Current through Register Vol. 51, No. 3, September 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
314.137 requires the board to promulgate
administrative regulations to regulate dialysis technicians, and includes
establishing credentialing requirements. This administrative regulation
establishes the requirements for credentialing dialysis technicians, initially,
by renewal, and by reinstatement.
Section
1. Requirements for Initial Dialysis Technician Credential.
(1) An individual who wants to be
credentialed as a dialysis technician (DT) in order to engage in dialysis care
shall:
(a) File with the board the Application
for Dialysis Technician Credential;
(b) Pay the fee established in Section 4 of
this administrative regulation;
(c)
Have completed a board approved DT training program;
(d) Submit the Checklist for Dialysis
Technician Competency Validation; and
(e) Submit a criminal record check pursuant
to subsection (3) of this section and meet the requirements of that
subsection.
(2)
(a) In addition to the requirements of
subsection (1)(a), (b), (d), and (e) of this section, an applicant who has
completed an out of state DT training program that is not approved by the board
and who does not hold certification from one (1) of the certification
organizations listed in
201 KAR 20:472, Section 5(5)(c)
shall submit to the board the training program's curriculum and evidence of
completion of the training program.
1. The
board or its designee shall evaluate the applicant's training program to
determine its comparability with the standards as established in
201 KAR 20:472.
2. The board or its designee shall advise an
applicant if the training program is not comparable and specify what additional
components shall be completed to meet the requirements of
201 KAR 20:472, Section
6.
(b) In addition to
the requirements of subsection (1)(a), (b), (d), and (e) of this section, an
applicant who has completed an out of state DT training program that is not
approved by the board and who holds certification from one (1) of the
certification organizations listed in
201 KAR 20:472, Section 5(5)(c)
shall complete an educational module that covers the information contained in
201 KAR 20:472, Section
6(2)(a)2.
(3)
(a) The criminal record check shall have been
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. The applicant
shall pay any fee required by the KSP and the FBI.
(b) The applicant shall provide to the board
a certified or attested copy of the court record of any misdemeanor or felony
conviction in any jurisdiction, except for traffic-related misdemeanors (other
than DUI) or misdemeanors that are older than five (5) years. The applicant
shall provide to the board a letter of explanation that addresses each
conviction.
(c) A felony or
misdemeanor conviction shall be reviewed by the board to determine if the
application shall be processed with no further action. If further action is
found as necessary, the application shall not be processed unless the applicant
has entered into an agreed order with the board. If the parties are unable to
agree on terms and conditions for an agreed order, an administrative hearing
shall be held.
(4)
(a) After the applicant has met the
requirements of subsection (1)(a), (b), (c), (d), and (e) of this section, the
board shall issue a provisional credential to the applicant. The applicant
shall be referred to as a DT Applicant. The DT Applicant shall practice
dialysis care under the supervision of a registered nurse, an advanced practice
registered nurse, physician, or a physician's assistant.
(b) The provisional credential shall expire
eighteen (18) months from the date the provisional credential is issued by the
board. During that time, the applicant shall obtain certification from one (1)
of the certification organizations listed in
201 KAR 20:472, Section
5(5)(c).
(c) If the applicant fails
to obtain certification as established in paragraph (b) of this subsection, the
application shall lapse. The applicant may reapply by completing the training
program again and meeting the requirements of subsection (1)(a), (b), (c), (d),
and (e) of this section.
(d) A DT
applicant shall be issued a provisional credential under this section only one
(1) time, and it shall expire after eighteen (18) months.
(5) The DT Applicant shall only practice
dialysis care as a DT Applicant until:
(a) The
credential is issued;
(b) The
application is denied by the board; or
(c) The application lapses.
(6)
(a) Upon approval of the Application for
Dialysis Technician Credential pursuant to subsection (1) of this section and
the applicant's successful certification pursuant to subsection (4) of this
section, the board shall issue the DT credential.
(b) If the credential is issued prior to May
1, it shall expire on October 31 of the current credentialing period as defined
in 201 KAR 20:085, Section
2.
(c) If the credential is issued
on or after May 1, it shall expire on October 31 of the succeeding
credentialing period as defined in
201 KAR 20:085, Section
2.
(d) After the issuance of the
initial DT credential, the credentialing period shall be as defined in
201 KAR 20:085, Section
2.
Section 2.
Renewal.
(1) To be eligible for renewal of the
credential, the DT shall submit prior to the expiration date of the credential:
(a) The Application for Dialysis Technician
Credential Renewal;
(b) The fee
established in Section 4 of this administrative regulation; and
(c) Evidence of current certification by one
(1) of the organizations listed in
201 KAR 20:472, Section
5(5)(c).
(2) If the
application form is submitted online at
www.kbn.ky.gov, it shall be received by the
board prior to midnight on the last day of the credentialing period.
(3) If a paper application is submitted, it
shall be received no later than the last day of the credentialing period. If
the application is not received by the board until after the last day of the
credentialing period, the application shall have been postmarked at least seven
(7) days prior to the last day of the credentialing period.
(4) All information needed to determine that
an applicant meets the requirements for renewal of credential shall be received
by the board no later than the last day of the credentialing period. If the
information is not received by the board until after the last day of the
credentialing period, in order to be considered by the board for the current
renewal, the information shall have been postmarked at least seven (7) days
prior to the last day of the credentialing period.
(5) Failure to comply with these requirements
shall result in the credential lapsing. A person whose credential has lapsed
shall comply with Section 3 of this administrative regulation to reinstate the
credential.
Section 3.
Reinstatement.
(1) If the DT credential has
lapsed for less than twelve (12) months, an individual may reinstate the
credential as follows:
(a) Submit the
Application for Dialysis Technician Credential;
(b) Provide evidence of certification from a
DT certification organization listed in
201 KAR 20:472, Section
5(5)(c);
(c) Pay the fee
established in Section 4 of this administrative regulation; and
(d) Provide a criminal record check by the
Department of the Kentucky State Police (KSP) and the Federal Bureau of
Investigation (FBI) and comply with the requirements of subsection (2) of this
section.
(2)
(a) The criminal record check shall have been
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. The applicant
shall pay any fee required by the KSP and the FBI.
(b) The applicant shall provide to the board
a certified or attested copy of the court record of any misdemeanor or felony
conviction in any jurisdiction, except for traffic-related misdemeanors (other
than DUI) or misdemeanors that are older than five (5) years. The applicant
shall provide to the board a letter of explanation that addresses each
conviction.
(c) A felony or
misdemeanor conviction shall be reviewed by the board to determine if the
application shall be processed with no further action. If further action is
found as necessary, the application shall not be processed unless the applicant
has entered into an agreed order with the board. If the parties are unable to
agree on terms and conditions for an agreed order, an administrative hearing
shall be held.
(3) If
the DT credential has lapsed for more than twelve (12) months, an individual
may reinstate the credential by one (1) of the following methods.
(a) If the DT has not worked as a DT in
another state, the individual shall:
1.
Complete a DT training program approved by the board;
2. After completion of the training program,
submit an Application for Dialysis Technician Credential;
3. The supervising registered nurse shall
complete and submit the Checklist for Dialysis Technician Competency Validation
to the board;
4. Pay the fee
established by Section 4 of this administrative regulation; and
5. Provide a criminal record check by the KSP
and the FBI and comply with subsection (2) of this section.
(b) After the applicant has met
the requirements of paragraph (a) of this subsection and provides evidence of a
current certification from one (1) of the certification organizations listed in
201 KAR 20:472, Section 5(5)(c),
the applicant's credential shall be reinstated.
(c) If the applicant for reinstatement under
this subsection does not hold a current certification from one (1) of the
organizations listed in
201 KAR 20:472, Section 5(5)(c),
the applicant shall be referred to as a DT Applicant and the board may issue a
provisional credential to the DT Applicant, if:
1. The DT Applicant previously held a
dialysis technician credential; and
2. Provides verification that the DT
Applicant has previously held a certification from one (1) of the organizations
listed in
201 KAR 20:472, Section
5(5)(c).
(d) A
provisional credential issued under paragraph (c) of this subsection shall
expire eighteen (18) months from the date provisional credential is issued by
the board. During that time, the applicant shall obtain recertification from
one (1) of the certification organizations listed in
201 KAR 20:472, Section
5(5)(c).
(e) A DT Applicant shall
be issued a provisional credential only one (1) time under paragraph (c) of
this subsection.
(f) The DT
Applicant shall practice dialysis care under the supervision of a registered
nurse, an advanced practice registered nurse, a physician, or a physician's
assistant.
(g) If the DT has worked
as a DT in another state, the individual shall:
1. Submit an Application for Dialysis
Technician Credential;
2. Submit
verification of working as a DT in another state;
3. Pay the fee established by Section 4 of
this administrative regulation;
4.
Provide a criminal record check by the KSP and the FBI and comply with
subsection (2) of this section; and
5. Provide evidence of certification from a
DT certification organization listed in
201 KAR 20:472, Section
5(5)(c).
(4)
An Application for Dialysis Technician Credential submitted for reinstatement
shall be valid for one (1) year from the date of receipt by the
board.
(5) Upon approval of the
application, the credential shall be reinstated.
Section 4. Fees.
(1) The application fee for the initial
credential shall be seventy (70) dollars.
(2) The credential renewal fee shall be
thirty-five (35) dollars.
(3) The
credential reinstatement fee shall be $100.
(4) A fee of ten (10) dollars shall be
charged for issuing a duplicate of the credential.
(5) A check submitted to the board for
payment of a fee that is returned by the bank for nonpayment shall be assessed
a return check fee of thirty-five (35) dollars.
(6) A fee of ten (10) dollars shall be
charged for written verification of a dialysis technician credential. If
submitted in list format, a fee of ten (10) dollars for the first name shall be
assessed and a fee of one (1) dollar shall be assessed for each additional
name.
(7) A fee of twenty-five (25)
dollars shall be charged for a name change and the issuance of a new
credential.
(8) All fees shall be
nonrefundable.
Section
5. Material Incorporated by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Dialysis
Technician Credential", 4/2021;
(b)
"Application for Dialysis Technician Credential Renewal", 4/2021; and
(c) "Checklist for Dialysis Technician
Competency Validation", 4/2021.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky Board of
Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky 40222, Monday
through Friday, 8:00 a.m. to 4:30 p.m. This material is also available on the
board's Web site at
https://kbn.ky.gov/document-library/Pages/default.aspx