GENERAL GOVERNMENT CABINET
Board of Nursing
201 KAR 20:280. Standards for developmental status, initial status, and approval of prelicensure registered nurse and practical nurse programs.
RELATES TO: KRS 314.011(5), (9), 314.111(1), (2), (3), 314.131(2)
STATUTORY AUTHORITY: KRS 314.131(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 314.111 requires the board to review, approve and possibly withdraw approval for schools of nursing. This administrative regulation establishes the standards for the development and approval of programs which prepare graduates for admission to the licensure examination and to facilitate endorsement of licensure status to other states.
Section 1. Definitions. (1) "Developmental status" means approval of the proposal.
(2) "Initial status" means admission of the first class.
(3) "Program approval" means permission by the board to operate a program of nursing.
Section 2. Establishment of a Program of Nursing. (1) The governing institution may receive consultation from the board prior to establishing a program of nursing.
(2) The governing institution that desires to establish and conduct the program of nursing shall be accredited as established in 201 KAR 20:260, Section 2.
2.] Letter of Intent. (1) The governing institution shall
submit to the board a letter of intent to establish a prelicensure program of
nursing and the fee required by 201 KAR 20:240.
(2) The letter of intent shall be completed under the direction or consultation of a registered nurse who meets the qualifications of a program administrator as established in 201 KAR 20:310.
(3) The letter of intent shall include:
(a) Approval from the governing body of the institution proposing the program of nursing or other empowered approval bodies as applicable;
(b) The results of a feasibility study that includes the following information related to the need for the program of nursing:
Population data within the past three (3) years of both the
state and the geographic area to be served; 2.]
workforce supply and demand data from the past year for the area within a
fifty (50) mile radius; and
The rationale for why the particular geographic area was chosen; 4.
A survey of all hospitals, nursing homes, and other health-related facilities
where graduates of the program could be hired. a.
The letter of intent shall include copies of the completed survey forms. b.
The survey forms shall include: (i)
How many registered nurses (RNs) and licensed practical nurses (LPNs) are
The attrition rate for the nurses employed each year for the past three (3) years
and why does this attrition occur; (iii)
How many openings for RNs and LPNs are available at the time of the survey; (iv)
How many positions for RNs and LPNs are budgeted for the next three (3) years;
If the facility expects to increase or decrease the number of beds in the next
three (3) to five (5) years; 5.
A description of the characteristics of the population in the community to be
served to include current and emerging health needs based on statistical
studies to include age groups and socioeconomic status; 6.
A summary of how the market in this area will support the need for the program
with an analysis of data and percentages; 7.]
A description of the applicant pool that is being targeted and how this
population will be reached;[ and 8.
The availability of qualified staff, including faculty, within a fifty (50)
of an investigation into the projected impact on the operation of programs of
nursing with-in a fifty (50) mile radius, which shall include information on
the wait list for these programs for the last three (3) years, and] Evidence
that an introductory letter has been sent to all[ the impacted]
programs within a fifty (50) mile radius;
(d) Documentation from cooperating healthcare agencies in the community that they will provide support for the creation of the program of nursing. This documentation shall include evidence of the agencies’ intention to contribute to the achievement of the clinical objectives of the program;
(e) General information about the governing institution including the mission, ownership, method of financing, accreditation, enrollment, area served, and institutional faculty qualifications and resources;
(f) A timeline for the hiring of a full time program administrator, admission of students, and projected graduation of the first class;
(g) Evidence of a sound financial base and demonstrated financial stability available for planning, implementing, and maintaining the proposed program of nursing;
(h) A copy of the curriculum vitae of the registered nurse involved in the planning; and
(i) Description and rationale for the proposed type of program of nursing.
(4)(a) If concerns are raised about the need for the program or about the ability of the program to obtain appropriate clinical sites, a hearing shall be held before the board’s education committee to act upon the letter of intent.
(b) At the conclusion of the hearing, the committee shall recommend to the board whether or not to approve the letter of intent.
(c) If the letter of intent is approved by the board, the governing institution shall be notified in writing that it may move to the proposal phase. The governing institution shall appoint a qualified program administrator and provide appropriate resources, consultants, and faculty to develop the proposed program plan. The proposal shall be submitted within one (1) year of the date of the approval of the letter of intent or the letter of intent shall expire.
3.] Proposal Phase. (1)(a) A completed program proposal
shall be submitted to the board by the governing institution for approval[ no
less than one (1) year prior to the anticipated opening date for a program of
(b) If the governing institution has not completed the program proposal within one (1) year of submission, the program proposal shall be void and the governing institution shall comply with Section 3 of this administrative regulation.
The program shall not be announced, advertised, or students admitted to the
program of nursing until the proposal has been approved and
approval] status has been granted by the board.
(3) The program proposal shall include:
(a) Philosophy, mission, and learning outcomes of the governing institution;
(b) An organizational chart of the governing institution and written plan, which describes the organization of the program of nursing and its relationship to the institution;
(c) Proposed philosophy, mission, and learning outcomes for the proposed program;
(d) Curriculum design including proposed course sequence and credit hours delineating those credits assigned to theory and clinical;
Recruitment plan and the enrollment baseline as set out in 201 KAR 20:260,
five (5) year projection for student enrollment];
(f) A five (5) year plan for recruiting and retaining qualified nurse faculty;
(g) A proposed job description for the program administrator reflecting authority and responsibility;
(h) A description of faculty offices, classrooms, clinical skills laboratory, library facilities, conference rooms, and learning resources;
(i) A description of support services for students, to include provision of health services or evidence of an emergency plan for care, academic advisement, student services, mechanism for obtaining learning resources, and financial aid;
(j) Availability and willingness of accredited agencies to provide clinical experiences across the curriculum. This information shall include the:
1. Shifts and days students will work;
2. Number of students each agency can accept;
3. Clinical experience that will be available from each agency;
4. Other nursing programs that utilize this agency; and
5. Plan to avoid displacement of students from existing programs;
(k) Policies and procedures for student selection and progression, including the plan to retain students so as to maintain a low attrition rate;
A plan for clerical assistance and support staff as set out in 201 KAR
20:260, Section 2(6)[
available to the program for planning,
implementing, and maintenance of the program];
(m) A general plan for an on-going, research based planning and evaluation process that incorporates a systematic review of the program that results in continuing improvement; and
(n) A description of financial resources to support the program including a budget for the first three (3) years with projected revenues and expenditures and the amount of resources going to institutions or organizations for contractual or support services.
The program of nursing shall meet with the board staff[
representative of the board shall arrange a site visit to the governing
institution and the program of nursing] to clarify, verify, and amplify
materials included in the[ proposed] program proposal[ plan].
Prior to approval being granted, a written report shall be submitted to the
board by the board representative who conducts the site visit. (b)
This site visit shall not be construed as affirming that the proposed program
plan meets requirements.]
The governing institution shall be notified in writing of action taken by the
board on the proposal[
and the site visit report].
(a) If the board determines that all requirements have been met, the program shall be granted developmental status. The board, in collaboration with the program, shall determine an opening date.
If the board determines that all requirements have not been met, the program
may be granted developmental status based on compliance with the terms and
conditions identified in the site visit report. (c)
If the program does not comply with the terms and conditions identified in the
site visit report, the program shall be denied approval.]
Approval to establish a program of nursing]
shall be withdrawn if program requirements are not met or[ and] if
a class is not enrolled within eighteen (18) months after the board granted
developmental status[ approval].
If a proposed program does not comply with 201 KAR[
through 360, developmental status[ approval] may be withdrawn.
The governing institution shall be notified in writing of the withdrawal of
(7) Students shall not be admitted to the program of nursing until developmental approval has been granted by the board.
Failure to submit board required reports within the designated time period may
result in the withdrawal of developmental[
(9) Employment of program administrator and faculty.
(a) The program administrator shall be the first faculty member employed, and shall have assumed full time responsibilities for the program prior to submission of the proposal to the board.
(b) The faculty as established in 201 KAR 20:310 shall be employed in sufficient numbers to prepare for the development of the curriculum component of the program.
(10) Any deviation from the initial curriculum plan approved within the proposal shall be approved by the board before the first class begins course requirements.
(11) Written contracts for use of clinical facilities shall be executed prior to admission to the first nursing course.
The program of nursing shall submit semi-annual[
progress and evaluation reports to demonstrate implementation of the approved
proposal until the first class graduates.
(13) Site visits shall be conducted by the board as necessary.
5. Initial Status and Program Approval[
4. Approval Status]. (1)
The status of the program shall move automatically from developmental status
to initial status[ approval] upon admission of the first class. It
shall be the responsibility of the program of nursing to notify the board of
the admission of the first class.
(2) The program shall notify the board in writing thirty (30) days prior to the graduation of the first class.
Eligibility for program approval occurs after the graduation of the first
class. Within sixty (60)[
ninety (90)] days after[ of]
graduation of the first class, the faculty shall submit a written report[ conduct
a self-study] that:
Evaluates the implementation[
establishment] of the program of
nursing compared to the approved proposal; and
Addresses compliance with the standards set by 201 KAR 20:260 through 360[
a written report to the board prior to consideration for full approval].
The decision to grant or deny program[
full] approval shall be
based on review of the report submitted by the program of nursing and a site
visit report by a representative of the board[ : (a)
Program evaluation by the faculty and the program administrator; (b)
Site visit report by the board representative conducted to evaluate program
compliance with administrative regulations; and (c)
Other facts that pertain to the program and reports necessary to document that
standards have been met].
If program approval is denied, the applicant may request a hearing pursuant
to KRS Chapter 13B[
After receipt of the self-study, the board shall
determine the approval status of the program as established in 201 KAR 20:360,
GAIL WISE, President
APPROVED BY AGENCY: December 11, 2015.
FILED WITH LRC: January 7, 2016 at 11 a.m.
PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 22, 2016 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 end of day (11:59 p.m.), February 29, 2016. 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 firstname.lastname@example.org.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person: Nathan Goldman
(1) Provide a brief summary of:
(a) What this administrative regulation does: It sets initial approval standards for prelicensure RN and LPN programs of nursing.
(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 standards.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: By setting standards.
(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: This amendment is part of a comprehensive review of the administrative regulations governing RN and LPN prelicensure programs of nursing. The relevant administrative regulations have been reviewed to ensure they are current and address all relevant issues. This particular administrative regulation, among several housekeeping changes, includes the following changes: the requirements for a letter of intent have been changed to more appropriately reflect the necessary information; the categories of approval have been changed to developmental, initial, and approved. All other categories have been eliminated.
(b) The necessity of the amendment to this administrative regulation: The changes were needed to meet new circumstances and to improve the approval process for programs of nursing.
(c) How the amendment conforms to the content of the authorizing statutes: The Board is authorized to make these changes.
(d) How the amendment will assist in the effective administration of the statutes: By addressing the issues.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Current and future prelicensure programs of nursing; currently there are 56 RN programs and 30 LPN programs in Kentucky.
(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: The actions each entity will have to take will differ depending on the particular circumstances of each program. Each program will be expected to be in compliance with the administrative regulation. The Board will work with each program to assist in this endeavor.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Any potential cost will depend on the particular circumstances of the program.
(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 314.111, 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.