§ 71-6224 — Technical committee; appointment; membership; meetings; duties

Nebraska § 71-6224

• Jurisdiction: Nebraska
• Ch. 71: Public Health and Welfare

Text

(1)
The director with the advice of the board shall appoint an appropriate technical
committee to examine and investigate each application. The committee shall
consist of six appointed members and one member of the board designated by
the board who shall serve as chairperson of the committee. The chairperson
of the committee shall not be a member of the applicant group, any health
profession sought to be regulated by the application, or any health profession
which is directly or indirectly affected by the application. The director
shall ensure that the total composition of the committee is fair, impartial,
and equitable. In no event shall more than one member of
the same regulated health profession, the applicant group, or the health profession
sought to be regulated by an application serve on a technical committee.
(2) As soon as possible after its appointment, the committee
shall meet and review the application assigned to it. The committee shall serve as a factfinding body and undertake
such investigation as it deems necessary to address the issues identified
in the application. As part of its investigation, each committee shall consider
available scientific evidence and conduct public factfinding hearings. Each
committee shall comply with the Open Meetings Act.
(3) An applicant
group shall have the burden of producing evidence to support its application.
(4) Each
committee shall detail its findings in a report and file the report with the
board and the director. Each committee shall evaluate the application presented
to it on the basis of the appropriate criteria as established in sections 71-6221 to 71-6223 , shall make
written findings on all criteria, and shall make a recommendation for approval
or denial. Whether it recommends approval or denial of an application, the
committee may make additional recommendations regarding changes to the proposal
or other solutions to problems identified during the review and may comment
on the anticipated benefits to the health, safety, and welfare of the public. If the committee recommends
approval of an application for regulation of a health profession not currently
regulated, it shall also recommend the least restrictive method of regulation
to be implemented consistent with the cost-effective protection of the public
and with section 71-6222 . The committee may recommend a specific method of
regulation not listed in section 71-6222 if it finds that such method is the
best alternative method of regulation.

Legislative History

Source: Laws 1985, LB 407, § 24; Laws 1988, LB 384, § 10; Laws 2004, LB 821, § 20; Laws 2012, LB834, § 19. Cross References: Open Meetings Act, see section 84-1407.