Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 164.772,
194A.540,
314.041(11),
314.042(6),
314.051(11),
314.071,
314.073,
314.075,
314.085(1),
314.091,
314.103,
314.109
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
314.103 authorizes the board to require a
criminal background check investigation of an applicant or nurse.
KRS
314.041(11),
314.042(6),
and
314.051(11)
allow a person whose license has lapsed due to failure to renew to be able to
reinstate the license.
KRS
314.091 authorizes the board to discipline a
licensee for a violation of KRS Chapter 314 or 201 KAR Chapter 20. This
administrative regulation establishes procedures for reinstatement of a license
that has lapsed or has been subject to disciplinary action.
Section 1. Reinstatement of Lapsed or Retired
License.
(1) A license shall be lapsed if it
has expired because of the licensee's failure to:
(a) Submit a completed and timely application
for renewal;
(b) Submit data
required to enable the board to complete the processing of an
application;
(c) Submit the current
application fee; or
(d) Meet all
requirements for renewal of a license, in accordance with
KRS
314.071.
(2) A lapsed or retired license may be
reinstated by:
(a) Submitting a completed
application form required by
201 KAR
20:370, Section 1(1)(a) or (c);
(b) Paying the current application fee
required by
201 KAR
20:240, Section 1(2)(g) or (l);
(c) Submitting 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 of the KSP and the FBI;
(d) Submitting a certified or attested copy
of the court record of any misdemeanor or felony conviction as required by
201 KAR
20:370, Section 1(3);
(e) Submitting a letter of explanation that
addresses each conviction, if applicable;
(f) Submitting a certified copy of any
disciplinary action taken on a nursing or other professional or business
license in another jurisdiction with a letter of explanation or a report if
there is any disciplinary action pending on a nursing or other professional or
business license in another jurisdiction; and
(g) Meeting all other requirements of this
section.
(3)
(a) If an individual applies for
reinstatement of a lapsed license to active status, the applicant shall
complete fourteen (14) contact hours of continuing education for each year
since the date of last active licensure, if the date of last active licensure
is within five (5) years of the application for reinstatement, but more than
one (1) year from the date of last active licensure.
1. Fourteen (14) hours of continuing
education shall have been earned within twelve (12) months of the date of the
application.
2. Continuing
education earned more than five (5) years preceding the date of application
shall not be counted toward meeting this requirement.
(b) If an applicant has not been engaged in
nursing practice during the five (5) years preceding the date of the
application, the applicant shall complete at least 120 contact hours of
continuing education earned within one (1) year of the date of the
application.
(c) An individual may
use the continuing competency methods set out in
201 KAR
20:215, Section 3, for reinstatement if that
individual allowed the license to lapse and applies for reinstatement of a
lapsed license within one (1) year from the date of lapse.
(d) Continuing competency used for
reinstatement pursuant to paragraph (c) of this subsection shall not be used
for renewal of the license.
(4)
(a) If
the applicant has been currently licensed and actively engaged in nursing
practice in another jurisdiction for at least 500 hours during the preceding
five (5) years, the requirements of subsection (3) of this section shall not
apply.
(b) The applicant shall
submit evidence to verify active practice.
(5) In addition to the requirements of this
administrative regulation, an applicant whose license has lapsed for one (1)
year or more shall submit evidence of completion of the jurisprudence
examination required by
KRS
314.041(11) for registered
nurses and
KRS
314.051(11) for licensed
practical nurses as approved by the board.
Section 2. Reinstatement of License Subject
to Disciplinary Action.
(1) If a license has
been revoked, an individual may apply for reinstatement by:
(a) Completing the appropriate application
required by
201 KAR
20:370, Section 1(1)(a) or (c);
(b) Paying the current application fee
required by
201 KAR
20:240, Section 1(2)(g) or (l);
(c) Meeting the terms of the disciplinary
order; and
(d) Retaking the
licensure examination and achieving a passing score.
(2) A hearing shall be held to determine if
the issuance of a license would no longer be a threat to public safety and
health.
(3)
(a) If a license has been suspended or
voluntarily surrendered, an individual may apply for reinstatement by:
1. Completing an application required by
201 KAR
20:370, Section 1(1)(a) or (c);
2. Paying the fee required by
201 KAR
20:240, Section 1(2)(g) or (l); and
3. Notifying the board, in writing, that the
requirements of the decision or agreed order have been met.
(b) If the decision or agreed
order requires that a hearing be held, the individual shall notify the board,
in writing, to request that a hearing be scheduled.
(4) An individual whose license has been
suspended or voluntarily surrendered shall be required to comply with the
continuing education requirements of
KRS
314.073 for the period during which the
license was suspended or surrendered.
(5)
(a) If a
license has been probated and the individual has allowed the license to expire
prior to the end of the probationary period, and the individual later applies
for reinstatement, the license shall be reinstated subject to the remaining
probationary period.
(b) The
individual shall comply with all requirements for reinstatement, in accordance
with
KRS
314.071.
(6)
(a) A
person may seek reinstatement of a license pursuant to subsection (3) of this
section, if an order of immediate temporary suspension has been issued pursuant
to:
1.
KRS
314.085(1) because of a
person's failure to obtain an evaluation and the person subsequently obtains
the evaluation;
2.
KRS
314.075 because of a person's submission of a
bad check and the person subsequently makes the check good; or
3.
KRS 164.772 because of
a notice from the Kentucky Higher Education Assistance Authority that a person
is in default on a student loan and the Kentucky Higher Education Assistance
Authority subsequently notifies the board that the person is no longer in
default.
(b) A request
for reinstatement of a license following the issuance of an order of immediate
temporary suspension as listed in paragraph (a) of this subsection shall be
denied, if in the opinion of the board, continuance of the temporary suspension
is necessary in order to protect the public.
Section 3. Miscellaneous Requirements.
(1)
(a) A
copy of an official name change document shall be submitted by the applicant if
making application, if applicable.
(b) Verification of the name change shall be
made by submitting a copy of a:
1. Court
order;
2. Marriage
certificate;
3. Divorce decree;
or
4. Social Security
card.
(2) An
individual whose license lapsed, was suspended, or voluntarily surrendered
prior to July 15, 1996 shall earn three (3) hours of continuing education in
domestic violence within three (3) years of reinstatement of the license as
required by
KRS
194A.540.
(3) An individual who holds a nursing license
that was revoked by disciplinary order of the board prior to December 31, 1987
shall meet all requirements of Section 2 of this administrative regulation
except Section 2(1)(d) of this administrative regulation.
(4) An individual whose license lapsed, was
suspended, or voluntarily surrendered prior to July 15, 2010 shall earn one and
one-half (1.5) hours of continuing education in pediatric abusive head trauma
as required by
KRS
314.073(6) within three (3)
years of reinstatement of the license.
STATUTORY AUTHORITY:
KRS
314.103,
314.131(1)