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NEBRASKA STATUTES AND CODES

38-2021 Unprofessional conduct, defined.

38-2021. Unprofessionalconduct, defined.Unprofessional conduct meansany departure from or failure to conform to the standards of acceptable andprevailing practice of medicine and surgery or the ethics of the profession,regardless of whether a person, patient, or entity is injured, or conductthat is likely to deceive or defraud the public or is detrimental to the publicinterest, including, but not limited to:(1) Performance by a physician of an abortion as defined insubdivision (1) of section 28-326 under circumstances when he or she willnot be available for a period of at least forty-eight hours for postoperativecare unless such postoperative care is delegated to and accepted by anotherphysician;(2) Performing an abortion upon a minor without having satisfiedthe notice requirements of sections 71-6901 to 71-6908;(3) The intentional and knowing performance of a partial-birthabortion as defined in subdivision (7) of section 28-326, unlesssuch procedure is necessary to save the life of the mother whose life is endangeredby a physical disorder, physical illness, or physical injury, including alife-endangering physical condition caused by or arising from the pregnancyitself; and(4) Performanceby a physician of an abortion in violation of the Pain-Capable Unborn ChildProtection Act. SourceLaws 2007, LB463, § 679; Laws 2010, LB594, § 16; Laws 2010, LB1103, § 12.Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB594, section 16, with LB1103, section 12, to reflect all amendments.Note: Changes made by LB594 became effective July 15, 2010. Changes made by LB1103 became operative October 15, 2010. Cross ReferencesPain-Capable Unborn Child Protection Act, see section 28-3,102.

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