GENERAL GOVERNMENT CABINET

Board of Nursing

(Amendment)

 

      201 KAR 20:390. Nursing Incentive Scholarship Fund.

 

      RELATES TO: KRS 314.011, 314.025, 314.026, 314.027

      STATUTORY AUTHORITY: KRS 314.026(1), 314.131(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 314.025 through 314.027 authorize the Kentucky Nursing Incentive Scholarship Fund for Kentucky residents. KRS 314.026(1) requires the Board of Nursing to promulgate administrative regulations to implement and administer the scholarship fund. KRS 314.025 authorizes the Nursing Incentive Scholarship Fund to issue grants for nursing workforce competency development. This administrative regulation implements the Kentucky Nursing Incentive Scholarship Fund Program and establishes the requirements relating to the program. This administrative regulation establishes criteria for submitting grant requests.

 

      Section 1. Definitions. (1) "Academic year" means:

      (a) For a registered nursing or graduate nursing program, a twelve (12) month period beginning with a fall session; and

      (b) For a practical nursing program, the completion of the required program.

      (2) "Board" is defined by KRS 314.011(1).

      (3)["Committee" means the Kentucky Nursing Incentive Scholarship Fund Grant Review Committee.

      (4)] "Kentucky resident" is defined by 13 KAR 2:045, Section 1(10).

      (4)[(5)] "Program of nursing" means a prelicensure, BSN completion, or graduate nursing program.

      (5)[(6)] "Successful academic progression" means, except during the last academic year preceding graduation[,]:

      (a) For a prelicensure or BSN completion nursing program, the completion of a minimum of fifteen (15) credit hours per academic year of published requirements for the program of nursing and maintenance of a minimum grade point average which would allow continuation in a program of nursing; or

      (b) For a graduate nursing program, the completion of a minimum of nine (9) credit hours per academic year of published requirements for the program of nursing and maintenance of a minimum grade point average which would allow continuation in the graduate program.

 

      Section 2. Application. (1) To be eligible for a nursing incentive scholarship, an applicant shall:

      (a) Be a Kentucky resident; and

      (b) Have been accepted for admission to a program of nursing.

      (2) An applicant shall submit a completed Nursing Incentive Scholarship Application by June 1 to apply for a scholarship for the following academic year.

      (3) An applicant shall attach to the Nursing Incentive Scholarship Application a copy of the Student Aid Report from the Free Application for Federal Student Aid (FAFSA) for the current year, if requesting preference for financial need.

 

      Section 3.[ The Committee. (1) A member of the committee shall serve for two (2) years and may be reappointed.

      (2) The committee shall meet as needed to review grant requests submitted pursuant to Section 11 of this administrative regulation.

      (3) A member of the committee shall:

      (a) Serve without compensation; and

      (b) Be reimbursed for actual and necessary expenses related to serving on the committee.

 

      Section 4.] Criteria for Awards. The board shall consider the following criteria in evaluating an application and shall award points as follows:

      (1) Preference categories as specified in KRS 314.025(2):

      (a) Licensed practical nurses, twenty-five (25) points;

      (b) Registered nurses pursuing graduate nursing education, twenty-five (25) points; and

      (c) Financially-needy Kentucky residents, twenty-five (25) points. Financial need shall be determined by the annual FAFSA Pell Grant Indicator of Eligibility for Financial Aid.

      (2) Potential for academic success, as follows: high school, vocational school, college, or university grade point average for whichever institution the applicant most recently attended:

      (a) Three and five-tenths (3.5) to four (4.0), twenty-five (25) points;

      (b) Three (3) to three and four-tenths (3.4), twenty (20) points; and

      (c) Two and five-tenths (2.5) to two and nine-tenths (2.9), fifteen (15) points.

      (3) Previous health care experience, either paid or volunteer, shall be equal to five (5) points for each year in which service is validated, to a maximum of twenty-five (25) points.

 

      Section 4.[5.] Amount of Award. (1) The board shall be notified by the board's fiscal officer as to the current fund balance prior to making an award.

      (2)(a) The board shall first make awards to those recipients who:

      1. Received an award in the previous year; and

      2. Remain eligible to receive an award pursuant to Section 6[7] of this administrative regulation in the current year.

      (b) If funds remain available after the awards are made pursuant to paragraph (a) of this subsection, the board shall make an award to other eligible applicants.

 

      Section 5.[6.] Procedure for Disbursement of Awards. (1) Disbursement of funds shall be made directly to the recipient.

      (2) Disbursement shall be made annually.

      (3) Each educational institution in which a student receiving a nursing incentive scholarship award is enrolled shall certify to the board no later than thirty (30) days from the beginning of each semester, that the recipient:

      (a) Has enrolled; and

      (b) Is in good standing in the nursing program.

 

      Section 6.[7.] Continuing Eligibility Criteria. (1) A recipient of a nursing incentive scholarship shall be eligible to continue to receive an award if the recipient:

      (a) Maintains successful academic progression through the program; and

      (b) Submits to the board a completed Nursing Incentive Scholarship Fund Application form by June 1.

      (2) The educational institution shall immediately notify the board of a change in a recipient's enrollment status.

      (3) An award recipient in a practical nursing program shall not be eligible for further awards from the Nursing Incentive Scholarship Fund while enrolled in that program.

 

      Section 7.[8.] Disbursement Contract. (1) Prior to disbursement of initial funds, the recipient shall sign a Nursing Incentive Scholarship Fund Contract.

      (2) The recipient shall sign a Nursing Incentive Scholarship Fund Promissory Note for each year in which funds are disbursed.

 

      Section 8.[9.] Repayment and Deferral. (1) A recipient shall immediately become liable to the board to pay the sum of all scholarships received and the accrued interest on the scholarships if the recipient fails to complete the:

      (a) Nursing program in which he or she is enrolled within the time specified by the program of nursing; or

      (b) Required employment as specified in the contract.

      (2) Written notification of demand for repayment shall be sent by the board to the scholarship recipient's last known address and shall be effective upon mailing.

      (a) The board may agree, in its sole discretion, to accept repayment in installments in accordance with a schedule established by the board.

      (b) Payments shall first be applied to interest and then to principal on the earliest unpaid contracts.

      (3) Repayment may be deferred in the case of disability, major illness, or accident that prevents a recipient from completing a program of nursing or being employed as a nurse in Kentucky.

      (4) A student enrolled in a program of nursing may defer repayment if the student fails to achieve successful academic progression.

      (a) This deferment shall apply for one (1) academic year.

      (b) If the student fails to achieve successful academic progression after that time, repayment shall be due.

      (c) If the student achieves successful academic progression within the allotted time, he or she may apply for a continuation award pursuant to Section 6[7] of this administrative regulation.

      (5)(a) If a deferment is requested, the recipient shall submit the request to the board on a Nursing Incentive Scholarship Fund Request for Deferment form.

      (b) If the request for deferment is submitted pursuant to subsection (3) of this section, the Nursing Incentive Scholarship Fund Request for Deferment form shall be accompanied by a physician's statement.

      (6) If a recipient fails to pass the licensure examination within two (2) years of graduation, the sum of all nursing incentive scholarships received by the recipient, and the accrued interest, shall become due and payable.

      (7) If a court of competent jurisdiction determines that the recipient has defaulted and the funds are due and owing to the board, then the provisions of 201 KAR 20:370, Section 1(5), shall apply.

(8) An individual who has defaulted on a scholarship shall not be eligible to receive another scholarship until the defaulted scholarship has been repaid.

 

Section 9.[10.] Verification. (1) Verification of employment as a nurse in Kentucky pursuant to the contract shall be submitted to the board when the recipient's employment commitment begins and when it is completed. A termination of employment prior to completion shall be reported to the board within thirty (30) days by the employer and the recipient.

      (2) A recipient shall notify the board immediately of a change of name or address or enrollment status in school.

 

      Section 10[11. Grant Requests. (1) More than forty (40) percent of available revenues received from fines levied by the Cabinet for Health and Family Services shall not be expended for grants in any given year.

      (2) The deadline for grant requests shall be May 1 and November 1 annually.

      (3) The grant request shall include:

      (a) A problem statement or purpose related to improving nursing workforce competency;

      (b) The proposed workforce development activity and how it has general applicability to the entire nursing workforce in the state;

      (c) The proposed timelines and outcomes;

      (d) The outcome measurement criteria to be used;

      (e) The amount requested with a supporting budget;

      (f) Any matching or in kind budget contributions to be received; and

      (g) The preferred funding cycle of either all funds given initially or partial funds given initially and the remainder at specified intervals.

      (4) The following shall be the reporting requirements for grants that are funded:

      (a) An initial report shall be submitted to the board six (6) months following funding or at the midpoint of the grant timeline if that is sooner than six (6) months from the funding date or as directed by the board.

      (b) Interim reports shall be submitted at six (6) month intervals or as required by the board for the duration of the project funded.

      (c) A final report shall be submitted to the board within three (3) months of completion of the project. The final report shall document outcome achievements and their relationship to the funds spent.

      (5) Any money that is unused for the purpose of the grant shall be returned to the fund, unless otherwise directed by the board.

 

      Section 12.] Incorporation by Reference. (1) The following forms are incorporated by reference:

      (a) "Nursing Incentive Scholarship Fund Application", 12/01;

      (b) "Nursing Incentive Scholarship Fund Request for Deferral", 10/96;

      (c) "Nursing Incentive Scholarship Fund Contract", 10/13; and

      (d) "Nursing Incentive Scholarship Fund Promissory Note", 10/13[)].

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky 40222, Monday through Friday, 8:30 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 requirements for applying for and awarding of the Nursing Incentive Scholarships.

      (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 references to the awarding of grants or to committees.

      (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 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 scholarships, 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 314.025, 314.026, 314.027, 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: