65-5001. Credentialing health care personnel; definitions.
65-5001
65-5001. Credentialing health care personnel;definitions.As used in this act unless the context requires otherwise,the following words and phrases shall have the meanings respectively ascribedto them herein:
(a) "Credentialing" or "credentialed" means the formal recognition ofprofessional or technical competence through the process of registration,licensure or other statutory regulation.
(b) "Certification" means the process by which a nongovernmentalagency or association or the federal government grants recognition to anindividual who has met certain predetermined qualifications specified bythe nongovernmental agency or association or the federal government.
(c) "Registration" means the process by which the stateidentifies and lists on an official roster those persons who meetpredetermined qualifications and who will be the only persons permitted touse a designated title.
(d) "Licensure" means a method of regulation by which the state grantspermission to persons who meet predetermined qualifications to engage in anoccupation or profession, and that to engage in such occupation orprofession without a license is unlawful.
(e) "Health care personnel" means those persons whose principalfunctions, 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.
(f) "Provider of health care" means an individual:
(1) Who is a direct provider of health care (including but notlimited to a person licensed to practice medicine and surgery, licenseddentist, registered professional nurse, licensed practical nurse, licensedpodiatrist, or physician assistant) in that theindividual's primarycurrent activity is the provision of health care to individuals or theadministration of facilities or institutions (including medical carefacilities, long-term care facilities, outpatient facilities, and healthmaintenance organizations) in which such care is provided and, whenrequired by state law, the individual has received professional training inthe provision of such care or in such administration and is licensed orcertified for such provision or administration;
(2) who holds a fiduciary position with, or has a fiduciary interest in,any entity described in subsection (f)(3)(B) or subsection (f)(3)(D) otherthan an entity described in either such subsection which is also an entitydescribed in section 501(c)(3) of the internal revenue code of 1954, asamended and supplemented, and which does not have as its primary purposethe delivery of health care, the conduct of research, the conduct ofinstruction for health professionals or the production of drugs or articlesdescribed in subsection (f)(3)(C);
(3) who receives, either directly or through a spouse, more than 1/5of such person's gross annual income from any one or combination of thefollowing:
(A) Fees or other compensation for research into or instruction inthe provision of health care;
(B) entities engaged in the provision of health care or in suchresearch or instruction;
(C) producing or supplying drugs or other articles for individualsor entities for use in the provision of or in research into orinstruction in the provision of health care; or
(D) entities engaged in producing drugs or such other articles;
(4) who is a member of the immediate family of an individual describedin subsection (f)(1), (f)(2) or (f)(3); or
(5) who is engaged in issuing any policy or contract of individual orgroup health insurance or hospital or medical service benefits. An individualshall not be considered a provider of health care solely because the individualis a member of the governing board of an entity described in subsection(f)(3)(B) or subsection (f)(3)(D).
(g) "Consumer of health care" means an individual who is not aprovider of health care.
(h) "Secretary" means the secretary of health and environment.
History: L. 1980, ch. 181, § 1; L. 1986, ch. 246, § 1; L. 1987, ch.232, § 2; L. 1988, ch. 246, § 22;L. 2004, ch. 117, § 8; July 1.