GENERAL GOVERNMENT CABINET

Board of Nursing

(Amendment)

 

      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 (1) to one (1)[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.

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

      (3)[(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.

 

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 continuing competency.

      (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 deletes the requirement of HIV/AIDS education.

      (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 renewal of licensure, number approximately 80,000.

      (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 314.073 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: