201 KAR 20:056 - Advanced practice registered nurse licensure and certification requirements
RELATES TO: KRS 218A.205(3)(h), (8), 314.011, 314.042, 314.091, 314.103, 314.109, 314.161, 314.475
NECESSITY, FUNCTION, AND CONFORMITY: KRS 218A.205(3)(h) requires the board to establish by administrative regulation for licensees authorized to dispense or prescribe controlled substances the process for submitting a query on each applicant to the National Practitioner Data Bank. KRS 218A.205(8) requires the board to require for any applicant for an initial licensure that authorizes the prescribing or dispensing of controlled substances to complete a state and national criminal records check. KRS 314.131(1) authorizes the Board of Nursing to promulgate administrative regulations necessary to enable it to carry into effect the provisions of KRS Chapter 314. KRS 314.042 requires the licensure of an advanced practice registered nurse and authorizes the board to promulgate administrative regulations establishing licensing requirements. KRS 314.103 authorizes the board to require a criminal background investigation of an applicant or a nurse. This administrative regulation establishes the requirements for licensure, renewal, and reinstatement, education, and recognition of a national certifying organization.
Section 1. An applicant
for licensure as an advanced practice registered nurse in Kentucky shall:
(1)
(a)
Complete an Application for Licensure as an Advanced Practice Registered Nurse
as required by
201 KAR 20:370, Section
1(1);
(b) Provide a copy of a
current active registered nurse license or validation of registered nurse
licensure if the state of licensure does not issue licensure cards;
(c) Submit the fee required by
201 KAR 20:240, Section 1(2)(j);
and
(d) Comply with the
requirements established in
KRS
314.042 and this administrative
regulation.
(2) If the
applicant is applying only for a license as an advanced practice registered
nurse, the applicant shall also:
(a) Provide a
criminal record check by the Department of Kentucky State Police (KSP) and the
Federal Bureau of Investigation (FBI);
(b) Use the FBI Applicant Fingerprint
Card;
(c) Pay any required fee to
the KSP and the FBI;
(d) Complete
the criminal record check within six (6) months of the date of the application;
and
(e) If there are any
misdemeanor or felony convictions, provide:
1.
A certified or attested copy of the court record as required by
201 KAR 20:370, Section 1(3);
and
2. A letter of explanation that
addresses each conviction.
(3) An applicant shall not be licensed until:
(a) A report is received from the FBI
pursuant to the request submitted under subsection (2) of this section and any
conviction is addressed by the board; and
(b) A query is completed to the board's
reporting agent to the National Practitioner Data Bank of the United States
Department of Health and Human Services pursuant to
KRS
218A.205(3)(h) and any
relevant data on the applicant is received.
(4) An applicant shall provide evidence of
completion of the jurisprudence examination required by
KRS
314.042(1)(d).
Section 2. Education and Clinical Experience.
(1) An applicant for licensure as an advanced
practice registered nurse shall complete an accredited education program that
prepares a registered nurse for one (1) of the four (4) APRN roles established
under Section 12(5) of this administrative regulation and clinical experience.
This program shall conform to
201 KAR 20:062 or its substantial
equivalence if from an out of state program.
(2)
(a) If
the applicant for licensure as an advanced practice registered nurse completed
a program of study after January 1, 2005, the applicant shall hold a master's
degree, doctorate, or postmaster's certificate awarding academic credit by a
college or university related to the advanced practice registered nurse
designation.
(b) If the applicant
for licensure as an advanced practice registered nurse completed a program of
study before January 1, 2005, the program shall be evaluated by the board on an
individual basis to find if the program sufficiently prepares a student for
advanced practice registered nursing by complying with the requirements of
201 KAR
20:062.
Section 3. National Certifying Organizations.
(1) A nationally established organization or
agency which certifies registered nurses for advanced practice registered
nursing shall be recognized by the board if it meets the following criteria:
(a) The certifying body is an established
national nursing organization or a subdivision of this type of
organization;
(b) Eligibility
requirements for certification are delineated;
(c) Certification is offered in a role as
defined by KRS
314.042(2)(a) and in a
population focus as defined by
KRS
314.011 and with primary or acute care
competencies;
(d) Scope and
standards of practice statements are promulgated;
(e) Mechanism for determining continuing
competency is established; and
(f)
The certifying body is accredited by the American Board of Nursing Specialties
or the National Commission for Certifying Agencies.
(2) The board recognizes the following
national certifying organizations:
(a)
American Nurses Credentialing Center;
(b) American Midwifery Certification
Board;
(c) National Board of
Certification and Recertification for Nurse Anesthetists;
(d) Pediatric Nursing Certification
Board;
(e) National Certification
Corporation;
(f) American Academy
of Nurse Practitioners Certification Board; and
(g) American Association of Critical-Care
Nurses Certification Corporation.
(3) The board recognizes the Oncology Nursing
Certification Corporation only for an individual who has received certification
prior to December 15, 2010 and who has continually renewed his or her Kentucky
advanced practice registered nurse license since that date.
Section 4. Practice Pending
Licensure.
(1) A registered nurse who meets
all the requirements for practice as an advanced practice registered nurse, and
who holds a registered nurse temporary work permit issued pursuant to
201 KAR 20:110 pending licensure
by endorsement or a privilege to practice as a registered nurse, shall be
authorized to practice as an advanced practice registered nurse for a period of
time not to exceed the expiration date of the temporary work permit.
(2) Authorization to practice pursuant to
this section shall be in the form of a letter from the board acknowledging that
the applicant has met all the requirements of this section. An applicant shall
not practice until the authorization letter has been issued.
(3) An individual authorized to practice
pursuant to subsection (1) of this section may use the title "APRN Applicant"
or "APRN App.".
Section
5. License Renewal.
(1) The
advanced practice registered nurse license shall expire or lapse when the
registered nurse license or privilege expires or lapses.
(2) To be eligible for renewal of the license
as an advanced practice registered nurse, the applicant shall:
(a) Renew the registered nurse license or
privilege on an active status;
(b)
Submit a completed Annual Licensure Renewal Application: RN and APRN or a
completed Annual Licensure Renewal Application: APRN with RN Compact License
(not Kentucky) form, as applicable, and as required by
201 KAR 20:370, Section
1(1);
(c) Submit the current
renewal application fee, as established in
201 KAR 20:240, Section 1(2)(k);
and
(d) Maintain current
certification by a recognized national certifying organization.
(3) An advanced practice
registered nurse who fails to renew the registered nurse license or privilege
or is otherwise unable to legally practice as a registered nurse shall not
practice as or use the title of advanced practice registered nurse until:
(a) A current active license has been issued
by the board or a privilege is recognized by the board; and
(b) The advanced practice registered nurse
license has been reinstated.
(4) An advanced practice registered nurse
shall provide to the board evidence of current certification by a recognized
national certifying organization upon recertification or at the request of the
board.
Section 6. License
Reinstatement.
(1) If a nurse fails to renew
the advanced practice registered nurse license as prescribed by
KRS
314.042 and this administrative regulation,
the license shall lapse on the last day of the licensure period.
(2) To be eligible for reinstatement of the
advanced practice registered nurse license, the applicant shall:
(a) Submit a completed Application for
Licensure as an Advanced Practice Registered Nurse form as required by
201 KAR 20:370, Section
1(1);
(b) Submit the current
reinstatement application fee, as established in
201 KAR 20:240, Section 1(2)(l);
and
(c) Maintain and submit
evidence of current certification by a recognized national certifying
organization.
(3) If the
applicant is applying for reinstatement of a license as an advanced practice
registered nurse, the applicant shall also:
(a) Provide a criminal record check by the
KSP and the FBI;
(b) Use the FBI
Applicant Fingerprint Card;
(c) Pay
any required fee to the KSP and the FBI;
(d) Complete the criminal record check within
six (6) months of the date of the application; and
(e) If there are any misdemeanor or felony
convictions, provide:
1. 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);
and
2. A letter of explanation that
addresses each conviction, if applicable.
(4) The license shall not be issued until a
report is received from the FBI and any conviction is addressed by the
board.
Section 7.
Certification or Recertification.
(1)
(a) An advanced practice registered nurse
(APRN) shall maintain current certification or recertification from one (1) of
the national organizations recognized in Section 3 of this administrative
regulation throughout the licensure period.
(b) The APRN shall notify the board if
current certification or recertification has been obtained and provide evidence
of the certification or recertification prior to the expiration date.
(2)
(a) A nurse who fails to attain current,
active certification or recertification from one (1) of the national
organizations recognized in Section 3 of this administrative regulation shall
not practice or use the title of advanced practice registered nurse (APRN)
until current certification or recertification is obtained.
(b)
1. An
APRN who does not provide evidence of current certification or recertification
prior to its expiration date shall have the APRN license voided. This action
shall not be considered to be a disciplinary action. The board shall send
written notice to the APRN if the license has been voided.
2. The APRN may request a hearing on this
action by submitting the request in writing. If a hearing is requested and the
order of the board is adverse to the APRN, the board may impose the costs
pursuant to
201 KAR 20:162, Section 7. If the
action is upheld or not challenged, the APRN may seek reinstatement of the
license in accordance with Section 6 of this administrative regulation, except
as provided in subparagraph 3 of this paragraph.
3. If, after the APRN license has been
voided, the APRN provides evidence of current certification acquired before the
certification expiration date and there are no complaints pending against the
APRN pursuant to
201 KAR 20:161 that indicate that
reinstatement would create an immediate danger to the public health, safety, or
welfare, then the APRN shall meet the requirements of Section 6 of this
administrative regulation except for Section 6(4) of this administrative
regulation. A license may be issued prior to receipt of the FBI report in such
cases.
(3) An
advanced practice registered nurse whose certification lapses or is not renewed
by the appropriate national organization shall:
(a) Notify the board of that fact;
and
(b) Not practice as or use the
title of advanced practice registered nurse during the period of
decertification.
Section
8.
(1) An application shall be
valid for a period of one (1) year from the date of submission to the
board.
(2) After one (1) year from
the date of application, the applicant shall be required to
reapply.
Section 9. The
requirements of this administrative regulation shall not prohibit the
supervised practice of a nurse enrolled in:
(1) An accredited educational program for
preparation for advanced practice registered nursing; or
(2) An advanced practice registered nurse
refresher course.
Section
10. A registered nurse who holds himself or herself out as a
clinical nurse specialist or is known as a clinical nurse specialist shall be
required to be licensed as an advanced practice registered nurse if his or her
practice includes the performance of advanced practice registered
nursing.
Section 11. A nurse
practicing as an advanced practice registered nurse who is not licensed as an
advanced practice registered nurse by the board, an advanced practice
registered nurse whose practice is inconsistent with the population focus to
which he or she has been designated, or an advanced practice registered nurse
who does not recertify and continues to practice as an advanced practice
registered nurse shall be subject to the disciplinary procedures established in
KRS
314.091.
Section 12. Dual Designations.
(1) An advanced practice registered nurse who
wishes to practice in more than one (1) role designation shall complete an
accredited educational program of study and clinical experience for each
desired designation in compliance with the educational requirements established
in KRS Chapter 314 and
201 KAR 20:062 and meet all the
requirements for licensure for each designation.
(2) To apply for licensure for more than one
(1) role designation, the applicant shall submit a separate application and fee
for each desired designation.
(3)
To renew each role designation, the APRN shall pay a separate licensure fee as
set forth in
201 KAR 20:240, Section
1(2)(k).
(4) For the purposes of
Section 7(2)(b) of this administrative regulation, if the APRN does not provide
evidence of current recertification in a role designation, then that role
designation shall be voided. The license shall not be voided if the other role
designation is maintained. All other provisions of Section 7(2)(b) of this
administrative regulation shall apply to the voided designation.
(5) Role designations shall be the Certified
Registered Nurse Anesthetist, Certified Nurse Midwife, Certified Nurse
Practitioner, and Clinical Nurse Specialist pursuant to
KRS
314.042.
Notes
STATUTORY AUTHORITY: KRS 218A.205(3)(h), (8), 314.042, 314.103, 314.131(1)
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