65-5003. Same; appointment of technical committee; hearings; evidence; criteria; findings; recommendations and report.
65-5003
65-5003. Same; appointment of technical committee; hearings; evidence;criteria; findings; recommendations and report.(a) A technical committee shall be appointed by the secretary to examineand investigate each credentialingapplication referred by the secretary. Seven persons shall be appointed toeach technical committee and such persons shall be appointed for a term ofone year. Within 120 days after the expiration of such term, thesecretary shall appoint a successor to fill such vacancy. Thechairperson of the technical committee shall bedesignated by the secretary. Three members of the technical committeeshall be health care personnel currently credentialed under the laws ofthis state. Four members of the technical committee shall be consumers ofhealth care whoare not also providers of health care. No member of the technicalcommittee shall have a direct economic or personal interest in thecredentialing or noncredentialing of health care personnel whoseapplication for credentialing will be reviewed by the technical committee. If a member of the technical committee has a direct economic or personalinterest in the credentialing or noncredentialing of health care personnelwhose application for credentialing will be reviewed by the technicalcommittee or otherwise has a conflict of interest concerning thecredentialing or noncredentialing of health care personnel whoseapplication for credentialing will be reviewed by the technical committee,the secretary shall replace such memberon the technical committee by appointing a new member to the technicalcommittee. The new member shall serve for the remainder of the term of theoriginal member. A vacancy on the technical committee shall be filled byappointment within 120 days after such vacancy by the secretaryfor the remainder of the unexpired term of thevacant position.
(b) Eachtechnical committee, as soon as possible after appointment of the membersthereof, shall organize and review any credentialing application assignedto such committee by the secretary. The technical committee shall conduct fact-finding hearings and shallotherwise investigate the credentialing application.
(c) The technical committee shall attempt to obtain evidence andtestimony from persons in support of the application and from personsopposed to the application, but evidence and testimony shall not be limitedonly to such persons. All interested persons shall have an opportunity togive evidence and testimony subject to such reasonable conditions as may beestablished by the technical committee in the conduct of the hearing andsubject to applicable rules and regulations established under this act. Anotice of all meetings of the technical committee shall be published in theKansas register at least 30 days prior to the day of the meeting. Thenotice shall state the time and place of the meeting.
(d) The technical committee shallmake findings in an objective, unbiased manner based on the criteriaestablished in K.S.A. 65-5006 and amendments thereto. Credentialingapplicants shall have the burden of bringing forth evidence upon whichfindings may be made and shall have the burden of proving by clear andconvincing evidence that the health care provider occupation or professionshould be credentialed by the state. The evidence required to sustainthis burden of proof shall be more than hypothetical examples ortestimonials. The technical committee shall detail its findings in areport and shall file the report with the secretary. Thetechnical committee shall complete hearings and shall file a report for anyapplicant group of health care personnel that has begun the process.
(e) If the technical committee determines afterconsideration of the evidence and testimony that all the criteriaestablished by law or by rules and regulations for credentialing have notbeen met and that credentialing is not appropriate, the technicalcommittee shall recommend that an application for credentialingbe denied. If the technical committee determines afterconsideration of the evidence and testimony that clear and convincingevidence has been presented that an occupational or professional group ofhealth care personnel has met all the criteria established by law orby rules and regulations for credentialing and that credentialingby the state is appropriate, thetechnical committee shall recommend the application for credentialing beapproved. If the technical committee recommends that the application forcredentialing be approved, there shall be included in the committee'sreport a recommendation of the level or levels of credentialing, and suchrecommendation shall be based upon a finding by the technical committee,stated in the report, that all criteria established by law or by rulesand regulations for the recommended level or levels of credentialing havebeen met. This recommendation shall be based on the criteria establishedin K.S.A. 65-5007 and amendments thereto.
History: L. 1980, ch. 181, § 3;L. 1986, ch. 246, § 3;L. 1987, ch. 232, § 4; July 1.