65-5007. Same; criteria applicable to levels of credentialing regulation.
65-5007
65-5007. Same; criteria applicable to levels of credentialing regulation.(a) All recommendations of the technical committee and thesecretary which relate to the levelor levels of credentialing regulation of a particular group of health carepersonnel shall be consistent with the policy that the leastregulatory means of assuring the protection of the public is preferredand shall be based on alternatives which include, fromleast regulatory to most regulatory, the following:
(1) Statutory regulation, other than registration or licensure, by thecreation or extension of statutory causes of civil action, the creation orextension of criminal prohibitions or the creation or extension ofinjunctive remedies is the appropriate level when this level willadequately protect the public's health, safety or welfare.
(2) Registration is the appropriate level whenstatutory regulation under paragraph (a)(1) is not adequate to protect thepublic's health, safety or welfare and when registration will adequatelyprotect the public health, safety or welfare by identifying practitionerswho possess certain minimum occupational or professional skills so thatmembers of the public may have a substantial basis for relying on theservices of such practitioners.
(3) Licensure is the appropriate levelwhen statutory regulation under paragraph (a)(1) and registration underparagraph (a)(2) is not adequate to protect the public's health, safety orwelfare and when the occupational or professional groups of health carepersonnel to be licensed perform functions not ordinarilyperformed by persons in other occupations or professions.
(b) Reports of the technical committee and thesecretary shall include specific findings on the criteria set forth insubsection (a). No report of the technical committee orthe secretary shall recommend the level or levels of credentialing of anyoccupational or professional group of health care personnel unless all thecriteria set forth in subsection (a) for the recommended level or levels ofcredentialing have been met.
History: L. 1980, ch. 181, § 7;L. 1986, ch. 246, § 7;L. 1987, ch. 232, § 7; July 1.