Kansas Statutes 65-5007. Same; criteria applicable to levels of credentialing regulation
(a) All recommendations of the technical committee and the secretary which relate to the level or levels of credentialing regulation of a particular group of health care personnel shall be consistent with the policy that the least regulatory means of assuring the protection of the public is preferred and shall be based on alternatives which include, from least regulatory to most regulatory, the following:
(1) Statutory regulation, other than registration or licensure, by the creation or extension of statutory causes of civil action, the creation or extension of criminal prohibitions or the creation or extension of injunctive remedies is the appropriate level when this level will adequately protect the public’s health, safety or welfare.
Terms Used In Kansas Statutes 65-5007
- Health care personnel: means those persons whose principal functions, customarily performed for remuneration, are to render services, directly or indirectly, to individuals for the purpose of:
(1) Preventing physical, mental or emotional illness;
(2) detecting, diagnosing and treating illness;
(3) facilitating recovery from illness; or
(4) providing rehabilitative or continuing care following illness; and who are qualified by training, education or experience to do so. See Kansas Statutes 65-5001
- Licensure: means a method of regulation by which the state grants permission to persons who meet predetermined qualifications to engage in an occupation or profession, and that to engage in such occupation or profession without a license is unlawful. See Kansas Statutes 65-5001
- Registration: means the process by which the state identifies and lists on an official roster those persons who meet predetermined qualifications and who will be the only persons permitted to use a designated title. See Kansas Statutes 65-5001
- Secretary: means the secretary of health and environment. See Kansas Statutes 65-5001
(2) Registration is the appropriate level when statutory regulation under paragraph (a)(1) is not adequate to protect the public’s health, safety or welfare and when registration will adequately protect the public health, safety or welfare by identifying practitioners who possess certain minimum occupational or professional skills so that members of the public may have a substantial basis for relying on the services of such practitioners.
(3) Licensure is the appropriate level when statutory regulation under paragraph (a)(1) and registration under paragraph (a)(2) is not adequate to protect the public’s health, safety or welfare and when the occupational or professional groups of health care personnel to be licensed perform functions not ordinarily performed by persons in other occupations or professions.
(b) Reports of the technical committee and the secretary shall include specific findings on the criteria set forth in subsection (a). No report of the technical committee or the secretary shall recommend the level or levels of credentialing of any occupational or professional group of health care personnel unless all the criteria set forth in subsection (a) for the recommended level or levels of credentialing have been met.