GENERAL GOVERNMENT CABINET

Board of Nursing

(Amendment)

 

      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 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);[and]

      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 report 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[; 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.

      (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 at all times be physically present in the facility and immediately available to the applicant while the applicant holds a provisional license.

      (4) The nurse responsible for the applicant shall be currently licensed or privileged to practice 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.[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 in accordance with this section.

      (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 6.[7.] 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.

 

SALLY BAXTER, President

      APPROVED BY AGENCY: June 12, 2015

      FILED WITH LRC: July 2, 2015 at 9 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 24, 2015 at 10:00 a.m. (EST) in the office of the Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until 11:59 p.m. on August 31, 2015. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.

      CONTACT PERSON: Nathan Goldman, General Counsel, Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky 40222, phone (502) 429-3309, fax (502) 564-4251, email nathan.goldman@ky.gov.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Nathan Goldman

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: It sets the requirements for licensure by examination.

      (b) The necessity of this administrative regulation: It is required by statute.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: By setting requirements.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: By setting requirements.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: It makes several changes to the administrative regulation required by legislation passed by the 2015 Regular Session. It allows attested copies as well as certified copies of court records. It deletes the HIV/AIDS requirement and the LPN role delineation course requirement.

      (b) The necessity of the amendment to this administrative regulation: The statutes were changed in 2015.

      (c) How the amendment conforms to the content of the authorizing statutes: The changes are mandated by the new statutes.

      (d) How the amendment will assist in the effective administration of the statutes: By complying with the statutes.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Applicants for licensure by examination, number unknown.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: They will have to comply with the new requirements.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There is no new cost.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): They will be in compliance with the regulation.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: There is no additional cost.

      (b) On a continuing basis: There is no additional cost.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Agency funds.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase is needed.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: It does not.

      (9) TIERING: Is tiering applied? Tiering was not applied as the changes apply to all equally.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      (1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Board of Nursing.

      (2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. KRS 314.041, 314.051, and 314.131.

      (3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? None.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? None.

      (c) How much will it cost to administer this program for the first year? No additional cost.

      (d) How much will it cost to administer this program for subsequent years? No additional cost.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation: