Nebraska § 71-6221 Regulation
of health profession; change in scope of practice; when

Nebraska Statutes

§ 71-6221 — Regulation of health profession; change in scope of practice; when

Nebraska § 71-6221

Ch. 71Public Health and Welfare

This text of Nebraska § 71-6221 (Regulation of health profession; change in scope of practice; when) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 71-6221 (2026).

Text

(1)A health profession shall be regulated by the state only when:

(a)Unregulated practice can clearly harm or endanger the health, safety, or welfare of the public;

(b)Regulation of the health profession does not impose significant new economic hardship on the public, significantly diminish the supply of qualified practitioners, or otherwise create barriers to service that are not consistent with the public welfare and interest;

(c)The public needs assurance from the state of initial and continuing professional ability; and

(d)The public cannot be protected by a more effective alternative.

(2)If it is determined that practitioners of a health profession not currently regulated are prohibited from the full practice of their profession in Nebraska, then the following criteria shall be

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(1) A health
profession shall be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger the
health, safety, or welfare of the public;
(b) Regulation of the health profession
does not impose significant new economic hardship on the public, significantly
diminish the supply of qualified practitioners, or otherwise create barriers
to service that are not consistent with the public welfare and interest;
(c) The public needs assurance from the state of initial
and continuing professional ability; and
(d) The public cannot be protected
by a more
effective alternative.
(2) If it is determined that practitioners of a health profession
not currently regulated are prohibited from the full practice of their profession
in Nebraska, then the following criteria shall be used to determine whether
regulation is necessary:
(a) Absence of a separate regulated profession creates a
situation of harm or danger to the health, safety, or welfare of the public;
(b) Creation of a separate regulated profession would not
create a significant new danger to the health, safety, or welfare of the public;
(c) Creation of a separate regulated profession would benefit
the health, safety, or welfare of the public; and
(d) The public cannot be protected
by a more
effective alternative.
(3) The scope
of practice of a regulated health profession shall be changed only when:
(a) The health, safety,
and welfare of the public are inadequately addressed by the present scope
of practice or limitations on the scope of practice;
(b) Enactment of the proposed
change in scope of practice would benefit the health, safety, or welfare of
the public;
(c) The proposed
change in scope of practice does not create a significant new danger to the
health, safety, or welfare of the public;
(d) The current education and training
for the health profession adequately prepares practitioners to perform the
new skill or service;
(e) There are appropriate postprofessional programs and competence
assessment measures available to assure that the practitioner is competent
to perform the new skill or service in a safe manner; and
(f) 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.
(4) The division shall, by rule and regulation, establish
standards for the application of each criterion which shall be used by the
review bodies in recommending whether proposals for credentialing or change
in scope of practice meet the criteria.