201 KAR 20:056. Advanced practice registered nurse licensure and certification requirements

Link to law: http://www.lrc.ky.gov/kar/201/020/056.htm
Published: 2015

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      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.)