201 KAR 20:095. Retired nurse

licensure status.

 

      RELATES TO: KRS 314.041(10), 314.051(10)

      STATUTORY AUTHORITY: KRS 314.041(10),

314.051(10), 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(10) and

314.051(10) authorize the board to promulgate administrative regulations

concerning the granting of retired status for persons holding licensure as a

"registered nurse" or a "licensed practical nurse". This

administrative regulation establishes requirements for obtaining retired status

and establishes requirements for changing licensure status to active.

 

      Section 1. Retired Status. (1) Beginning

November 1, 2005, a licensed practical nurse who is retired and holds or has

held a Kentucky nurse license may apply for retired status by:

      (a) Completing the "Application for

Retired Status" as required by 201 KAR 20:370;

      (b) Paying the fee set out in 201 KAR

20:240; and

      (c) Submitting a copy of an official name

change document, such as a court order, marriage certificate, Social Security

card, or divorce decree, if applicable. (2) Beginning November 1, 2006, a

registered nurse who is retired and holds or has held a Kentucky nurse license

may apply for retired status by:

      (a) Completing the "Application for

Retired Status" as required by 201 KAR 20:370;

      (b) Paying the fee set out in 201 KAR

20:240; and

      (c) Submitting a copy of an official name

change document, such as a court order, marriage certificate, Social Security

card, or divorce decree, if applicable. (3) If the nurse currently holds an

active license, he shall return the active license card with the

"Application for Retired Status".

      (4)(a) Upon completion of all

requirements, the board shall issue the nurse a retired status license.

      (b) The retired status license shall

remain in effect unless reinstated in accordance with 201 KAR 20:225. A nurse

who is currently under disciplinary action shall not be eligible for retired

status.

 

      Section 2. (1) An individual who has been

granted retired status in Kentucky shall not be employed in this state as a

nurse or function in the capacity of a nurse while maintaining the retired

status.

      (2) An individual who is employed or who

practices as a nurse in this state while on retired status shall be considered

to be practicing without a license and in violation of KRS 314.031 and subject

to the penalties in KRS 314.091 and 314.991.

 

      Section 3. Inactive Licensure Status. (1)

The requirements established in this section shall apply until:

      (a) November 1, 2005 for a licensed

practical nurse; or

      (b) November 1, 2006 for a registered

nurse.

      (2) If an individual has held inactive

licensure status in Kentucky and wishes to apply for active licensure status,

the individual shall:

      (a) Complete the "Application for

Licensure" as required by 201 KAR 20:370, Section 1(1)(a);

      (b) Pay the current application fee for

an active license required by 201 KAR 20:240, Section 1(2)(h); and

      (c) Show evidence of:

      1. Licensure in another jurisdiction and

active nursing practice of at least 500 hours within the preceding five (5)

years in that jurisdiction;

      2. If an applicant has held an inactive

license for five (5) years or less, completion of fourteen (14) contact hours

of continuing education for each year since the last year of active licensure,

with a minimum of twenty-eight (28) contact hours to a maximum of seventy (70)

contact hours.

      a. Twenty-eighty (28) hours of continuing

education shall have been earned within twenty-four (24) months of the date of

the application.

      b. Continuing education earned more than

five (5) years preceding the date of application shall not be counted toward

meeting this requirement; or

      3. If an applicant has held an inactive

license for more than five (5) years, completion of:

      a. A refresher course approved by the

board, pursuant to 201 KAR 20:380. The refresher course shall have been

completed within two (2) years of the date of the application; or

      b. At least 120 contact hours of

continuing education earned within one (1) year of the date of the application.

      (3) An individual who has been granted

inactive status in Kentucky shall not be employed in this state as a registered

nurse or licensed practical nurse or function in the capacity of a nurse while

maintaining the inactive status. An individual who is employed or who practices

as a nurse in this state while on inactive status shall be considered to be

practicing without a license and in violation of KRS 314.031 and subject to the

penalties in KRS 314.091 and 314.991.

      (4) Individuals changing licensure status

from inactive to active during the first licensure period following issuance of

a license by either examination or endorsement shall not lose the continuing

education exemption of KRS 314.073(1).

      (5) An individual who was licensed on or

after July 15, 1996, and who changes licensure status from inactive to active

shall provide evidence of having earned three (3) hours of continuing education

in domestic violence as required by KRS 194A.540. This requirement shall apply

to an individual one (1) time only. Once earned, it shall not apply to any

subsequent change of status. (6 Ky.R. 162; eff. 10-3-79; Am. 9 Ky.R. 595; eff.

12-1-82; 11 Ky.R. 1624; eff. 6-4-85; 14 Ky.R. 574; 1066; eff. 11-6-87; 1581;

eff. 3-10-88; 19 Ky.R. 1639; eff. 2-17-93; 27 Ky.R. 821; 1248; eff. 11-17-2000;

29 Ky.R. 499; 919; eff. 10-16-02; 30 Ky.R. 380; 847; 2546; eff. 10-15-03; 31

Ky.R. 339; eff. 8-24-04; 31 Ky.R. 339; 795; 1056; eff. 1-4-05; 32 Ky.R. 289;

eff. 10-19-05.)