Board of Nursing
RELATES TO: KRS 314.041, 314.051, 314.071, 314.073
STATUTORY AUTHORITY: KRS 314.131(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 314.131(1) authorizes the board to promulgate administrative regulations to implement the provisions of KRS Chapter 314. This administrative regulation establishes requirements and procedures for the renewal of licenses.
Section 1. Eligibility for Renewal of Licenses. To be eligible for renewal of licenses, applicants shall:
(1) Hold a valid and current license issued by the board;
(2) Submit a completed application form as required by 201 KAR 20:370, Section 1(1), to the board office electronically, or if mailed, postmarked no later than the last day of the licensure period;
(3) Submit the current fee required by 201 KAR 20:240;
(4) Have met requirements of 201 KAR 20:215, if applicable;
(5) Submit certified or attested copies of court records of any misdemeanor or felony convictions with a letter of explanation;
(6) Submit certified copies of any disciplinary actions taken in other jurisdictions with a letter of explanation or report any disciplinary action pending on nursing or other professional or business licenses in other jurisdictions; and
(7) Have paid all monies due to the board.
Section 2. The licensure period for renewal of licenses shall be as specified in 201 KAR 20:085.
Section 3. (1) After the end of the licensure period each year, the board shall randomly select a percentage of nurses who have successfully completed renewal of the license.
(2) Those selected shall be notified in writing that, within thirty (30) days, they shall submit a completed Federal Bureau of Investigation (FBI) Applicant Fingerprint Card and the fee required by the FBI.
(3) The board shall review the report received from the FBI and shall take appropriate action regarding any criminal convictions.
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
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 renewal of a license.
(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 of court records in addition to certified copies. It also implements a procedure for doing criminal background checks (CBC) of renewal applicants.
(b) The necessity of the amendment to this administrative regulation: The statutes were changed in 2015. The statute to allow CBCs was amended several years ago, but is being implemented now for renewals.
(c) How the amendment conforms to the content of the authorizing statutes: The changes are mandated by the 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 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 314.103 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.