Section 172-4-005 - CRITERIA AND STANDARDS FOR A CHANGE IN SCOPE OF PRACTICE OF A REGULATED PROFESSION 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.
005.01CRITERION 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.005.02CRITERION 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) 4-003.01.005.03CRITERION 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.005.04CRITERION 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.005.05CRITERION 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.005.06CRITERION 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.172 Neb. Admin. Code, ch. 4, § 005
Amended effective 1/10/2021