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LB 436

Change provisions of the Nebraska Regulation of Health Professions Act

109th Legislature (2025-2026)

LB 436 tightens how Nebraska may regulate health professions, expands criteria for regulating unregulated fields, tightens scope changes, requires competency monitoring.

Title printed. Carryover bill
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WeVote Research Nonpartisan
Bill Summary · LB 436

Summary of Nebraska LB 436 (2025)

Overview

  • Bill number: LB 436
  • Title: Change provisions of the Nebraska Regulation of Health Professions Act
  • Sponsor/Committee: Health and Human Services Committee (Sen. Brian Hardin, Chair)
  • Status: Notice of hearing scheduled for February 20, 2025
  • Introduced: January 21, 2025
  • Purpose (as stated in the introducer’s intent): Amend parts of the Nebraska Regulation of Health Professions Act to modify how unregulated health professions are considered for regulation, adjust scope-of-practice criteria, update education/training and competency requirements, and revise application procedures and related regulatory processes. The bill also seeks changes to the technical committee and to the role of the Director of the Division of Public Health.

Key Provisions (What the Bill Would Change)

  • Regulation of health professions (unregulated and regulated):

    • Revises the criteria for when a health profession should be regulated. The decision factors emphasize public health risk, potential harm if unregulated, regulatory impact on access and costs, and the availability of effective alternatives.
    • Establishes criteria to determine when an unregulated profession should be regulated, including harm avoidance, benefits to public health, education/training requirements, and sufficiency of regulation to protect the public.

  • Scope of practice changes:

    • Changes when and how the scope of practice for a regulated profession may be altered.
    • Adds conditions to ensure public health protection, appropriate education/training, and demonstrable competency before permitting a new skill or service.
    • Requires assurance mechanisms to monitor and enforce competency in any expanded scope, including post-professional programs and competence assessment.

  • Application and review process:

    • Alters the application requirements for changes in scope and for regulation (including the information applicants must provide).
    • Introduces or modifies a process for submitting a letter of intent to file, eligibility screening, and the director’s review timeline.
    • Provides criteria for what must be included in an application, such as problem description, potential regulations, public health impact, costs, and information about practitioner groups.

  • Technical committee and regulatory administration:

    • The Division shall appoint a technical committee to review applications. For unregulated professions or those without a regulatory entity, the committee composition and governance are specified (including chairing arrangements and avoidance of conflicts with applicant groups).
    • The bill contains provisions to develop and promulgate rules to standardize how review criteria are applied.

  • Director/administrative changes:

    • Language changes related to the Director of the Division of Public Health in the administration and processing of applications and reviews.

Who Would Be Affected

  • Unregulated health professions considering regulation (e.g., determination of whether to regulate or create new regulatory categories).
  • Regulated health professions potentially facing scope-of-practice changes or updated competency standards.
  • Applicant groups seeking regulation or changes in scope (professional associations, coalitions, etc.).
  • Division of Public Health and its Director, which oversee application intake, eligibility determinations, and coordinating the technical committee.
  • Public consumers and healthcare access, through potential changes in regulation costs, provider availability, and the assurance of practitioner competency.

Procedural and Timeline Aspects

  • Hearing date: February 20, 2025 (House Finance/Human Services Committee activity anticipated).
  • Review process: Applicants submit a letter of intent, followed by a detailed application if eligible; the Director must notify eligibility within 15 days and, after final application receipt, within 15 days regarding acceptance for review (subject to annual sequencing if multiple applications exist).
  • Regulatory roadmap: The bill directs the adoption of regulatory standards and criteria by the division and review bodies to determine compliance with proposed credentialing and scope changes.

Observations

  • LB 436 emphasizes public health protection, competency assurance, and a transparent, criteria-based process for regulating health professions and altering scope of practice.
  • The changes appear to expand the formal pathway for considering unregulated professions for regulation and to tighten the evaluation framework for scope changes, education/training standards, and post-credential competency monitoring.

Compiled from official sources — confirm details with the bill’s official record.

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