Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
194A.540,
314.031,
314.041,
314.051,
314.091,
314.103,
314.109,
314.475,
314.991
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
314.131(1) authorizes the
Board of Nursing to promulgate administrative regulations to implement the
provisions of
KRS
314.011 to
314.991.
KRS
314.041(7) and
314.051(8)
authorize the board to issue a license to practice nursing as a registered
nurse or a licensed practical nurse to an applicant who has passed the required
examination or its equivalent and who was licensed to practice nursing in
another jurisdiction.
KRS
314.103 authorizes the board to require a
criminal background check investigation of an applicant or nurse.
KRS
314.101(4) authorizes the
board to issue a temporary work permit to a person who has completed the
requirements for, applied for, and paid the fee for licensure by endorsement.
This administrative regulation establishes the requirements for licensure by
endorsement and establishes the requirements for a temporary work permit for an
applicant to practice nursing while the application for a license is being
processed.
Section 1. Eligibility for
Licensure by Endorsement.
(1) To be eligible
for licensure by endorsement, an applicant shall:
(a)
1. Have
completed a state approved program of nursing equivalent to Kentucky
requirements; or
2. Have completed
requirements found equivalent to a state program of nursing;
(b) Have taken and passed the
State Board Test Pool Examination or National Council Licensure Examination or
an examination that is consistent with Section 4 of this administrative
regulation;
(c) Complete the
application form, as required by
201 KAR
20:370, Section 1(1);
(d) Submit the current fee for a licensure
application, as established by
201 KAR
20:240;
(e) Report and submit a certified or attested
copy of each disciplinary action taken or pending on a nursing or other
professional or business license by another jurisdiction and a letter of
explanation;
(f) Submit a certified
copy of the court record of each misdemeanor or felony conviction and a letter
of explanation that addresses each conviction as required by
201 KAR
20:370, Section 1(3);
(g) Request the U.S. jurisdiction, territory,
or foreign country of initial licensure to submit to the board a verification
of licensure by examination, which shall include the following information:
1.
a. Name
of the program of nursing completed and date of graduation; or
b. Name of the program of nursing attended
and date of completion of the requirements for eligibility to take the
licensure examination in that jurisdiction; and
2. A statement that the applicant's license
has not been revoked, suspended, limited, probated, or otherwise disciplined by
the licensing authority and is not subject to disciplinary
action;
(h) Submit a
criminal record check completed within six (6) months of the date of the
application by the Department of Kentucky State Police (KSP) and the Federal
Bureau of Investigation (FBI) using the FBI Applicant Fingerprint Card, and
including payment of any required fee to the KSP and the FBI; and
(i) Submit evidence of completion of the
jurisprudence examination required by
KRS
314.041(4) for RN
applications or
KRS
314.051(4) for LPN
applications as approved by the board.
(2) An application shall be valid for a
period of one (1) year. The applicant shall:
(a) Submit a copy of a marriage certificate,
divorce decree, Social Security card, or court order to change the applicant's
name, if the applicant's name is changed after the original application is
filed; and
(b) Notify the board in
writing as soon as a new address is established after submitting the
application.
(3) After
one (1) year if the requirements for licensure have not been met, the applicant
shall:
(a) Submit a new application;
(b) Submit the current licensure application
fee as established by
201 KAR
20:240; and
(c) Meet the requirements established in this
section.
(4) The
applicant shall meet all of the continuing education course earning
requirements in
201 KAR
20:215, Section 5 that are required for the
applicant's licensure.
(5) An
applicant shall not be licensed until a report is received from the FBI
pursuant to the request submitted under subsection (1)(h) of this section and
any conviction is addressed by the board.
(6) A graduate of a school of nursing in
Puerto Rico after September 1, 2006, in addition to the other requirements of
this section, shall provide evidence of evaluation of the graduate's transcript
by the Commission on Graduates of Foreign Nursing Schools or a credential
evaluation organization that is a member of the National Association of
Credentialing Evaluation Services. The evaluation shall indicate that the
school of nursing is substantially equivalent to a school of nursing in this
state.
Section 2. Nursing
Practice and Continuing Education Requirements.
(1) Except as provided in subsection (2) of
this section, an applicant shall complete fourteen (14) contact hours in
continuing education for each year since the last year in which the applicant
is able to demonstrate at least 100 hours of practice.
(2) The requirement established in subsection
(1) of this section shall not apply to an applicant who:
(a) Has been licensed for less than five (5)
years from the date of initial licensure;
(b) Has been actively licensed and engaged in
nursing practice for at least 500 hours during the preceding five (5) years;
or
(c) Has not been engaged in
nursing practice during the five (5) years preceding the date of the
application. This applicant shall complete at least 120 contact hours of
continuing education earned within one (1) year of the date of the
application.
(3) At least
fourteen (14) contact hours shall have been earned within the twelve (12)
months preceding the date of application for active Kentucky licensure
status.
(4) Continuing education
earned more than five (5) years preceding the date of application shall not be
counted toward meeting the requirements established in subsections (1) and (3)
of this section.
Section
3. Temporary Work Permit.
(1) An
applicant for licensure by endorsement who meets all of the requirements of
Section 1(1)(a) through (i), except for paragraph (g) of this administrative
regulation shall be issued a temporary work permit, but not until the report is
received from the FBI and any conviction is addressed by the board.
(2) A temporary work permit shall be valid
for a period not to exceed six (6) months.
(3) An individual who practices as a nurse in
Kentucky without a current temporary work permit prior to issuance of a current
active license shall be considered to be practicing without a license in
violation of
KRS
314.031 and shall be subject to the penalties
listed in
KRS
314.091 and
314.991.
Section 4. Licensing Examination Standards.
An applicant who has taken an examination other than the State Board Test Pool
Examination or the National Council Licensure Examination shall provide
evidence to the board that the examination met the following standards of
equivalency:
(1) Accepted psychometric
procedures shall be used in the development of the examination;
(2) The examination shall be available to the
board in the English language;
(3)
The examination test plan blueprint shall be available for board review and
adequately identifies test content and content weighting;
(4) Test items shall be available for board
review and demonstrate the testing of competency necessary for safe
practice;
(5) At least one (1) of
the reliability estimates for the examination shall be 0.80 or
higher;
(6) The examination shall
be revised after each administration to ensure currency and security of
content; and
(7) The examination
shall be given under strict security measures.
Section 5. Applicants for LPN License
Pursuant to
KRS
314.041(16). An applicant
for an LPN license pursuant to
KRS
314.041(16) shall meet the
requirements of this administrative regulation.
Section 6.
(1) An applicant not from a party state under
the Nurse Licensure Compact who is issued a license and does not have permanent
residency in Kentucky shall be issued a license that indicates on the license
that it is only valid in Kentucky.
(2) The board may request that an applicant
provide evidence of the applicant's state of residence.
STATUTORY AUTHORITY:
KRS
314.041(7),
314.051(8),
314.101(4),
314.103,
314.131(1)
