31
LB736
2026
LB736
2026
-6-
issued a Compact Qualifying License to a Licensee pursuant to this1
compact; and 2
EE. "Unencumbered License" means a License that authorizes a3
Licensee to engage in the full and unrestricted practice of Athletic4
Training. 5
SECTION 3. STATE PARTICIPATION IN THE COMPACT 6
A. To be eligible to join this compact and to maintain eligibility7
as a Member State, a State must: 8
1. Enact and maintain a statute that is not materially different9
from the Model Compact Language; 10
2. License and regulate the practice of Athletic Training;11
3. Require that Licensees in that State maintain Continuing12
Competence standards as part of their State practice act or Rules;13
4. Have a mechanism in place for receiving and investigating14
complaints about Licensees; 15
5. Grant the Compact Privilege to a Licensee who meets all the16
requirements outlined in Section 4 of this compact in accordance with the17
terms of the compact and any Rules promulgated thereunder;18
6. Participate fully in the Compact Commission's Data System,19
including using the unique identifier as defined in Rules;20
7. Notify the Compact Commission, in compliance with the terms of21
the compact and Rules, of any Adverse Action or the availability of22
Current Significant Investigative Information regarding a Licensee;23
8. Within a time frame established by Rule, implement or utilize24
procedures for considering the criminal history records of applicants for25
a Compact Qualifying License which includes receiving the results of the26
Federal Bureau of Investigation record search and shall use those results27
in making licensure decisions. These procedures shall include the28
submission of fingerprints or other biometric-based information by29
applicants for the purpose of obtaining an applicant's criminal history30
record information from the Federal Bureau of Investigation and the31
LB736
2026
LB736
2026
-7-
agency responsible for retaining that State's criminal records;1
a. A Member State must fully implement a Criminal Background Check2
requirement in order to participate in the issuance and acceptance of3
Compact Privileges; and 4
b. Communication between a Member State and the Compact Commission5
or among Member States regarding the verification of eligibility for6
licensure through the compact shall not include any information received7
from the Federal Bureau of Investigation relating to a federal criminal8
records check performed by a Member State; and 9
9. Comply with and enforce the Rules of the Compact Commission.10
B. Member States may set and collect a fee for issuance and renewal11
of a Compact Privilege to applicants. 12
C. Individuals without a Compact Qualifying License shall continue13
to be able to apply for a Member State's Single-State License as provided14
under the laws of each Member State. 15
D. Nothing in this compact shall affect the requirements established16
by a Member State for the issuance of a Single-State License.17
E. A Compact Qualifying License shall be recognized by each Remote18
State as authorizing that Licensee to engage in the practice of Athletic19
Training, under a Compact Privilege, in another Member State in20
accordance with the requirements in Section 4 of this compact.21
SECTION 4. COMPACT PRIVILEGE 22
A. To be eligible for a Compact Privilege under the terms and23
provisions of the compact, the Licensee shall complete a Criminal24
Background Check performed by the Licensing Authority in the State of25
Qualifying Licensure prior to entry in the compact and shall:26
1. Satisfy one of the following two pathways:27
a. Hold a valid current active certification through the BOC, or its28
successor organization; or 29
b. If a Licensee does not meet the requirements of subsection30
4.A.1.a., the following must be completed: 31
LB736
2026
LB736
2026
-8-
i. An education program which is one of the following:1
1. At least a bachelor's degree with a major course of study in2
Athletic Training, or an equivalent course of study from a college or3
university accredited at the time of graduation by CAATE, or its4
successor organization; 5
2. An academic degree from a college or university in a foreign6
country equivalent to the degree described in subparagraph 1 of this7
subsection with a major course of study as described in subparagraph 1 of8
this subsection that is accredited by CAATE, or its successor9
organization; or 10
3. The substantial equivalent of the foregoing which the Commission11
may determine by Rule; and 12
ii. Successful completion of the exam administered by the BOC, or13
its successor organization, preceding the date of the Licensee's14
application for licensure in their State of Qualifying Licensure or the15
substantial equivalent of the foregoing requirement which the Commission16
may determine by Rule. 17
2. Hold a Compact Qualifying License; 18
3. Have not had any Encumbrance against any License or Compact19
Privilege to practice Athletic Training within the previous two years;20
4. Be eligible for a Compact Privilege in any Member State in21
accordance with Section 4 of this compact; 22
5. Notify the Compact Commission that the Licensee is seeking the23
Compact Privilege within a Remote State; 24
6. Pay any applicable fees, including any State fee, for the Compact25
Privilege; 26
7. Meet only the Continuing Competence requirements established by27
the State of Qualifying Licensure; 28
8. Comply with any requirements of the State of Qualifying Licensure29
as set forth in Section 3 of this compact; 30
9. Meet any Jurisprudence Requirements established by the Remote31
LB736
2026
LB736
2026
-9-
State in which the Licensee is seeking a Compact Privilege; and1
10. Report to the Compact Commission any Adverse Action,2
Encumbrance, or restriction on a License taken by any non-Member State3
within thirty days from the date the action is taken.4
B. The Compact Privilege is valid until the expiration date of the5
Compact Qualifying License. To maintain a Compact Privilege, renewal of6
the Compact Privilege shall be congruent with the renewal of the Compact7
Qualifying License as the Compact Commission may define by Rule. The8
Licensee must comply with the requirements of this section to maintain9
the Compact Privilege in the Remote State. A Licensee may apply for and10
hold Compact Privileges in multiple Member States.11
C. A Licensed Athletic Trainer must follow the Scope of Practice of12
the Member State where the patient is located. A Licensee engaging in the13
practice of Athletic Training in a Remote State under the Compact14
Privilege shall adhere to the Scope of Practice laws and regulations of15
the Remote State. Licensees shall be responsible for educating themselves16
on, and complying with, any and all Scope of Practice laws and17
regulations and State laws relating to the remote practice of Athletic18
Training, as applicable. 19
D. A Licensee engaging in the practice of Athletic Training in a20
Remote State is subject to that State's regulatory authority. A Remote21
State may, in accordance with due process and that State's laws, remove a22
Licensee's Compact Privilege in the Remote State for a specific period of23
time, impose fines, or take any other necessary actions to protect the24
health and safety of its citizens. Any Member State which undertakes such25
an action shall promptly notify the Member State and the Commission as26
specified in the Rules. The Licensee may be deemed to be ineligible to27
exercise the Compact Privilege by any Member State until the specific28
time for removal has passed and all fines are paid.29
E. All Member State disciplinary orders that impose Adverse Action30
against a Compact Qualifying License shall result in deactivation of the31
LB736
2026
LB736
2026
-10-
Licensee's Compact Privilege in all Member States during the pendency of1
the order. If a Compact Qualifying License is Encumbered, the Licensee2
shall lose the Compact Privilege in any Remote State until the following3
occur: 4
1. The Compact Qualifying License is no longer Encumbered; and5
2. The Licensee has not had any Encumbrance or restriction against6
any License, Compact Qualifying License, or Compact Privilege within the7
previous two years. 8
F. Once an Encumbered License is restored to good standing as a9
Compact Qualifying License (as certified by the Licensing Authority) the10
Licensee must meet the requirements of this section to obtain a Compact11
Privilege in any Remote State. 12
G. If a Licensee's Compact Privilege in any Remote State is removed,13
that Licensee may also lose the Compact Privilege in other Remote States,14
as each Member State shall determine in its sole authority, until the15
following occur: 16
1. The specific period of time for which the Compact Privilege was17
removed has ended; 18
2. All fines have been paid; and 19
3. Have not had any Encumbrance or restriction against any License20
or Compact Privilege within the previous two years.21
H. Once the requirements of Section 4.G have been met, the Licensee22
must meet the requirements in Section 4.A to obtain a Compact Privilege23
in a Remote State. 24
SECTION 5. COMPACT QUALIFYING LICENSE 25
A. A Licensee may only designate one License as their Compact26
Qualifying License at a time. The procedures for such designation may be27
further defined by Compact Commission Rule. 28
B. Nothing in this Section shall require that the State of29
Qualifying Licensure be the State of primary residence or State of30
primary practice for the Licensee. 31
LB736
2026
LB736
2026
-11-
C. Nothing in this compact shall interfere with a Licensee's ability1
to hold a Single-State License in multiple States. 2
D. Nothing in this compact shall affect the requirements established3
by a Member State for the issuance of a Single-State License.4
SECTION 6. ACTIVE MILITARY MEMBER OR THEIR SPOUSES5
An Active Military Member or their spouse shall not be required to6
pay a fee to the Commission for a Compact Privilege. If a Member State7
chooses to charge a Member State fee, it may choose to charge a reduced8
fee or no fee to an Active Military Member or their spouse for a Compact9
Privilege. 10
SECTION 7. ADVERSE ACTIONS 11
A. A Member State in which a Licensee is issued a Compact Qualifying12
License shall have the exclusive authority to impose Adverse Action13
against the Compact Qualifying License issued by that Member State.14
B. A Member State may take Adverse Action based on Current15
Significant Investigative Information of a Remote State, so long as the16
Member State follows its own procedures for imposing Adverse Action.17
C. Nothing in this compact shall override a Member State's decision18
that participation in an Alternative Program may be used in lieu of19
Adverse Action and that such participation shall remain non-public if20
required by the Member State's laws or Rules. 21
D. A Remote State shall have the authority to:22
1. Take Adverse Actions as set forth herein against a Licensee's23
Compact Privilege in that State; and 24
2. Issue subpoenas for both hearings and investigations that require25
the attendance and testimony of witnesses as well as the production of26
evidence. 27
a. Subpoenas may be issued by a Member State Athletic Training28
Licensing Authority for the attendance and testimony of witnesses and the29
production of evidence. 30
b. A Member State which issues a subpoena may request service of31
LB736
2026
LB736
2026
-12-
that subpoena by another Member State. The Member State receiving the1
request to serve a subpoena shall serve the subpoena if it is deemed2
enforceable by a court of competent jurisdiction according to the3
practice and procedure in the receiving Member State.4
c. The issuing authority shall pay any witness fees, travel5
expenses, mileage, and other fees required by the service statutes of the6
State where the witnesses or evidence are located. 7
E. For purposes of taking Adverse Action, a Member State shall give8
the same priority and effect to reported conduct received from another9
Member State as it would if the conduct had occurred within that State.10
In so doing, the investigating Member State shall apply its own State11
laws to determine appropriate action. 12
F. A Member State, if otherwise permitted by State law, may recover13
from the affected Licensee the costs of investigations and dispositions14
of cases resulting from any Adverse Action taken against that Licensee.15
G. Joint Investigations: 16
1. In addition to the authority granted to a Member State by its17
respective State law, any Member State may participate with other Member18
States in joint investigations of Licensees. 19
2. Member States shall share any Current Significant Investigative20
Information, litigation, or compliance materials in furtherance of any21
joint or individual investigation initiated under the compact. In sharing22
such information between Member State Athletic Trainer Licensing23
Authorities, all information obtained shall be kept confidential, except24
as otherwise mutually agreed upon by the sharing and receiving Member25
States. 26
3. A Remote State may issue subpoenas on behalf of a Member State27
for both hearings and investigations that require the attendance and28
testimony of witnesses as well as the production of evidence.29
H. If a Member State takes Adverse Action, it shall promptly notify30
the administrator of the Data System. The administrator of the Data31
LB736
2026
LB736
2026
-13-
System shall promptly notify all Member States of any Adverse Actions by1
Remote States. 2
I. Nothing in this compact may permit a Member State to take any3
Adverse Action against a Licensee or holder of a Compact Privilege for4
conduct or practice occurring in another Member State that was legal in5
the Member State at the time it was undertaken. 6
SECTION 8. ESTABLISHMENT AND OPERATION OF THE COMMISSION7
A. The compact Member States hereby create and establish a joint8
government agency whose membership consists of all Member States that9
have enacted the compact known as the Athletic Trainer Licensure Compact10
Commission. The Compact Commission is an instrumentality of the Member11
States acting jointly and not an instrumentality of any one State. The12
Compact Commission shall come into existence on or after the effective13
date of the compact as set forth in Section 12 of this compact.14
B. Membership, Voting, and Meetings 15
1. Each Member State shall have and be limited to one Commissioner16
selected by that Member State's Licensing Authority within sixty days of17
the Member State's effective date. 18
2. The Commissioner shall be an administrator or their designated19
staff or current board member of the Licensing Authority.20
3. The Compact Commission may recommend removal or suspension of any21
Commissioner from office. 22
4. A Member State's Licensing Authority shall fill any vacancy of23
its Commissioner occurring on the Compact Commission within sixty days of24
the vacancy. 25
5. Each Commissioner shall be entitled to one vote on all matters26
before the Compact Commission requiring a vote by the Commissioners.27
6. The Compact Commission shall meet at least once during each28
calendar year. Additional meetings may be held as set forth in the29
Commission bylaws. A Commissioner shall vote in person or by such other30
means as provided in the bylaws. The bylaws may provide for Commissioners31
LB736
2026
LB736
2026
-14-
to meet by telecommunication, videoconference, or other means of1
communication. 2
C. The Compact Commission shall have the following powers:3
1. Promulgate, adopt, and amend Rules and bylaws;4
2. Establish code of conduct, confidentiality, and conflict of5
interest policies for Commissioners; 6
3. Establish the fiscal year of the Compact Commission;7
4. Maintain its financial records in accordance with the bylaws;8
5. Purchase and maintain insurance and insurance bonds;9
6. Accept, or contract for services of personnel, including, but not10
limited to, employees of a Member State; 11
7. Conduct a financial review or audit; 12
8. Hire employees, elect or appoint officers, fix compensation,13
define duties, grant such individuals appropriate authority to carry out14
the purposes of the compact, and establish the Compact Commission's15
personnel policies and programs relating to conflicts of interest,16
qualifications of personnel, and other related personnel matters;17
9. Enter into contracts or arrangements for the management of the18
affairs of the Commission; 19
10. Assess and collect fees; 20
11. Accept any and all appropriate gifts, donations, grants of21
money, other sources of revenue, equipment, supplies, materials, and22
services, and receive, utilize, and dispose of the same; provided that at23
all times the Compact Commission shall avoid any appearance of24
impropriety or conflict of interest; 25
12. Lease, purchase, retain, own, hold, improve, invest, or use any26
property, real, personal, or mixed, or any undivided interest therein;27
13. Sell, convey, mortgage, pledge, lease, exchange, abandon, or28
otherwise dispose of any property real, personal, or mixed;29
14. Establish a budget and make expenditures;30
15. Borrow and invest money; 31
LB736
2026
LB736
2026
-15-
16. Meet and take such actions as are consistent with the provisions1
of this compact, the Compact Commission's Rules, and the bylaws;2
17. Initiate and conclude legal proceedings or actions in the name3
of the Compact Commission, provided that the standing of any Licensing4
Authority to sue or be sued under applicable law shall not be affected;5
18. Maintain and certify records and information provided to a6
Member State as the authenticated business records of the Compact7
Commission, and designate an agent to do so on the Compact Commission's8
behalf; 9
19. Provide and receive information from, and cooperate with, law10
enforcement agencies; 11
20. Determine whether a State's adopted language is materially12
different from the Model Compact Language such that the State would not13
qualify for participation in the compact; 14
21. Establish and elect an Executive Committee, including a chair15
and a vice chair, secretary, treasurer, and such other offices as the16
Commission shall establish by Rule or bylaw; 17
22. Appoint committees, including standing committees, composed of18
Member State Commissioners, State regulators, State legislators or their19
representatives, and consumer representatives, and such other interested20
persons as may be designated in this compact and the bylaws; and21
23. Perform such other functions as may be necessary or appropriate22
to achieve the purposes of this compact. 23
D. The Executive Committee 24
1. The Executive Committee shall have the power to act on behalf of25
the Compact Commission according to the terms of this compact. The26
powers, duties, and responsibilities of the Executive Committee shall27
include: 28
a. Exercise the powers and duties of the Compact Commission during29
the interim between Compact Commission meetings, except for adopting or30
amending Rules, adopting or amending bylaws, and exercising any other31
LB736
2026
LB736
2026
-16-
powers and duties expressly reserved to the Compact Commission by Rule or1
bylaw; 2
b. Oversee the day-to-day activities of the administration of the3
compact including enforcement and compliance with the provisions of the4
compact, its Rules and bylaws, and other such duties as deemed necessary;5
c. Recommend to the Compact Commission changes to the Rules or6
bylaws, changes to this compact legislation, fees charged to compact7
Member States, fees charged to Licensees, and other fees;8
d. Ensure compact administration services are appropriately9
provided, including by contract; 10
e. Prepare and recommend the budget; 11
f. Maintain financial records on behalf of the Compact Commission;12
g. Monitor compact compliance of Member States and provide13
compliance reports to the Compact Commission; 14
h. Establish additional committees as necessary; and15
i. Other duties as provided in the Rules or bylaws of the Compact16
Commission. 17
2. The Executive Committee shall be composed of five voting members,18
elected by the Compact Commission: 19
a. The chair and vice chair of the Compact Commission shall be20
voting members of the Executive Committee; 21
b. The Compact Commission shall elect up to three additional voting22
members from the current membership of the Compact Commission to include23
the offices of treasurer, secretary, and one member-at-large; and24
c. Up to four ex officio, nonvoting members from recognized national25
athletic trainer organizations. 26
3. The Compact Commission may remove any member of the Executive27
Committee as provided in the Compact Commission's bylaws.28
4. The Executive Committee shall meet at least annually:29
a. Executive Committee meetings shall be open to the public, except30
that the Executive Committee may meet in a closed, non-public meeting as31
LB736
2026
LB736
2026
-17-
provided in this Section. 1
b. The Executive Committee shall give advance notice of its2
meetings, posted on its website and as determined by Rule or bylaw to3
provide notice to persons with an interest in the business of the Compact4
Commission. 5
c. The Executive Committee may hold a special meeting in accordance6
with this section. 7
E. The Compact Commission shall adopt and provide to the Member8
States an annual report. 9
F. Meetings of the Compact Commission: 10
1. All meetings shall be open to the public, except that the Compact11
Commission may meet in a closed, non-public meeting as provided in this12
section. 13
2. Public notice for all meetings of the full Compact Commission14
shall be given in the same manner as required under the rulemaking15
provisions in this compact, except that the Compact Commission may hold a16
special meeting as provided in this section. 17
3. The Compact Commission may hold a special meeting when it must18
meet to conduct emergency business by giving twenty-four hours' notice to19
all Commissioners, on the Compact Commission's website, and by other20
means as provided in the Compact Commission's Rules. The Compact21
Commission's legal counsel shall certify that the Compact Commission's22
need to meet qualifies as an emergency. 23
4. The Compact Commission or the Executive Committee or other24
committees of the Compact Commission may convene in a closed, non-public25
meeting for the Compact Commission or Executive Committee or other26
committees of the Compact Commission to receive legal advice or to27
discuss: 28
a. Non-compliance of a Member State with its obligations under the29
compact; 30
b. The employment, compensation, discipline, or other matters,31
LB736
2026
LB736
2026
-18-
practices, or procedures related to specific employees;1
c. Current or threatened discipline of a Licensee by a Member2
State's Licensing Authority; 3
d. Current, threatened, or reasonably anticipated litigation;4
e. Negotiation of contracts for the purchase, lease, or sale of5
goods, services, or real estate; 6
f. Accusing any person of a crime or formally censuring any person;7
g. Trade secrets or commercial or financial information that is8
privileged or confidential; 9
h. Information of a personal nature where disclosure would10
constitute a clearly unwarranted invasion of personal privacy;11
i. Investigative records compiled for law enforcement purposes;12
j. Information related to any investigative reports prepared by or13
on behalf of or for use of the Compact Commission or other committee14
charged with responsibility of investigation or determination of15
compliance issues pursuant to the compact; 16
k. Matters specifically exempted from disclosure by federal or17
Member State law; or 18
l. Other matters as specified in Rules of the Compact Commission.19
5. If a meeting, or portion of a meeting, is closed, the Compact20
Commission's legal counsel or designee shall certify that the meeting21
will be closed and reference each relevant exempting provision, and such22
reference shall be recorded in the minutes. All minutes and documents of23
a closed meeting shall remain under seal, subject to release only by a24
majority vote of the Compact Commission or order of a court of competent25
jurisdiction. 26
G. Financing of the Compact Commission: 27
1. The Compact Commission shall pay, or provide for the payment of,28
the reasonable expenses of its establishment, organization, and ongoing29
activities. 30
2. The Compact Commission may accept any and all appropriate revenue31
LB736
2026
LB736
2026
-19-
sources as provided in this section. 1
3. The Compact Commission may levy on and collect an annual2
assessment from each Member State and impose fees on Licensees of Member3
States to whom it grants a Compact Privilege to cover the cost of the4
operations and activities of the Compact Commission and its staff, which5
must be in a total amount sufficient to cover its annual budget as6
approved each year for which revenue is not provided by other sources.7
The aggregate annual assessment amount for Member States shall be8
allocated based upon a formula that the Compact Commission shall9
promulgate by Rule. 10
4. The Compact Commission shall not incur obligations of any kind11
prior to securing the funds or a loan adequate to meet the same; nor12
shall the Compact Commission pledge the credit of any of the Member13
States, except by and with the authority of the Member State.14
5. The Compact Commission shall keep accurate accounts of all15
receipts and disbursements. The receipts and disbursements of the Compact16
Commission shall be subject to the financial review or audit and17
accounting procedures established under its bylaws. However, all receipts18
and disbursements of funds handled by the Compact Commission shall be19
subject to an annual financial review or audit by a certified or licensed20
public accountant, and the report of the financial review or audit shall21
be included in and become part of the annual report of the Compact22
Commission. 23
H. Qualified Immunity, Defense, and Indemnification:24
1. The members, officers, executive director, employees, and25
representatives of the Compact Commission shall be immune from suit and26
liability, both personally and in their official capacity, for any claim27
for damage to or loss of property or personal injury or other civil28
liability caused by or arising out of any actual or alleged act, error,29
or omission that occurred, or that the person against whom the claim is30
made had a reasonable basis for believing occurred within the scope of31
LB736
2026
LB736
2026
-20-
Compact Commission employment, duties, or responsibilities; provided that1
nothing in this paragraph shall be construed to protect any such person2
from suit or liability for any damage, loss, injury, or liability caused3
by the intentional or willful or wanton misconduct of that person. The4
procurement of insurance of any type by the Compact Commission shall not5
in any way compromise or limit the immunity granted hereunder.6
2. The Compact Commission shall defend any member, officer,7
executive director, employee, and representative of the Compact8
Commission in any civil action seeking to impose liability arising out of9
any actual or alleged act, error, or omission that occurred within the10
scope of Compact Commission employment, duties, or responsibilities, or11
as determined by the Compact Commission that the person against whom the12
claim is made had a reasonable basis for believing occurred within the13
scope of Compact Commission employment, duties, or responsibilities;14
provided that nothing herein shall be construed to prohibit that person15
from retaining their own counsel at their own expense; and provided16
further, that the actual or alleged act, error, or omission did not17
result from that person's intentional or willful or wanton misconduct.18
3. The Compact Commission shall indemnify and hold harmless any19
member, officer, executive director, employee, and representative of the20
Compact Commission for the amount of any settlement or judgment obtained21
against that person arising out of any actual or alleged act, error, or22
omission that occurred within the scope of Compact Commission employment,23
duties, or responsibilities, or that such person had a reasonable basis24
for believing occurred within the scope of Compact Commission employment,25
duties, or responsibilities, provided that the actual or alleged act,26
error, or omission did not result from the intentional or willful or27
wanton misconduct of that person. 28
4. Nothing herein shall be construed as a limitation on the29
liability of any Licensee for professional malpractice or misconduct,30
which shall be governed solely by any other applicable State laws.31
LB736
2026
LB736
2026
-21-
5. Nothing in this compact shall be interpreted to waive or1
otherwise abrogate a Member State's state action immunity or state action2
affirmative defense with respect to antitrust claims under the Sherman3
Act, Clayton Act, or any other State or federal antitrust or4
anticompetitive law or regulation. 5
6. Nothing in this compact shall be construed to be a waiver of6
sovereign immunity by the Member States or by the Compact Commission.7
SECTION 9. DATA SYSTEM 8
A. The Commission shall provide for the development, maintenance,9
operation, and utilization of a coordinated Data System and reporting10
system containing licensure, Compact Privileges, Adverse Action, and the11
presence of Current Significant Investigative Information on all12
Licensees and applicants for a License in Member States.13
B. Notwithstanding any other provision of State law to the contrary,14
a Member State shall submit a uniform data set to the Data System on all15
Licensees, applicants, and others to whom this compact is applicable as16
required by the Rules of the Compact Commission, including:17
1. Personally identifying information; 18
2. Licensure data; 19
3. Adverse Actions against a Licensee, License applicant, or Compact20
Privilege and information related thereto; 21
4. Non-confidential information related to Alternative Program22
participation, the beginning and ending dates of such participation, and23
other information related to such participation; 24
5. Any denial of an application for licensure, and the reason for25
such denial, excluding the reporting of any criminal history record26
information where prohibited by law; 27
6. A binary determination regarding the presence of Current28
Significant Investigative Information; and 29
7. Other information that may facilitate the administration of this30
compact or the protection of the public, as determined by the Rules of31
LB736
2026
LB736
2026
-22-
the Commission. 1
C. The records and information provided to a Member State pursuant2
to this compact or through the Data System, when certified by the3
Commission or an agent thereof, shall constitute the authenticated4
business records of the Commission, and shall be entitled to any5
associated hearsay exception in any relevant judicial, quasi-judicial, or6
administrative proceedings in a Member State. 7
D. Current Significant Investigative Information pertaining to a8
Licensee in any Member State will only be available to other Member9
States. 10
E. It is the responsibility of the Member States to monitor the Data11
System to determine whether Adverse Action has been taken against a12
Licensee or License applicant. Adverse Action information pertaining to a13
Licensee or License applicant in any Member State will be available to14
any other Member State. 15
F. Member States contributing information to the Data System may16
designate information that may not be shared with the public without the17
express permission of the contributing State. 18
G. Any information submitted to the Data System that is subsequently19
expunged pursuant to federal law or the laws of the Member State20
contributing the information shall be removed from the Data System.21
SECTION 10. RULEMAKING 22
A. The Compact Commission shall promulgate reasonable Rules in order23
to effectively and efficiently implement and administer the purposes and24
provisions of the compact. A Rule shall be invalid and have no force or25
effect only if a court of competent jurisdiction holds that the Rule is26
invalid because the Compact Commission exercised its rulemaking authority27
in a manner that is beyond the scope and purposes of the compact, or the28
powers granted hereunder, or based upon another applicable standard of29
review. 30
B. The Rules of the Compact Commission shall have the force of law31
LB736
2026
LB736
2026
-23-
in each Member State, provided however that where the Rules conflict with1
the laws or regulations of a Member State that relate to the Scope of2
Practice a Licensed Athletic Trainer is permitted to undertake in that3
State and the circumstances under which they may do so, as held by a4
court of competent jurisdiction, the Rules of the Compact Commission5
shall be ineffective in that State to the extent of the conflict.6
C. The Compact Commission shall exercise its rulemaking powers7
pursuant to the criteria set forth in this section and the Rules adopted8
thereunder. Rules of this compact shall become binding on the day9
following adoption or as of the date specified in the Rule or amendment,10
whichever is later. 11
D. If a majority of the legislatures of the Member States rejects a12
Rule or portion of a Rule, by enactment of a statute or resolution in the13
same manner used to adopt the compact within four years of the date of14
adoption of the Rule, then such Rule shall have no further force and15
effect in any Member State. 16
E. Rules shall be adopted at a regular or special meeting of the17
Compact Commission. 18
F. Prior to adoption of a proposed Rule, the Compact Commission19
shall hold a public hearing and allow persons to provide oral and written20
comments, data, facts, opinions, and arguments. At least thirty days in21
advance of the public hearing on the proposed Rule, the Compact22
Commission shall provide a notice of proposed rulemaking:23
1. On the website of the Compact Commission or other publicly24
accessible platform; 25
2. To persons who have requested notice of the Compact Commission's26
notices of proposed rulemaking; and 27
3. In such other ways as the Compact Commission may by Rule specify.28
G. The notice of proposed rulemaking shall include:29
1. The time, date, and location of the public hearing at which the30
Compact Commission will hear public comments on the proposed Rule and, if31
LB736
2026
LB736
2026
-24-
different, the time, date, and location of the meeting where the Compact1
Commission will consider and vote on the proposed Rule;2
2. If the hearing is held via telecommunication, video conference,3
or other electronic means, the Compact Commission shall include the4
mechanism for access to the hearing in the notice of proposed rulemaking;5
3. The text of the proposed Rule and the reason therefor;6
4. A request for comments on the proposed Rule from any interested7
person; and 8
5. The manner in which interested persons may submit written9
comments. 10
H. All hearings will be recorded. A copy of the recording and all11
written comments and documents received by the Compact Commission in12
response to the proposed Rule shall be available to the public.13
I. Nothing in this section shall be construed as requiring a14
separate hearing on each Rule. Rules may be grouped for the convenience15
of the Compact Commission at hearings required by this section.16
J. The Compact Commission shall, by majority vote of all members,17
take final action on the proposed Rule based on the rulemaking record and18
the full text of the Rule. 19
1. The Compact Commission may adopt changes to the proposed Rule20
provided the changes do not enlarge the original purpose of the proposed21
Rule. 22
2. The Compact Commission shall provide an explanation of the23
reasons for substantive changes made to the proposed Rule as well as24
reasons for substantive changes not made that were recommended by25
commenters. 26
3. The Compact Commission shall determine a reasonable effective27
date for the Rule. Except for an emergency as provided in this section,28
the effective date of the Rule shall be no sooner than thirty days after29
issuing the notice that it adopted or amended the Rule.30
K. Upon determination that an emergency exists, the Compact31
LB736
2026
LB736
2026
-25-
Commission may consider and adopt an emergency Rule with twenty-four1
hours' notice, with opportunity to comment, provided that the usual2
rulemaking procedures provided in the compact and in this section shall3
be retroactively applied to the Rule as soon as reasonably possible, in4
no event later than ninety days after the effective date of the Rule. For5
the purposes of this provision, an emergency Rule is one that must be6
adopted immediately in order to: 7
1. Meet an imminent threat to public health, safety, or welfare;8
2. Prevent a loss of Compact Commission or Member State funds;9
3. Meet a deadline for the promulgation of a Rule that is10
established by federal law or rule; or 11
4. Protect public health and safety. 12
L. The Compact Commission or an authorized committee of the Compact13
Commission may direct revisions to a previously adopted Rule for purposes14
of correcting typographical errors, errors in format, errors in15
consistency, or grammatical errors. Public notice of any revisions shall16
be posted on the website of the Compact Commission. The revisions shall17
be subject to challenge by any person for a period of thirty days after18
posting. A revision may be challenged only on grounds that the revision19
results in a material change to a Rule. A challenge shall be made in20
writing and delivered to the Compact Commission prior to the end of the21
notice period. If no challenge is made, the revision will take effect22
without further action. If the revision is challenged, the revision may23
not take effect without the approval of the Compact Commission.24
M. No Member State's rulemaking requirements shall apply under this25
compact. 26
SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT27
A. Oversight: 28
1. The executive and judicial branches of State government in each29
Member State shall enforce this compact and take all actions necessary30
and appropriate to implement the compact. 31
LB736
2026
LB736
2026
-26-
2. Except as otherwise provided in this compact, venue is proper and1
judicial proceedings by or against the Compact Commission shall be2
brought solely and exclusively in a court of competent jurisdiction where3
the principal office of the Compact Commission is located. The Compact4
Commission may waive venue and jurisdictional defenses to the extent it5
adopts or consents to participate in alternative dispute resolution6
proceedings. Nothing herein shall affect or limit the selection or7
propriety of venue in any action against a Licensee for professional8
malpractice, misconduct or any such similar matter.9
3. The Compact Commission shall be entitled to receive service of10
process in any proceeding regarding the enforcement or interpretation of11
the compact and shall have standing to intervene in such a proceeding for12
all purposes. Failure to provide the Compact Commission service of13
process shall render a judgment or order void as to the Compact14
Commission, this compact, or promulgated Rules. 15
B. Default, Technical Assistance, and Termination:16
1. If the Compact Commission determines that a Member State has17
defaulted in the performance of its obligations or responsibilities under18
this compact or the promulgated Rules, the Commission shall provide19
written notice to the defaulting State. The notice of default shall20
describe the default, the proposed means of curing the default, and any21
other action that the Compact Commission may take, and shall offer22
training and specific technical assistance regarding the default.23
2. The Compact Commission shall provide a copy of the notice of24
default to the other Member States. 25
C. If a State in default fails to cure the default, the defaulting26
State may be terminated from the compact upon an affirmative vote of a27
majority of the Commissioners of the Member States, and all rights,28
privileges and benefits conferred on that State by this compact may be29
terminated on the effective date of termination. A cure of the default30
does not relieve the offending State of obligations or liabilities31
LB736
2026
LB736
2026
-27-
incurred during the period of default. 1
D. Termination of membership in the compact shall be imposed only2
after all other means of securing compliance have been exhausted. Notice3
of intent to suspend or terminate shall be given by the Compact4
Commission to the Governor, the majority and minority leaders of the5
defaulting State's legislature, the defaulting State's Licensing6
Authority and each of the Member States' Licensing Authority.7
E. A State that has been terminated is responsible for all8
assessments, obligations, and liabilities incurred through the effective9
date of termination, including obligations that extend beyond the10
effective date of termination. 11
F. Upon the termination of a State's membership from this compact,12
that State shall immediately provide notice to all Licensees within that13
State of such termination. The terminated State shall continue to14
recognize all Licenses and Compact Privileges granted pursuant to this15
compact for a minimum of one hundred eighty days after the date of said16
notice of termination. 17
G. The Compact Commission shall not bear any costs related to a18
State that is found to be in default or that has been terminated from the19
compact, unless agreed upon in writing between the Compact Commission and20
the defaulting State. 21
H. The defaulting State may appeal the action of the Compact22
Commission by petitioning the United States District Court for the23
District of Columbia or the federal district where the Compact Commission24
has its principal offices. The prevailing party shall be awarded all25
costs of such litigation, including reasonable attorney's fees.26
I. Dispute Resolution: 27
1. Upon request by a Member State, the Compact Commission shall28
attempt to resolve disputes related to the compact that arise among29
Member States and between Member and non-Member States.30
2. The Compact Commission shall promulgate a Rule providing for both31
LB736
2026
LB736
2026
-28-
mediation and binding dispute resolution for disputes as appropriate.1
J. Enforcement: 2
1. By two-thirds majority vote, the Compact Commission may initiate3
legal action against a Member State in default in the United States4
District Court for the District of Columbia or the federal district where5
the Compact Commission has its principal offices to enforce compliance6
with the provisions of the compact and its promulgated Rules. The relief7
sought may include both injunctive relief and damages. In the event8
judicial enforcement is necessary, the prevailing party shall be awarded9
all costs of such litigation, including reasonable attorney's fees. The10
remedies herein shall not be the exclusive remedies of the Compact11
Commission. The Compact Commission may pursue any other remedies12
available under federal or the defaulting Member State's law.13
2. A Member State may initiate legal action against the Compact14
Commission in the United States District Court for the District of15
Columbia or the federal district where the Compact Commission has its16
principal offices to enforce compliance with the provisions of the17
compact and its promulgated Rules. The relief sought may include both18
injunctive relief and damages. In the event judicial enforcement is19
necessary, the prevailing party shall be awarded all costs of such20
litigation, including reasonable attorney's fees. 21
3. No person other than a Member State shall enforce this compact22
against the Compact Commission. 23
SECTION 12. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT24
A. The compact shall come into effect on the date on which the25
compact statute is enacted into law in the seventh Member State.26
1. On or after the effective date of the compact, the Compact27
Commission shall convene and review the enactment of each of the first28
seven Member States (Charter Member States) to determine if the statute29
enacted and made effective by each such Charter Member State is30
materially different than the Model Compact Language.31
LB736
2026
LB736
2026
-29-
a. A Charter Member State whose enactment is found to be materially1
different from the Model Compact Language shall be entitled to the2
default process set forth in Section 11 of this compact.3
b. If any Member State is later found to be in default, or is4
terminated or withdraws from the compact, the Compact Commission shall5
remain in existence and the compact shall remain in effect even if the6
number of Member States should be less than seven. 7
2. Member States enacting the compact subsequent to the seven8
initial Charter Member States shall be subject to the process set forth9
in this section to determine if their enactments are materially different10
from the Model Compact Language and whether they qualify for11
participation in the compact. 12
3. All actions taken for the benefit of the Compact Commission or in13
furtherance of the purposes of the administration of the compact prior to14
the effective date of the compact or the Compact Commission coming into15
existence shall be considered to be actions of the Compact Commission16
unless specifically repudiated by the Compact Commission.17
4. Any State that joins the compact subsequent to the Compact18
Commission's initial adoption of the Rules and bylaws shall be subject to19
the Rules and bylaws as they exist on the date on which the compact20
becomes law in that State. Any Rule that has been previously adopted by21
the Compact Commission shall have the full force and effect of law on the22
day the compact becomes law in that State. 23
B. Any Member State may withdraw from this compact by enacting a24
statute repealing the same. 25
1. A Member State's withdrawal shall not take effect until one26
hundred eighty days after enactment of the repealing statute.27
2. Withdrawal shall not affect the continuing requirement of the28
withdrawing State's Licensing Authority to comply with the investigative29
and Adverse Action reporting requirements of this compact prior to the30
effective date of withdrawal. 31
LB736
2026
LB736
2026
-30-
3. Upon the enactment of a statute withdrawing from this compact, a1
State shall immediately provide notice of such withdrawal to all2
Licensees and privilege holders within that State. Notwithstanding any3
subsequent statutory enactment to the contrary, such withdrawing State4
shall continue to recognize all Compact Privileges granted pursuant to5
this compact for a minimum of one hundred eighty days after the date of6
such notice of withdrawal. 7
4. Nothing contained in this compact shall be construed to8
invalidate or prevent any licensure agreement or other cooperative9
arrangement between a Member State and a non-Member State that does not10
conflict with the provisions of this compact. 11
5. This compact may be amended by the Member States. No amendment to12
this compact shall become effective and binding upon any Member State13
until it is enacted into the laws of all Member States.14
SECTION 13. CONSTRUCTION AND SEVERABILITY 15
A. This compact and the Compact Commission's rulemaking authority16
shall be liberally construed so as to effectuate the purposes, and the17
implementation and administration of the compact. Provisions of the18
compact expressly authorizing or requiring the promulgation of Rules19
shall not be construed to limit the Compact Commission's rulemaking20
authority solely for those purposes. 21
B. The provisions of this compact shall be severable and if any22
phrase, clause, sentence, or provision of this compact is held by a court23
of competent jurisdiction to be contrary to the constitution of any24
Member State, a State seeking participation in the compact, or of the25
United States, or the applicability thereof to any government, agency,26
person, or circumstance is held to be unconstitutional by a court of27
competent jurisdiction, the validity of the remainder of this compact and28
the applicability thereof to any other government, agency, person, or29
circumstance shall not be affected thereby. 30
C. Notwithstanding the foregoing, the Compact Commission may deny a31
LB736
2026
LB736
2026
-31-
State's participation in the compact or terminate a Member State's1
participation in the compact if it determines that a constitutional2
requirement of a Member State is a material departure from the compact.3
Otherwise, if this compact shall be held to be contrary to the4
constitution of any Member State, the compact shall remain in full force5
and effect as to the remaining Member States and in full force and effect6
as to the Member State affected as to all severable matters.7
SECTION 14. CONSISTENT EFFECT AND CONFLICT WITH OTHER STATE LAWS8
A. Nothing herein shall prevent or inhibit the enforcement of any9
other law of a Member State that is not inconsistent with the compact.10
B. Any laws, statutes, regulations, or other legal requirements in a11
Member State in conflict with the compact are superseded to the extent of12
the conflict. 13
C. All permissible agreements between the Compact Commission and the14
Member States are binding in accordance with their terms.15
Sec. 2. Section 38-131, Revised Statutes Supplement, 2025, is16
amended to read: 17
38-131 (1) An applicant for an initial license to practice as a18
registered nurse, a licensed practical nurse, a physical therapist, a19
physical therapy assistant, an athletic trainer, a psychologist, an20
advanced emergency medical technician, an emergency medical technician,21
an audiologist, a speech-language pathologist, a licensed independent22
mental health practitioner, an occupational therapist, an occupational23
therapy assistant, a dietitian, a certified social worker, a certified24
master social worker, a licensed clinical social worker, a paramedic, a25
physician, an osteopathic physician, a physician or osteopathic physician26
who is an applicant for a temporary educational permit, a physician or27
osteopathic physician who is an applicant for a temporary visiting28
faculty permit, a physician assistant, a dentist, a dental hygienist, an29
optometrist, a podiatrist, a veterinarian, an advanced practice30
registered nurse-nurse practitioner, an advanced practice registered31
LB736
2026
LB736
2026
-32-
nurse-certified nurse midwife, or an advanced practice registered nurse-1
certified registered nurse anesthetist shall be subject to a criminal2
background check. Except as provided in subsection (4) of this section,3
such an applicant for an initial license shall submit a full set of4
fingerprints to the Nebraska State Patrol for a criminal history record5
information check. The applicant shall authorize release of the results6
of the national criminal history record information check by the Federal7
Bureau of Investigation to the department. The applicant shall pay the8
actual cost of the fingerprinting and criminal background check.9
(2) The Nebraska State Patrol is authorized to submit the10
fingerprints of such applicants to the Federal Bureau of Investigation11
and to issue a report to the department that includes the criminal12
history record information concerning the applicant. The Nebraska State13
Patrol shall forward submitted fingerprints to the Federal Bureau of14
Investigation for a national criminal history record information check.15
The Nebraska State Patrol shall issue a report to the department that16
includes the criminal history record information concerning the17
applicant. 18
(3) This section shall not apply to a dentist who is an applicant19
for a dental locum tenens under section 38-1122, to a physician or20
osteopathic physician who is an applicant for a physician locum tenens21
under section 38-2036, or to a veterinarian who is an applicant for a22
veterinarian locum tenens under section 38-3335. 23
(4) A physician or osteopathic physician who is an applicant for a24
temporary educational permit shall have ninety days from the issuance of25
the permit to comply with subsection (1) of this section and shall have26
such permit suspended after such ninety-day period if the criminal27
background check is not complete or revoked if the criminal background28
check reveals that the applicant was not qualified for the permit.29
(5) The department and the Nebraska State Patrol may adopt and30
promulgate rules and regulations concerning costs associated with the31
LB736
2026
LB736
2026
-33-
fingerprinting and the national criminal history record information1
check. 2
(6) For purposes of interpretation by the Federal Bureau of3
Investigation, the term department in this section means the Division of4
Public Health of the Department of Health and Human Services.5
Sec. 3. Section 38-404, Revised Statutes Cumulative Supplement,6
2024, is amended to read: 7
38-404 Athletic trainer means a health care professional who is8
licensed to practice athletic training under the Athletic Training9
Practice Act or the Athletic Trainer Compact and who, under guidelines10
established with a licensed physician, performs the functions outlined in11
section 38-408 except as otherwise provided in subsection (5) of section12
38-408. 13
Sec. 4. Section 38-409, Revised Statutes Cumulative Supplement,14
2024, is amended to read: 15
38-409 No person shall be authorized to perform the functions16
outlined in section 38-408 unless the person first obtains a license as17
an athletic trainer or unless such person is licensed as a physician,18
osteopathic physician, chiropractor, nurse, physical therapist, or19
podiatrist. No person shall hold himself or herself out as an athletic20
trainer in this state unless such person is licensed under the Athletic21
Training Practice Act or the Athletic Trainer Compact.22
Sec. 5. This act becomes operative on January 1, 2027.23
Sec. 6. Original sections 38-404 and 38-409, Revised Statutes24
Cumulative Supplement, 2024, and section 38-131, Revised Statutes25
Supplement, 2025, are repealed. 26
LB736
2026
LB736
2026
-34-