201 KAR 20:070. Licensure by examination.

 

      RELATES TO: KRS 194A.540, 314.041, 314.051(3), (6), 314.103, 314.109, 314.470

      STATUTORY AUTHORITY: KRS 314.041(2), 314.051(3), 314.103, 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 314.103 authorizes the board to require a criminal background check investigation of an applicant or nurse. 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 and incorporated by reference in 201 KAR 20:370, Section 1(1);

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

      3. A completed Federal Bureau of Investigation (FBI) Applicant Fingerprint Card and the fee required by the FBI that is within six (6) months of the date of the application;

      4. 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;

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

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

      7. A certified copy of any disciplinary action taken on any professional or business license in another jurisdiction with a letter of explanation or a report if there is any disciplinary action pending on any professional or business license in another jurisdiction; and

      8. Evidence of completion of the jurisprudence examination required by KRS 314.041(4) for RN applications or KRS 314.051(4) for LPN applications;

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

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

      (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)(a) Except as provided in paragraph (b) of this subsection, the name of the applicant shall appear on the Certified List of Kentucky Program of Nursing Graduates or the Certified List of Out-of-state Program of Nursing Graduates.

      (b) If the name does not appear on the list, the applicant shall request that the program submit to the board an official transcript verifying completion of program requirements.

      (c) 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.

      (5) An applicant shall not be licensed until a report is received from the FBI pursuant to the request submitted pursuant to subsection (1)(a)3 of this section and any conviction is addressed by the board.

 

      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. Provisional License. (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, but not until the report is received from the FBI and any conviction is addressed by the board.

      (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 qualify as direct supervision pursuant to KRS 314.041(5) and KRS 314.051(6), the nurse responsible for the applicant shall be physically present in the facility and immediately available to the applicant during work hours while the applicant holds a provisional license.

      (4) The nurse responsible for the applicant shall be currently licensed or privileged to practice pursuant to KRS 314.470 as a nurse in Kentucky.

      (5) Upon notification to the board that the applicant has failed the NCLEX examination, the provisional license shall be voided.

 

      Section 5. (1) An applicant not from a party state under the Nurse Licensure Compact 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 6. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Certified List of Kentucky Program of Nursing Graduates", 6/10, Kentucky Board of Nursing; and

      (b) "Certified List of Out-of-State Program of Nursing Graduates", 6/10, Kentucky Board of Nursing.

      (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. 4-1-1980; 8 Ky.R. 780; eff. 3-1-1982; 9 Ky.R. 251; eff. 9-8-1982; 11 Ky.R. 1621; eff. 6-4-1985; 14 Ky.R. 571; eff. 11-6-1987; 19 Ky.R. 1637; eff. 2-17-1993; 20 Ky.R. 2044; 2622; eff. 3-14-1994; 3219; eff. 8-4-1994; 22 Ky.R. 1872; 2287; eff. 6-6-1996; 24 Ky.R. 1752; 2108; eff. 4-13-1998; 25 Ky.R. 592; 1030; eff. 11-18-1998; 26 Ky.R. 1437; eff. 2-16-2000; 27 Ky.R. 820; 1247; eff. 11-17-2000; 28 Ky.R. 676; 1114; eff. 10-17-2001; 1677; eff. 3-14-2002; 29 Ky.R. 498; 918; eff. 10-16-2002; 2121; eff. 4-11-2003; 30 Ky.R. 378; eff. 10-15-03; 30 Ky.R. 378; 1584; 1926; eff. 2-16-2004; 31 Ky.R. 792; 1290; 1399; eff. 2-22-2005; 32 Ky.R. 287; eff. 10-19-2005; 1917; eff. 6-21-2006; 33 Ky.R. 859; 1286; eff. 11-15-2006; 33 Ky.R. 4205; eff. 8-16-2007; 34 Ky.R. 2559; 35 Ky.R. 258; eff. 9-5-2008; 37 Ky.R. 423; 10-20-2010; 2900; eff. 8-17-2011; TAm eff. 5-10-2012; 39 Ky.R. 2194; 40 Ky.R. 16; eff. 7-17-2013; 42 Ky.R. 488; 1140; eff. 11-6-2015.)