Current through September 17, 2024
The Nebraska Regulation of Health Professions Act sets out
criteria for a change in scope of practice of a regulated profession. The
review body must determine whether the following criteria are met.
005.01
CRITERION ONE.
The health, safety, and welfare of the public are
inadequately addressed by the present scope of practice or limitations on the
scope of practice.
005.01(A)
DETERMINATION. The review body must determine that at
least one of the following is occurring:
(i)
The cost of the services in question is prohibitive for some members of the
public under the current limitations on scope of practice,
(ii) Access to the services in question is
very difficult for some members of the public under the current limitations on
scope of practice,
(iii) The
guality of the services in question is adversely impacted under the current
limitations on scope of practice,
(iv) The range of services of the profession
under review is too limited under the current scope of practice raising
concerns about consumers having to access the services of other providers whose
practices are not as accessible or whose services are more costly,
(v) Actual harm or danger to the public
health and safety is occurring because of the absence of the proposed scope of
practice.
005.02
CRITERION TWO.
Enactment of the proposed change in scope of practice would
benefit the health, safety, or welfare of the public. The review body must use
the following to determine if this criterion is met:
(A) The enactment of the proposed changes in
scope of practice would produce widespread benefits for the public, and the
amount and extent of the benefits would outweigh any potential harm or danger
to the public that might be caused by enactment of these changes.
(B) Documentation of benefits to the public
must be sufficient to show that there is a realistic expectation of their
occurrence following enactment of the proposed changes in scope of practice,
and that they would be of significant amount and extent. Evidence from other
jurisdictions in which the profession has practiced with the proposed change in
scope of practice is preferred.
(C)
Benefit must occur in at least one of the topic areas listed in 172 Nebraska
Administrative Code (NAC) 4-003.01.
005.03
CRITERION
THREE. The proposed change in scope of practice does not create a
significant new danger to the health, safety, or welfare of the public. The
review body must use the following to determine if this criterion is met:
(A) Evaluation of physical, emotional,
economic, or social danger to determine whether any evident danger would be
created by the proposed change in scope of practice and significant enough to
outweigh the benefits of implementing the proposed change in scope of
practice.
(B) Evaluation of danger
is based on the highest level of evidence available.
005.04
CRITERION FOUR.
The current education and training for the health profession
adeguately prepares practitioners to perform the new skill or service. The
review body must use the following to determine if this criterion is met:
(A) Analysis of the current education and
training must show that it adequately prepares the practitioners in question to
perform the new skill or service being proposed in a safe and effective
manner.
(B) Evidence must be
presented to demonstrate that the current education and training is adequately
and appropriately accredited.
005.05
CRITERION FIVE.
There are appropriate post-professional programs and competence
assessment measures available to ensure that the practitioner is competent to
perform the new skill or service in a safe manner. The review body must use the
following to determine if this criterion is met:
(A) There are programs in place and the
programs show that they are adequate to ensure that the practitioners are able
to perform the new skill or service being proposed in a safe and effective
manner.
(B) Evidence that
demonstrates programs comply with acceptable standards.
(C) Evidence presented that demonstrates
programs are available and at a cost that is not prohibitive.
005.06
CRITERION SIX.
There are adequate measures to assess whether practitioners are
competently performing the new skill or service and to take appropriate action
if they are not performing competently. The review body must use the following
to determine if this criterion is met:
(A)
Practitioners of the proposed new scope of practice must be subject to the
complaint, investigation, and discipline provisions of the Uniform
Credentialing Act.
(B) The new
scope of practice will be implemented through the issuance of a new credential,
and appropriate continuing competency requirements are established the
credential.
