Kan. Admin. Regs. § 28-60-2 - Notice of intent

(a) Each applicant seeking to have a credentialing application reviewed, according to the provisions of K.S.A. 1987 Supp. 65-5001, et seq., as amended by L. 1988, Ch. 246, Sec. 22, and amendments thereto, shall first submit to the secretary a notice of intent.

(b) Each notice of intent shall contain the following information regarding the applicant:

(1) The names of the organizations and the number of members in each organization;

(2) the names of the national organizations, if the organizations are state affiliates of national organizations; and

(3) the names, addresses, organization affiliations, and telephone numbers of the persons designated to represent the applicant.

(c) Each notice of intent shall contain the following information regarding the profession or occupation that the applicant is seeking to have credentialed:

(1) Each name and title of the profession or occupation;

(2) the approximate number of members of the profession or occupation practicing in Kansas;

(3) the titles, addresses, and telephone numbers of all other organizations in Kansas consisting of members of the profession or occupation;

(4) a list and description of each function typically performed by members of the profession or occupation that pertain to services rendered directly or indirectly for the purpose of:

(A) Preventing physical, mental, or emotional illness;

(B) detecting, diagnosing, and treating illness;

(C) facilitating recovery from illness; and

(D) providing rehabilitative or continuing care following illness;

(5) the approximate percentage of time spent in each function listed in paragraphs (4), (A), (B), (C) and (D) of this subsection;

(6) the training, education, or experience required to perform the functions of the profession or occupation;

(7) the titles of all other health professions or occupations that:

(A) Perform the same type of functions as the profession or occupation, but at a different level of skill or training;

(B) perform different, but related, functions in association with the profession or occupation; and

(C) perform the same functions as the profession or occupation, but in a different setting or employment situation;

(8) a description of the relationship between the other health professions or occupations identified in paragraphs (7)(A), (B), and (C) of this subsection and the profession or occupation; and

(9) an approximate date on which a credentialing application will be submitted.

(d) Any additional information needed to make a determination as to whether the profession or occupation is properly classified as health care personnel may be requested by the secretary.

(e) A determination as to whether the profession or occupation meets the definition of health care personnel shall be made by the secretary on the basis of the contents of the notice of intent and any additional information requested by the secretary.

(f) Each notice of intent shall be approved or denied by the secretary within 60 days after receiving the notice of intent and any additional information requested, and the applicant shall be given written notice of the decision.

(1) If the secretary approves any notice of intent, the applicant may submit a credentialing application; and

(2) if the secretary denies any notice of intent, the applicant may appeal the secretary's decision.

(g) Any applicant may appeal to the secretary in writing within 60 days after receiving the written denial notification by the secretary.

(h) Each appeal to the secretary shall specify in detail the reasons the applicant disagrees with the decision.

(i) If, after examining the applicant's written appeal, the secretary finds the profession or occupation meets the definition of health care personnel, the applicant may submit a credentialing application to the secretary.

(j) If the secretary finds the profession or occupation does not meet the definition of health care personnel and after exhausting the review procedures outlined in the Kansas judicial review act, the applicant shall not submit a credentialing application to the secretary.

(k) Each applicant shall be given written notice of the final decision by the secretary.

Notes

Kan. Admin. Regs. § 28-60-2

Authorized by K.S.A. 1987 Supp. 65-5009(b); implementing K.S.A. 1987 Supp. 65-5001, as amended by L. 1988, Ch. 246, Sec. 22, effective May 1, 1987; amended, T-88-36, Sept. 17, 1987; amended May 1, 1988; amended Dec. 5, 1988.