38-2037. Additional grounds for disciplinary action; expressing an opinion in a public or professional forum, not subject to disciplinary action.
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/ne/chapter-38/38-2037A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)In addition to the grounds for disciplinary action found in sections 38-178 and 38-179 , a license to practice medicine and surgery or osteopathic medicine and surgery or a license to practice as a physician assistant may be denied, refused renewal, limited, revoked, or suspended or have other disciplinary measures taken against it in accordance with section 38-196 when the applicant or licensee fails to comply with the provisions of section 71-603.01 , 71-604 , 71-605 , or 71-606 relating to the signing of birth and death certificates.
(2)(a) It is the intent of the Legislature to ensure the protection of the rights under the First Amendment to the Constitution of the United States for individuals licensed to practice medicine and surgery or osteopathic medicine and surgery by providing for the public expression of differing medical opinions and allowing such opinions to be subjected to the scrutiny of public and professional forums. A license to practice medicine and surgery or osteopathic medicine and surgery shall not be subject to any disciplinary measures as a result of an applicant or licensee expressing an opinion in a public or professional forum.
(b)The expression of an opinion by an applicant or licensee in a public or professional forum does not include the expression of an opinion offered in the course of the applicant's or licensee's practice, including providing services to a patient.