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Senate advances bill limiting disciplinary action for doctors’ public medical opinions

Nebraska Legislature (Senate) · January 28, 2026
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Summary

LB202, intended to protect licensed physicians’ public expression of differing medical opinions under the Medicine and Surgery Practice Act, moved forward after the Health and Human Services committee amendment (AM57) was adopted to clarify the scope.

Senators advanced LB202 on Jan. 28 after adopting a Health and Human Services committee amendment clarifying that the bill protects public or professional expression of medical opinion but does not immunize clinicians’ conduct in the course of patient care.

Sponsor Senator Kautz said the bill grew out of concerns during the COVID‑19 period when medical professionals said they faced threats to licensure for voicing dissenting opinions. The amendment added subsection language specifying that opinions expressed in the course of the applicant’s or licensee’s direct practice and patient care are not protected from disciplinary action.

Senator Hardin reported the HHS committee advanced LB202 with AM57 by recorded committee vote (5–1–1) and asked for floor adoption; the Senate adopted AM57 (recorded as 27 ayes, no nays on the floor). The bill then advanced to E & R initial.

Supporters described the measure as a narrow protection for speech in public and professional forums, not an expansion of clinical practice protections. The ACLU’s participation during committee consideration was mentioned by the sponsor as an example of cross‑ideological support.

With AM57 attached, LB202 proceeds to the next stage of consideration. Sponsors said they intend the bill to safeguard clinicians’ First Amendment rights while preserving regulatory authority over medical practice and patient care.