Change to credentialing review program advances

The process used to propose credentials and changes in scope of practice would be expanded under a bill advanced from general file Feb. 29.

LB834, introduced by Grand Island Sen. Mike Gloor, would change the Credentialing Review Program, more commonly referred to as the “407 process.” Gloor said the proposed changes would allow legislators to make more informed decisions.

“I started this process so the report [the Legislature] gets is as thorough as we need to make good decisions,” he said.

The bill would change the current process by:
• simplifying application requirements and including information regarding the status of third-party reimbursements and other states’ scopes of practice;
• changing the role of the Technical Review Committee (TRC) to clearly state that it can make investigations it deems necessary;
• requiring the TRC to recommend whether the proposal will benefit the public;
• allowing the TRC to weigh the evidence in total to make the recommendation on denial or approval of an application;
• changing TRC membership to allow no more than one member of the applicant group or the profession seeking to be regulated or to change its scope of practice;
• updating the funding mechanism to allow all administrative costs associated with credentialing activity to be paid from the Professional and Occupational Credentialing Cash Fund;
• expanding the oversight of the program beyond health care professions to include other professions that are or could be regulated by the state Department of Health and Human Services;
• changing the scope of practice criteria to remove the “risk of harm” requirement; and
• extending the time frame from nine months to 12 months for the department to make a final recommendation.

Gloor addressed concerns over the removal of the “risk of harm” requirement. Under the current 407 process, applicants are asked to show that the practice or limitation on the scope of practice creates a situation of harm or danger to the public. Gloor said this provision often led to unnecessary speculation.

“To ask an applicant to concoct some scenario of risk seems convoluted,” he said.

A Health and Human Services Committee amendment, adopted 31-0, made the following changes to the bill:
• clarified that clergy are not considered health professionals under the 407 process;
• added criteria to the scope of practice criteria that “the health, safety and welfare of the public is inadequately addressed” by the present scope of practice; and
• clarified that the report from the TRC will include written findings on all criteria.

Senators advanced the bill to select file 30-0.