201 KAR 20:070. Licensure by examination.

201 KAR 20:070. Licensure by examination.

RELATES TO: KRS 194A.540, 214.615, 314.041, 314.051(3), (6), 314.470

STATUTORY AUTHORITY: KRS 314.041(2), 314.051(3), 314.131(1)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 314.131(1) authorizes the Kentucky Board of Nursing to promulgate administrative regulations to implement the provisions of KRS 314.011 to 314.991. KRS 314.041(2) requires an applicant for licensure as a registered nurse to pass an examination prescribed by the board. KRS 314.051(3) requires an applicant for licensure as a licensed practical nurse to pass an examination prescribed by the board. This administrative regulation establishes the requirements for the licensure of nurses by examination.

Section 1. Eligibility for Licensure by Examination for a Graduate of a Kentucky Program or Other State or Territorial Nursing Program. (1) To be eligible for licensure by examination, an applicant shall:

(a) Submit:

1. A properly executed application for licensure, as required by 201 KAR 20:370, Section 1(1);

2. The licensure application fee as established in 201 KAR 20:240;

3. A report from the Kentucky Administrative Office of the Courts, Courtnet Disposition System that is within six (6) months of the date of the application;

4. A certified copy of the court record of any misdemeanor or felony conviction as required by 201 KAR 20:370, Section 1(3); and

5. A letter of explanation that addresses each conviction, if applicable;

(b) Notify the board as soon as a new address is established after submitting the application;

(c) Submit a copy of a marriage certificate, divorce decree, Social Security card, or court order to change the applicant's name, if the applicant's name is changed after the original application is filed;

(d) When taking the examination, abide by and cooperate with security procedures adopted by the board;

(e) Apply to take and pass the National Council Licensure Examination; and

(f) Meet the requirement for completion of an educational course on the human immunodeficiency virus and acquired immunodeficiency syndrome, as required by KRS 214.615.

(2) An application for licensure shall be valid for a period of one (1) year from the date the application is filed with the board office or until the board receives the results of the examination or until the provisional license expires, whichever comes first.

(3) The name of the applicant shall appear on the Certified List of Kentucky Program of Nursing Graduates as established in 201 KAR 20:260, the Certified List of Out-of-state Program of Nursing Graduates, or the applicant shall request that the program submit to the board an official transcript verifying completion of program requirements. The Certified List of Out-of-state Program of Nursing Graduates shall be submitted by the nurse administrator of the out-of-state program of nursing.

(4) The applicant shall complete the three (3) hour continuing education course on domestic violence within three (3) years of licensure as required by KRS 194A.540.

Section 2. Retaking the Examination. (1) An examination candidate who fails to achieve a passing result may retake the examination after meeting the requirements of Section 1 of this administrative regulation.

(2) The applicant shall not be eligible to take the examination more often than once every forty-five (45) days.

Section 3. Release of Examination Results. The board shall release examination results to:

(1) The candidate;

(2) Other state boards of nursing;

(3) The National Council of State Boards of Nursing, Inc.;

(4) The candidate's program of nursing; and

(5) An individual or agency who submits an applicant's or licensee's written authorization for their release, if applicable.

Section 4. Clinical Internship. (1) An applicant shall request a provisional license by completing the application for licensure required by Section 1 of this administrative regulation.

(2)(a) The board shall issue the provisional license to the applicant after Section 1(1)(a) and (3) of this administrative regulation are met.

(b) In the case of a graduate of a foreign nursing school, the board shall issue the provisional license after the requirements of 201 KAR 20:480, Section 1(1) and (4) are met.

(3) To be eligible for a clinical internship, the applicant shall hold a current provisional license.

(4)(a) A provisional license shall expire six (6) months from the date of issuance by the board and shall not be reissued unless the provisions of subsection (5) of this section or paragraph (b) or (c) of this subsection apply.

(b) If the applicant passes the NCLEX but has not completed the clinical internship prior to the expiration of the provisional license, the applicant shall meet the requirements of Section 1(1)(a), (b), and (c) of this administrative regulation.

1. A new provisional license shall be issued.

2. The applicant shall complete the clinical internship, but does not need to retake the NCLEX.

3. Regardless of hours that may have been completed under the first provisional license, the applicant shall complete 120 hours under the new provisional license.

(c) If the applicant fails the NCLEX and has not completed the clinical internship, the provisional license shall be voided. The applicant shall meet the requirements of Section 1(1)(a) through (e) of this administrative regulation, as applicable.

2. A new provisional license shall be issued after the applicant passes the NCLEX, at which time the applicant shall complete the clinical internship.

3. Regardless of hours that may have been completed under the first provisional license, the applicant shall complete 120 hours under the new provisional license.

(d) If the applicant fails the NCLEX and has completed the clinical internship, the provisional license shall be voided.

1. The applicant shall meet the requirements of Section 1(1)(a) through (e) of this administrative regulation as applicable.

2. The applicant does not need to complete the clinical internship again.

(e) If the applicant does not take the NCLEX and does not complete the clinical internship prior to the expiration of the provisional license, the applicant shall meet the requirements of Section 1(1)(a) through (e) of this administrative regulation, as applicable, and a new provisional license shall be issued under the provisions of this section.

(5) A person with a temporary physical or mental inability to complete the clinical internship shall:

(a) Complete the Petition to Hold Provisional License in Abeyance; and

(b) Submit evidence from a licensed health care practitioner that documents a diagnosis of a temporary physical or mental inability to complete the internship within the original six (6) months.

(6)(a) If the Petition to Hold Provisional License in Abeyance is granted, the current provisional license shall be void and shall be immediately returned to the board.

(b) The person whose petition has been granted shall not engage in nursing practice.

(7)(a)1. A person whose petition has been granted shall submit a written request to the board to reissue the provisional license once the temporary physical or mental inability has been resolved.

2. The request shall include the name, address, telephone number, date of birth, and Social Security number of the person.

3. The request shall also include written verification from a licensed health care practitioner that the temporary physical or mental inability has been resolved.

4. The person shall also submit a report from the Kentucky Administrative Office of the Courts, Courtnet Disposition System, if the previous one (1) is more than six (6) months old.

(b) Upon submission of the required documentation and approval by the board, the board shall reissue the provisional license for six (6) months.

(c) If the required documentation is submitted more than one (1) year from the date of the initial application for licensure, the person shall meet the requirements of Section 1 of this administrative regulation.

(8) Documentation of completion of the clinical internship shall be submitted to the board in writing or electronically and it shall include the following:

(a) Name, address, telephone number, Social Security number, and date of birth of the applicant;

(b) Provisional license number;

(d) Name of the supervising nurse.

(9) To qualify as "direct supervision" under KRS 314.041(5) and 314.051(6), the nurse responsible for the applicant shall at all times be physically present in the facility and immediately available to the applicant while the applicant is engaged in the clinical internship.

(10) The nurse responsible for the applicant shall be currently licensed to practice as a nurse in Kentucky.

(11)(a) An applicant may take the NCLEX examination anytime after being made eligible and may also complete the clinical internship at the same time.

(b) if the applicant has failed the NCLEX examination as a result of an application for licensure in a jurisdiction other than Kentucky, a provisional license to complete the clinical internship shall not be issued until the applicant has passed the NCLEX.

(12) If the applicant fails the examination, the provisional license shall be void and shall be immediately returned to the board.

Section 5. Practical Nurse Role Delineation Course. (1) A graduate of a board-approved registered nurse program who is unsuccessful on the National Council Licensure Examination for registered nurses may apply for licensure by examination as a licensed practical nurse pursuant to KRS 314.041(13).

(2)(a) Prior to applying for licensure as a practical nurse, the applicant seeking practical nurse licensure pursuant to KRS 314.041(13) shall complete a board-approved practical nursing role delineation course.

(b) The applicant shall return the registered nurse provisional license, if applicable.

(3)(a) The course shall be taken only at an approved LPN program of nursing.

(b) The program of nursing shall seek approval of the course from the board.

(4) The course shall consist of at least eight (8) hours of didactic instruction and sixteen (16) hours of clinical instruction.

(5) At the conclusion of the course, the individual shall be able to make decisions and take actions that are consistent with the scope and standards of practical nursing practice, established policies, procedures, and licensing laws.

(6) The LPN program of nursing shall submit to the board a certified list of individuals who completed the course.

(7) After completion of the practical nurse role delineation course, the applicant shall comply with Section 1 of this administrative regulation.

Section 6. Nurse Licensure Compact Provisions. (1) An applicant who is issued a license and who does not have permanent residency in Kentucky shall be issued a license that indicates on the license that it is only valid in Kentucky.

(2) The board may request that an applicant provide evidence of the applicant's state of residence.

Section 7. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Certified List of Kentucky Program of Nursing Graduates", (2/06), Kentucky Board of Nursing;

(b) "Petition to Hold Provisional License in Abeyance," (8/04), Kentucky Board of Nursing; and

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m. (BNE-8; 1 Ky.R. 1251; eff. 7-2-75; Am. 6 Ky.R. 419; eff. 4-1-80; 8 Ky.R. 780; eff. 3-1-82; 9 Ky.R. 251; eff. 9-8-82; 11 Ky.R. 1621; eff. 6-4-85; 14 Ky.R. 571; eff. 11-6-87; 19 Ky.R. 1637; eff. 2-17-93; 20 Ky.R. 2044; 2622; eff. 3-14-94; 3219; eff. 8-4-94; 22 Ky.R. 1872; 2287; eff. 6-6-96; 24 Ky.R. 1752; 2108; eff. 4-13-98; 25 Ky.R. 592; 1030; eff. 11-18-98; 26 Ky.R. 1437; eff. 2-16-2000; 27 Ky.R. 820; 1247; eff. 11-17-2000; 28 Ky.R. 676; 1114; eff. 10-17-01; 1677; eff. 3-14-02; 29 Ky.R. 498; 918; eff. 10-16-02; 2121; eff. 4-11-03; 30 Ky.R. 378; eff. 10-15-03; 30 Ky.R. 378; 1584; 1926; eff. 2-16-04; 31 Ky.R. 792; 1290; 1399; eff. 2-22-05; 32 Ky.R. 287; eff. 10-19-05; 1917; eff. 6-21-06; 33 Ky.R. 859; 1286; eff. 11-15-06; 33 Ky.R. 4205; eff. 8-16-07; 34 Ky.R. 2559; 35 Ky.R. 258; eff. 9-5-08.)