201 KAR 20:215. Continuing competency requirements.

 

      RELATES TO: KRS 218A.205(3)(h), 314.011(12), 314.073, 314.991(1)-(3)

      STATUTORY AUTHORITY: KRS 218A.205(3)(h), 314.073, 314.131(1), (2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 314.131(1), (2), and 314.073 require the Board of Nursing to promulgate administrative regulations to establish continuing competency requirements for nurses. This administrative regulation establishes the fees, procedures, and requirements for continuing competency for nurses.

 

      Section 1. Definitions. (1) "Contact hour" means fifty (50) minutes of an approved, organized learning experience.

      (2) "Earning period" means November 1 through October 31 of a current licensure period.

      (3) "Preceptor" means an experienced and competent nurse who assumes responsibility to assist with the clinical practice experience of a nursing student or new employee by serving as a role model, teacher, and resource.

 

      Section 2. (1) A licensee shall choose a method from Section 3 of this administrative regulation to validate his or her continued competency in nursing for each earning period.

      (2) A licensee shall maintain the documentation of the method chosen.

      (3) A licensee shall provide the documentation if directed by the board.

 

      Section 3. Methods for continued competency validation are as follows:

      (1) Fourteen (14) contact hours of continuing education which shall:

      (a) Be from a provider approved by the board pursuant to 201 KAR 20:220 and earned during the licensure period; and

      (b) Include the continuing education required by Section 5 of this administrative regulation;

      (2) Current national certification or recertification and the continuing education required by Section 5 of this administrative regulation. The certification shall be related to the nurse’s practice role and shall:

      (a) Have been initially attained during the licensure period;

      (b) If issued for a period of time as evidenced by an expiration date, have been in effect during the entire licensure period; or

      (c) Have been recertified during the licensure period;

      (3) The continuing education required by Section 5 of this administrative regulation and at least one (1) of the following during the licensure period:

      (a) Completion of a research project that is nursing-related:

      1. As principal investigator, coinvestigator, or project director;

      2. That is qualitative or quantitative in nature;

      3. That utilizes a research methodology;

      4. That increases knowledge, causes an improved outcome, or changes behavior, and that is evidenced by an abstract of the project which includes a summary of the findings;

      (b) Publication of a nursing-related article;

      (c) A nursing continuing education presentation that is:

      1. A presentation that is designed and developed by the presenter;

      2. Presented to nurses or other health professionals; and

      3. Evidenced by a program brochure, course syllabi, or a letter from the offering provider identifying the licensee's participation as the presenter of the offering;

      (d) Participation as a preceptor for at least one (1) nursing student or new employee.

      1. The preceptorship shall be for at least 120 hours.

      2. There shall be a one-to-one relationship between the preceptor and the student or employee.

      3. The preceptor may precept more than one (1) student or employee during the 120 hours.

      4. The preceptorship shall be evidenced by written documentation from the educational institution or preceptor’s supervisor; or

      (4)(a) Seven (7) hours of continuing education from a provider approved by the board pursuant to 201 KAR 20:220 and earned during the licensure period which shall include the continuing education required by Section 5 of this administrative regulation if applicable; and

      (b) A nursing employment evaluation that is satisfactory for continued employment. The evaluation shall:

      1. Cover a period of at least six (6) months during the earning period;

      2. Be signed by the nurse’s supervisor; and

      3. Include the name, address and telephone number of the employer.

      (5) A nurse who renews a license for the first time following graduation from a prelicensure program of nursing shall utilize the following methods for continuing competency validation:

      (a) If employed, either

      1. The provisions of subsection (4) of this section or,

      2. The provisions of subsection (4)(a) of this section and documentation of the nurse’s completion of an orientation to the employer; or

      (b) If not employed or is unable to provide proof of an orientation or an evaluation, the provisions of subsection (1) of this section.

 

      Section 4. (1) A licensee shall provide documentation of the methods used to validate continued competency if the licensee is the subject of a disciplinary complaint.

      (2) A licensee shall provide documentation of the methods used to validate continued competency if requested by the board pursuant to a random audit of licensees.

 

      Section 5. (1) Registered nurses and licensed practical nurses shall earn a minimum of two (2) contact hours of HIV/AIDS education:

      (a) Approved by the Cabinet for Health and Family Services pursuant to KRS 214.610; or

      (b) Offered by a provider approved pursuant to 201 KAR 20:220.

      (c) These contact hours shall be earned at least one (1) time every ten (10) years.

      (2)(a) Advanced practice registered nurses shall earn a minimum of five (5) contact hours in pharmacology.

      (b) Advanced practice registered nurses with a Collaborative Agreement for Advanced Practice Registered Nurse’s Prescriptive Authority for Controlled Substances (CAPA-CS) shall earn, as a part of the requirement of paragraph (a) of this subsection, at least one and one-half (1.5) contact hours related to the use of the KASPER system, pain management, or addiction disorders.

      (3) Sexual assault nurse examiners shall earn the continuing education required by 201 KAR 20:411, Section 8.

      (4)(a) Registered nurses and licensed practical nurses licensed as of July 15, 2010 shall earn a minimum of one and one-half (1.5) contact hours in pediatric abusive head trauma as required by KRS 314.073(7) by December 31, 2013.

      (b) Registered nurses and licensed practical nurses licensed after July 15, 2010 shall earn a minimum of one and one-half (1.5) contact hours in pediatric abusive head trauma as required by KRS 314.073(7) within three (3) years of licensure.

 

      Section 6. (1)(a) A licensee shall maintain records to substantiate methods used to validate competency.

      (b) All records shall be retained for at least five (5) years following the current licensure period, except for HIV/AIDS education records which shall be maintained for twelve (12) years.

      (2)(a) A licensee shall, upon request, furnish to the board or its staff, legible copies of the records required to be maintained by subsection (1) of this section.

      (b) Copies shall be furnished within thirty (30) days of the date a written request is mailed by first class to the last known address of the licensee or applicant.

      (c) Failure to furnish records as required by this administrative regulation shall be cause for the issuance of a complaint pursuant to 201 KAR 20:161 for failure to comply with KRS 314.073(2).

      (3)(a) Except as provided by paragraph (b) of this subsection, if the board determines that a licensee has failed to comply with the continuing competency requirements, he shall be allowed to cure the noncompliance if he:

      1. Meets the continuing competency requirements within ninety (90) days of notification of noncompliance;

      2. Enters a consent decree with the board; and

      3. Pays a civil penalty imposed by the board pursuant to KRS 314.991.

      (b) The board shall issue a complaint pursuant to 201 KAR 20:161 if:

      1. A licensee fails to furnish records as requested pursuant to subsection (2) of this section; or

      2. There is evidence of fraud or deceit in procuring or attempting to procure a license to practice nursing.

      (4)(a) Partial credit for attendance at a continuing education activity shall not be given.

      (b) A licensee who attends continuing education activities, whether as a presenter, participant, or student, shall attend the entire offering to be eligible to receive the number of contact hours for which the activity has been approved.

      (5) It shall be the responsibility of each licensee to select and participate in those continuing education activities that will meet the criteria for acceptable continuing education.

      (6) A licensee shall not repeat a continuing education offering within a licensure period.

 

      Section 7. (1) Successful completion of a postlicensure academic course at a college, university, or postsecondary vocational institution shall qualify as a continuing education activity obtained from an approved provider if relevant to nursing practice under subsection 3 of this section.

      (2) Contact hours shall be calculated as follows:

      (a) One (1) semester or trimester hour of academic credit shall equal fifteen (15) contact hours; or

      (b) One (1) quarter hour of academic credit shall equal twelve (12) contact hours.

      (3) The following courses shall be relevant to nursing practice:

      (a) A nursing course, designated by a nursing course number, and beyond the prelicensure curriculum of the individual licensee; or

      (b) An academic course that is applicable to the nurse's role and beyond the prelicensure curriculum of the individual licensee.

      (4) A licensee may request course review for approval of applicable nursing content pursuant to Section 8 of this administrative regulation.

      (5) If it is an academic course in which grades are given, the licensee shall achieve a grade of "C" or better, or a pass on a pass-fail grading system.

 

      Section 8. (1) A licensee may request an individual review of a nonapproved continuing education activity completed during the earning period if, within thirty (30) days after the expiration of the immediate past licensure period, the licensee has:

      (a) Requested the review by submitting an "Application for Individual Review"; and

      (b) Paid a fee of ten (10) dollars.

      (2) The review shall be based on the standards established by:

      (a) Sections 2 through 7 of this administrative regulation; and

      (b) 201 KAR 20:220.

      (3) Approval by the board of a nonapproved continuing education activity shall:

      (a) Qualify it as having been obtained from an approved provider for the licensee requesting the review; and

      (b) Be limited to the particular offering upon which the request for individual review is based.

      (4) The board may offer continuing education hours for programs sponsored by the board. These continuing education hours shall be deemed to have been obtained from an approved provider. The board shall comply with all applicable provider standards.

 

      Section 9. Incorporation by Reference. (1) "Application for Individual Review", 9/2005, Kentucky Board of Nursing, is incorporated by reference.

      (2) This document may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky 40222-5172, Monday through Friday, 8 a.m. to 4:30 p.m. (6 Ky.R. 699; Am. 7 Ky.R. 400; eff. 10-1-1980; 9 Ky.R. 596; eff. 12-1-1982; 11 Ky.R. 1630; eff. 6-4-1985; 14 Ky.R. 583; eff. 11-6-1987; 2193; eff. 8-5-1988; 18 Ky.R. 3212; 19 Ky.R. 18; eff. 7-4-1992; 2671; eff. 8-6-1993; 22 Ky.R. 1337; 1594; eff. 3-7-1996; 23 Ky.R. 3073; eff. 3-19-1997; 27 Ky.R. 824; 1448; eff. 12-21-2000; 28 Ky.R. 126; eff. 9-10-2001; 29 Ky.R. 502; 921; eff. 10-16-2002; 2123; 2450; eff. 4-11-2003; 30 Ky.R. 2100; 2289; eff. 5-24-2004; 31 Ky.R. 799; 1058; eff. 1-4-2005; 32 Ky.R. 718; eff. 1-6-2006; 2322; eff. 9-1-2006; TAm eff. 7-13-2010; 2905; eff. 8-17-2011; 39 Ky.R. 540; eff. 2-1-2013.)