65-5005. Same; review of reports by secretary; recommendations of secretary; final report to legislature.
65-5005
65-5005. Same; review of reports by secretary; recommendations ofsecretary; final report to legislature.(a) Within 120 days after receiving the report and recommendations of thetechnical committee relating to a credentialingapplication, the secretary shall prepare a final report for thelegislature. In preparing the final report, the secretary shall apply thecriteria established by K.S.A. 65-5006 and 65-5007 and amendments to thesesections. The final report shall be submitted to the speaker of the houseof representatives, to the president of the senate and to the chairpersonsof the committees on public health and welfare for consideration by theirrespective committees. The secretary shall include thereport of the technical committee in the finalreport prepared for submission to the legislature. The secretary need notbe bound by the recommendations of a technical committee.
(b) If the secretary determines after consideration of thereport of the technical committee and the evidence and testimonypresented to the technical committee that all criteria established by lawor by rules and regulations for credentialing have not been met and thatcredentialing is not appropriate, the secretary shallrecommend that no legislative action be taken on a credentialing application.If the secretary determines that clear and convincing evidence which wasmore than hypothetical examples or testimonials was presented to thetechnical committee that the applicant occupational or professional groupof health care personnel should be credentialed by the state, that theapplicant occupational or professional group of health care personnel hasmet all the criteria established by law or by rules and regulations forcredentialing and that credentialing by the state is appropriate, thesecretary shall recommend that the occupational or professional group ofhealth care personnel be credentialed. If the secretary recommends thatan occupational or professional group of health care personnel becredentialed, the secretary shall recommend: (1) The level or levels ofcredentialing, and such recommendation shall be based upon a finding by thesecretary, stated in the report, that all criteria established by law or byrules and regulations concerning the recommended level or levels ofcredentialing have been met; (2) an agency to be responsible for thecredentialing process and the level or levels of credentialing; and (3)such matters as the secretary deems appropriate for possible inclusion inlegislation relating to the recommendation for credentialing.
(c) No group of health care personnel shall be credentialed except byan act of the legislature. The final report of the secretary and the reportand recommendations of the technical committee shall constitute recommendationsto the legislature and shallnot be binding upon the legislature. The legislature may dispose of suchrecommendations and reports as it deems appropriate.
History: L. 1980, ch. 181, § 5;L. 1986, ch. 246, § 5;L. 1987, ch. 232, § 5; July 1.