GENERAL GOVERNMENT CABINET

Board of Nursing

(Amendment)

 

      201 KAR 20:220. Nursing continuing education provider approval.

 

      RELATES TO: KRS 314.011(12), 314.073, 314.131(1), (2)

      STATUTORY AUTHORITY: KRS 314.131(1), (2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 314.131(2) and 314.073(3) require the board to establish continuing competency requirements and approve providers of continuing education. This administrative regulation establishes requirements for providers of continuing education.

 

      Section 1. Definitions. (1) "Continuing education activity" means an offering given by a provider of continuing education who has been approved by the board and that relates to the practice of nursing or contributes to the competency of a nurse extending knowledge beyond that obtained in initial nursing preparation or pertinent to specific work requirements.

      (2) "Refresher course" means an organized learning experience, designed, planned, and evaluated to meet behavioral outcomes designed to update knowledge of nursing theory and practice competencies by licensure category.

 

      Section 2. (1) A provider applicant who wants to offer a continuing education activity or a refresher course shall submit an:

      (a) Application for Provider Approval; and

      (b) Application fee as established in 201 KAR 20:240.

      (2) If an application is approved, the board shall issue a provider number to the applicant.

      (3)[Provider approval shall initially expire on December 31 of the second year following initial approval.

      (4)] On or before September 30 of the year in which an approval period expires, an approved provider shall submit the:

      (a) Application for Provider Renewal; and

      (b) Fee as established in 201 KAR 20:240.

      (4)[(5)] Renewal shall be for two (2)[five (5)] years.

      (5)[(6)](a) A provider applicant may establish compliance by submitting evidence of approval by one (1) of the following organizations:

      1. American Association[Academy] of Nurse Practitioners;

      2. American Association of Critical Care Nurses;

      3. American Association of Nurse Anesthetists;

      4. American College of Nurse Midwives;

      5. American Nurses Credentialing Center;

      6. Association of Women's Health, Obstetrical and Neonatal Nurses;

      7. National Association of Nursing Practitioners in Women's Health;

      8. National Association Pediatric Nurses Associates and Practitioners;

      9. National Association for Practical Nurses Education and Service;

      10. National Federation of Licensed Practical Nurses;

      11. National League for Nursing; or[and]

      12. State Boards of Nursing.

      (b) Paragraph (a) of this subsection shall include a provider that offers a continuing education activity related to the pharmacology requirement established in 201 KAR 20:215, Section 5(2).

      (6)[(7)](a) An organization that approves nursing continuing education may request that it be added to this administrative regulation.

      (b) An organization shall be included in this administrative regulation if its standards are comparable to the standards established by the provisions of this administrative regulation.

 

      Section 3. (1) The board may review a provider's continuing education activities, refresher courses, or approval status at any time.

      (2) Except as provided in subsection (3) of this section, if after a review of a provider it is determined that the provider does not comply with this administrative regulation, the board shall send the provider notice of its intent to deny or limit the provider's approval status.

      (3) If after a review of a continuing education activity or refresher course it is determined that the activity does not comply with this administrative regulation, the board shall send the provider notice of its intent to deny approval status for subsequent offerings of that specific continuing education activity.

      (4)(a) A request for a hearing before the board shall be filed within ten (10) days of receipt of the board's notice.

      (b) If a provider fails to submit a request for a hearing within the time established in paragraph (a) of this subsection, the board shall implement the action proposed in its notice.

 

      Section 4. Providers shall comply with the following standards:

      (1)(a) A registered nurse who meets the qualifications established in paragraph (b) of this subsection shall be administratively responsible for continuing education activities, including:

      1. Planning;

      2. Development;

      3. Implementation; and

      4. Evaluation.

      (b) A nurse administrator shall:

      1. Hold a current[active] license or privilege to practice;

      2. Have experience in adult and continuing education; and

      3. Hold a baccalaureate or higher degree, in nursing.

      (c) The provider shall designate an alternate nurse administrator who shall meet the requirements established in paragraph (b) of this subsection.

      (2) Organized learning activities shall be based upon a reasonable justification supporting the need for the continuing education that:

      (a) Enhances the quality, safety and effectiveness of care provided by nurses; and

      (b) Contributes directly to the competence of a nurse.

      (3) The content of nursing continuing education shall be designed to:

      (a) Present current theoretical knowledge to enhance and expand nursing skills; and

      (b) Promote competence in decision making[the development, or change in attitudes, necessary to make competent judgments and decisions in nursing].

      (4) Outcomes for continuing education activities shall be:

      (a) Related to nursing practice and interventions;

      (b) Stated in clearly defined expected learner outcomes; and

      (c) Consistent with evidence of a need for the continuing education activity or refresher course.

      (5) The continuing education activity shall reflect cooperative planning between the nurse administrator, faculty, and content experts.

      (6) The content for each educational activity shall include and be documented in provider files:

      (a) An agenda indicating a presentation schedule, presenters, topics, meals, breaks; and

      (b) An outline format with corresponding time frames and teaching methods indicated for each content area.

      1. The content shall be related to and consistent with the outcome.

      2. The outcomes shall provide statements of observable behaviors that present a clear description of the competencies to be achieved by the learner.

      (7) Teaching methods shall be consistent with the content and learning objectives, and shall reflect the use of adult learning principles. Activities of both the teacher and the learner shall be specified in relation to the content outline.

      (8) Faculty for continuing education activities and refresher courses shall have:

      (a) Documented expertise in the subject matter; and

      (b) Experience in presenting to adult learners and facilitating adult learning.

      (9) The name, title and credentials identifying the educational and professional qualifications for each faculty member shall be retained in the provider offering files.

      (10) Resources allocated for the continuing education activity or refresher course shall be adequate in terms of education unit organization, with fiscal support for adequate staff, facilities, equipment, and supplies to ensure quality teaching-learning in a comfortable environment that is accessible to the target audience.

      (11) Participants shall be provided with essential information for review prior to registration. This information shall include:

      (a) Learner outcomes;

      (b) Content overview;

      (c) Date, time, and presentation schedule;

      (d) Presenter;

      (e) Number of contact hours;

      (f) Fee and refund policy;

      (g) Target audience and any prerequisites; and

      (h) Requirements for successful completion that shall be clearly specified and shall include a statement of policy regarding candidates who fail to successfully complete the continuing education activity.

      (12) Published information about continuing education activities offered by providers approved by the board shall include the provider number.

      (13)(a) A provider shall notify the board in writing within one (1) month of any changes in its administration, such as nurse administrator, mailing address, or telephone number.

      (b) Information relevant to the qualifications of the new nurse administrator as established in subsection (1)(b) of this section shall be sent to the board.

      (c) If a qualified nurse is not available to serve in the capacity of the administrator, the provider shall not offer any continuing education activity or refresher course until a qualified nurse administrator is appointed.

      (14) A provider shall designate and publish the number of hours of any portion of an offering dedicated to pharmacology.

      (15) Records of continuing education activities shall be maintained for a period of five (5) years, except for HIV/AIDS education, which shall be maintained for at least twelve (12) years, including the following:

      (a) Title, date, and site of the activity;

      (b) Name of the person responsible for coordinating and implementing the activity;

      (c) Purpose, documentation of planning committee activities, learner outcomes, content outline, faculty, teaching, and evaluation methods;

      (d) Participant roster, with a minimum of:

      1. Name; and

      2. Social Security number or license number;

      (e) Summary of participant evaluations;

      (f) Number of continuing education contact hours awarded:

      1. Contact hours shall be calculated by taking the total number of minutes that the participants will be engaged in the learning activities, excluding breaks, and divide by fifty (50); and

      2. Partial hours shall be permissible after one (1) contact hour is earned;

      (g) Master copy of certificate awarded; and

      (h) All required instructional materials and references shall be identified.

      (16) Participants shall receive a certificate of completion that documents participation with the following:

      (a) Name of participant;

      (b) Offering title, date, and location;

      (c) The provider's name, address, telephone number, approval number, and expiration date of the providership;

      (d) Name and signature of authorized provider representative;

      (e) Number of continuing education contact hours awarded.

      (17) There shall be a clearly defined method for evaluating the continuing education activity, which shall include:

      (a) An evaluation tool that includes participant appraisal of achievement of each outcome, teaching effectiveness of each presenter, relevance of content to stated outcomes, effectiveness of teaching methods, and appropriateness of physical facilities; and

      (b) A mechanism for periodic, systematic evaluation of the provider's total program of educational activities.

      (18) There shall be a summary of the participants’ evaluations for each continuing education activity or refresher course with an action plan with time lines for resolution of identified deficiencies.

      (19) The provider shall have current policies and procedures for the management of the providership that demonstrate compliance with the required standards.

      (20) For an offering that includes clinical practice, the instructor-student ratio for the clinical experience shall not exceed one (1) to ten (10).

      (21) The following constitute in-service education and shall not be considered as a continuing education activity for purposes of this administrative regulation:

      (a) An activity that is part of an employing agency’s staff development program designed to provide information related to the work setting;

      (b) On the job training;

      (c) Orientation;

      (d) Basic cardiopulmonary resuscitation; and

      (e) Equipment demonstration.

 

      Section 5. (1) The following forms are incorporated by reference:

      (a) "Application for Provider Approval", 10/2012, Kentucky Board of Nursing; and

      (b) "Application for Provider Renewal", 10/2012, 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: October 1, 2014

      FILED WITH LRC: October 20, 2014 at 3 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 22, 2014 at 9:00 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 December 31, 2014 at 11:59 p.m. 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 4022, 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 procedures for approval of continuing education providers.

      (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 procedures.

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

      (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 changes the renewal period from five (5) years to two (2) years.

      (b) The necessity of the amendment to this administrative regulation: The five (5) year renewal period caused administrative problems. It was decided to go back to the previous two (2) year renewal period.

      (c) How the amendment conforms to the content of the authorizing statutes: The board is authorized to set these matters.

      (d) How the amendment will assist in the effective administration of the statutes: By changing the renewal period back to two (2) years, the problems caused by the five (5) year period will be eliminated.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Continuing education providers. Presently, there are approximately 250.

      (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 follow the new renewal period.

      (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 314.131.

      (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: