GENERAL GOVERNMENT CABINET

Board of Nursing

(Repealer)

201 KAR 20:381. Repeal of 201 KAR 20:200 and 201 KAR 20:380.

      RELATES TO: KRS 314.073

      STATUTORY AUTHORITY: KRS 314.131(1)

      NECESSITY, FUNCTION, AND CONFORMITY: 201 KAR 20:200 and 201 KAR 20:380 are being repealed because they are being added to 201 KAR 20:220.

      Section 1. The following administrative regulations are hereby repealed:

      (1) 201 KAR 20:200, Definitions for mandatory continuing education; and

      (2) 201 KAR 20:380, Standards for refresher course approval.

SALLY BAXTER, President

      APPROVED BY AGENCY: October 11, 2012.

      FILED WITH LRC: January 10, 2013 at 1 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 26, 2013 at 1:00 p.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 by February 19, 2012, 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 close of business February 28, 2013. 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 repeals administrative regulations 201 KAR 20:200 and 201 KAR 20:380.

      (b) The necessity of this administrative regulation: 201 KAR 20:200 and 201 KAR 20:380 are being merged into 201 KAR 20:220. Most of the definitions in 201 KAR 20:200 are no longer in the administrative regulations. The remaining ones are being moved to 201 KAR 20:220. The provisions concerning the refresher course approval are substantially the same as other continuing education providers, so are being moved to 201 KAR 20:220 as well.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: Administrative regulations that are no longer necessary must be repealed.

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

      (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 is not an amendment.

      (b) The necessity of the amendment to this administrative regulation: N/A

      (c) How the amendment conforms to the content of the authorizing statutes: N/A

      (d) How the amendment will assist in the effective administration of the statutes: N/A

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Applicants who wish to establish a refresher course, 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:

This is a repealer regulation.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): This is a repealer regulation.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): This is a repealer 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?

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 13A.310

      (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: