STATEMENT OF EMERGENCY

201 KAR 20:505E

 

      The enhanced Nurse Licensure Compact was passed by the 2017 General Assembly and is found at KRS 314.475. It provided that the new Compact would become effective on December 31, 2018 or when it was passed by 26 states. On July 20, 2017, the twenty-sixth state passed the new Compact. Article I(c)(2)(i) states that when the Interstate Commission of Nurse Licensure Compact Administrators (Commission) adopts a rule pursuant to the new Compact, the Board of Nursing shall "review the rule for the purpose of filing the rule as an emergency administrative regulation pursuant to KRS 13A.190 and for filing the rule as an accompanying ordinary administrative regulation, following the requirements of KRS Chapter 13A." On August 15, 2017, the Commission adopted an emergency rule pursuant to Article VIII of the Compact pertaining to the implementation date of the new Compact. This emergency administrative regulation is being filed in accordance with the provisions of Article I(c)(2)(i) of the new Compact. An ordinary administrative regulation will not be filed with this emergency administrative regulation. Rather, an ordinary administrative regulation will be filed when the Commission adopts rules in the regular course of business. An ordinary administrative regulation will not be filed with the Regulations Compiler for the reasons stated above.

 

MATTHEW G. BEVIN, Governor

PAULA S. SCHENK, Executive Director

 

GENERAL GOVERNMENT CABINET

Board of Nursing

(New Emergency Administrative Regulation)

 

      201 KAR 20:505E. Enhanced Nurse Licensure Compact.

 

      RELATES TO: KRS 314.475

      STATUTORY AUTHORITY: KRS 314.131

      EFFECTIVE: September 12, 2017

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 314.475 requires the board to promulgate this emergency administrative regulation. This administrative regulation adopts a rule adopted by the Interstate Commission of Nurse Licensure Compact Administrators.

 

      Section 1. Implementation of the multi-state licensure process and issuance of licenses under KRS 314.475 shall begin on January 19, 2018.

 

LEWIS PERKINS, President

      APPROVED BY AGENCY: September 11, 2017

      FILED WITH LRC: September 12, 2017 at 4 p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on October 23, 2017 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 end of day (11:59 p.m.) October 31, 2017. 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: This administrative regulation establishes an implementation date for the enhanced Nurse Licensure Compact, KRS 314.475.

      (b) The necessity of this administrative regulation: This administrative regulation is necessary because of KRS 314.475.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This administrative regulation conforms to the content of KRS 314.475 which requires the Board to promulgate an emergency administrative regulation when the Interstate Commission of Nurse Licensure Compact Administrators adopts a rule.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation assists in the effective administration of the statutes by following the requirements of KRS 314.475 and KRS Chapter 13A.

      (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: N/A.

      (b) The necessity of the amendment to this administrative regulation: N/A.

      (c) How the amendment conforms to the content of the authorizing statutes: N/A

      (d) How the amendment will assist in the effective administration of the statutes: N/A.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: nurses and employers of nurses, 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 take no action. Implementation is an internal process for the Board.

      (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 additional cost imposed by the amendment.

      (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 314.131, KRS 314.475.

      (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: