RELATES TO: KRS 194A.540, 314.031, 314.041, 314.051, 314.091, 314.103, 314.109, 314.470, 314.991
STATUTORY AUTHORITY: KRS 314.041(7), 314.051(8), 314.101(4), 314.103, 314.131(1)
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 that portion of a state-approved program of nursing that is equivalent to a Kentucky 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 or 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 completed Federal Bureau of Investigation (FBI) Applicant Fingerprint Card and the fee required by the FBI;
(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; and
(j) Submit a report from the Kentucky Administrative Office of the Courts, Courtnet Disposition System that is within six (6) months of the date of the application.
(2) An application shall be valid for a period of six (6) months. 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 six (6) months if the requirements for licensure have not been met, the applicant shall:
(a) Submit a new application;
(b) Submit the current licensure application fee; and
(c) Meet the requirements established in this section.
(4) The applicant shall complete the three (3) hour continuing education course on domestic violence within three (3) years of licensure as required by KRS 194A.540.
(5) An applicant shall not be licensed until a report is received from the FBI pursuant to the request submitted under subsection (1)(i) of this section and any conviction is addressed by the board.
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:
1. Complete a refresher course approved by the board, pursuant to 201 KAR 20:220, which shall have been completed within two (2) years of the date of the application; or
2. 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 the requirements of Section 1(1)(a), (b), (c), (d), (e), (f), (i), (j), and (k) 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(13). An applicant for an LPN license pursuant to KRS 314.041(13) 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. (1 Ky.R. 1252; eff. 7-2-1975; Am. 6 Ky.R. 579; eff. 7-2-1980; 8 Ky.R. 781; eff. 3-1-1982; 11 Ky.R. 1626; eff. 6-4-1985; 14 Ky.R. 575; 1067; eff. 11-6-1987; 1582; eff. 3-10-1988; 19 Ky.R. 1641; eff. 2-17-1993; 24 Ky.R. 1754; 2110; eff. 4-13-1998; 25 Ky.R. 594; 1031; eff. 11-18-1998; 26 Ky.R. 1438; eff. 2-16-2000; 27 Ky.R. 823; 1249; eff. 11-17-2000; 28 Ky.R. 677; eff. 10-17-2001; 1678; 3-14-2002; 29 Ky.R. 500; 920; eff. 10-16-2002; 30 Ky.R. 380; 847; eff. 10-15-2003; 31 Ky.R. 797; 1291; 1400; eff. 2-22-2005; 32 Ky.R. 290; eff. 10-19-2005; 1918; eff. 6-21-2006; 33 Ky.R. 861; 1287; eff. 11-15-2006; 34 Ky.R. 2338; 2525; eff. 6-18-2008; 37 Ky.R. 424; 10-20-2010; 38 Ky.R. 2902; eff. 8-17-2011; TAm eff. 5-10-2012; 39 Ky.R. 2197; eff. 7-17-2013; 42 Ky.R. 490; 1141; eff. 11-6-2015.)