201
KAR 20:056. Advanced
practice registered nurse licensure and certification requirements.
RELATES
TO: KRS 218A.205(3)(g), (7), 314.011, 314.042, 314.091, 314.103, 314.109, 314.161,
314.470
STATUTORY
AUTHORITY: KRS 218A.205(3)(g), (7), 314.042, 314.103, 314.131(1)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 218A.205(3)(g) 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(7) 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 provide:
(a)
A completed Federal Bureau of Investigation (FBI) Applicant Fingerprint Card
and the fee required by the FBI that is within six (6) months of the date of
the application;
(b)
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;
(c)
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
(d)
A letter of explanation that addresses each conviction, if applicable.
(3)
An applicant shall not be licensed until:
(a)
A report is received from the FBI pursuant to the request submitted under
subsection (2)(a) 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)(g) and any relevant data on the applicant
is received.
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 Program; 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 evidence of current
certification by a recognized national certifying organization upon
recertification and 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 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 provide a:
(a)
Completed Federal Bureau of Investigation (FBI) Applicant Fingerprint Card and
the fee required by the FBI that is within six (6) months of the date of the
application;
(b)
Report from the Kentucky Administrative Office of the Courts, Courtnet
Disposition System that is within six (6) months of the date of the
application;
(c)
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
(d)
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 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 board shall conduct an audit to verify that an advanced practice registered
nurse has met the requirements of subsection (1)(a) of this section.
(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 whose certification or recertification lapses prior to the expiration
of the APRN license and who does not provide evidence of current certification
or recertification prior to its expiration date after a request by the board
shall have the APRN license voided. This action shall not be considered to be a
disciplinary action.
2.
The APRN may request a hearing on this action by submitting the request in
writing. 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 that the
certification had not lapsed, 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.
(3)
An advanced practice registered nurse who is decertified 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 procedures.
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. (6 Ky.R. 651; Am. 7 Ky.R. 309; eff. 11-6-1980;
9 Ky.R. 1027; eff. 4-6-1986; 11 Ky.R. 1445; eff. 5-14-1985; 12 Ky.R. 1523; eff.
4-17-1986; 18 Ky.R. 331; 997; eff. 9-24-1991; 19 Ky.R. 2664; 20 Ky.R. 302; eff.
8-6-1993; 3216; eff. 8-4-1994; 24 Ky.R. 2421; 25 Ky.R. 60; eff. 7-9-1998; 27
Ky.R. 817; 1246; eff. 11-17-2000; 29 Ky.R. 2118; 2448; eff. 4-11-2003; 30 Ky.R.
2544; 31 Ky.R. 337; eff. 8-24-2004; 32 Ky.R. 283; eff. 10-19-2005; 33 Ky.R.
509; 1067; eff. 10-18-2006; 34 Ky.R. 1781; 2182; eff. 5-2-2008; 35 Ky.R. 2787;
eff. 8-12-2009; 37 Ky.R. 419; 1215; eff. 12-15-2010; 2043; eff. 5-6-2011; 2892;
38 Ky.R. 235; eff. 8-17-2011; 38 Ky.R. 1358; 1547; eff. 3-21-2012; 39 Ky.R.
533; 1383; eff. 2-1-2013; 40 Ky.R. 1323; 1705; eff. 2-19-2014; 2596; 41 Ky.R.
17; eff. 8-1-2014; 42 Ky.R. 480; 1133; eff. 11-6-2015.)
