201 KAR 20:110. Licensure by endorsement

Link to law: http://www.lrc.ky.gov/kar/201/020/110.htm
Published: 2015

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      201

KAR 20:110. Licensure by endorsement.

 

      RELATES

TO: KRS 194A.540, 314.031, 314.041, 314.051, 314.091, 314.103, 314.109, 314.470,

314.991

      STATUTORY

AUTHORITY: KRS 314.041(7), 314.051(8), 314.101(4), 314.103, 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(7) and 314.051(8) authorize the board to issue

a license to practice nursing as a registered nurse or a licensed practical

nurse to an applicant who has passed the required examination or its equivalent

and who was licensed to practice nursing in another jurisdiction. KRS 314.103

authorizes the board to require a criminal background check investigation of an

applicant or nurse. KRS 314.101(4) authorizes the board to issue a temporary

work permit to a person who has completed the requirements for, applied for,

and paid the fee for licensure by endorsement. This administrative regulation

establishes the requirements for licensure by endorsement and establishes the

requirements for a temporary work permit for an applicant to practice nursing

while the application for a license is being processed.

 

      Section

1. Eligibility for Licensure by Endorsement. (1) To be eligible for licensure

by endorsement, an applicant shall:

      (a)1.

Have completed a state approved program of nursing equivalent to Kentucky

requirements; or

      2.

Have completed that portion of a state-approved program of nursing that is

equivalent to a Kentucky program of nursing;

      (b)

Have taken and passed the State Board Test Pool Examination or National Council

Licensure Examination or an examination that is consistent with Section 4 of

this administrative regulation;

      (c)

Complete the application form, as required by 201 KAR 20:370, Section 1(1);

      (d)

Submit the current fee for a licensure application, as established by 201 KAR

20:240;

      (e)

Report and submit a certified or attested copy of each disciplinary action

taken or pending on a nursing or other professional or business license by

another jurisdiction and a letter of explanation;

      (f)

Submit a certified copy of the court record of each misdemeanor or felony

conviction and a letter of explanation that addresses each conviction as

required by 201 KAR 20:370, Section 1(3);

      (g)

Request the U.S. jurisdiction or territory or foreign country of initial

licensure to submit to the board a verification of licensure by examination,

which shall include the following information:

      1.a.

Name of the program of nursing completed and date of graduation; or

      b.

Name of the program of nursing attended and date of completion of the requirements

for eligibility to take the licensure examination in that jurisdiction; and

      2.

A statement that the applicant's license has not been revoked, suspended,

limited, probated, or otherwise disciplined by the licensing authority and is

not subject to disciplinary action;

      (h)

Submit a completed Federal Bureau of Investigation (FBI) Applicant Fingerprint

Card and the fee required by the FBI;

      (i)

Submit evidence of completion of the jurisprudence examination required by KRS

314.041(4) for RN applications or KRS 314.051(4) for LPN applications as

approved by the board; and

      (j)

Submit 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.

      (2)

An application shall be valid for a period of six (6) months. The applicant

shall:

      (a)

Submit a copy of a marriage certificate, divorce decree, Social Security card,

or court order to change the applicant's name, if the applicant's name is

changed after the original application is filed; and

      (b)

Notify the board in writing as soon as a new address is established after

submitting the application.

      (3)

After six (6) months if the requirements for licensure have not been met, the

applicant shall:

      (a)

Submit a new application;

      (b)

Submit the current licensure application fee; and

      (c)

Meet the requirements established in this section.

      (4)

The applicant shall complete the three (3) hour continuing education course on

domestic violence within three (3) years of licensure as required by KRS

194A.540.

      (5)

An applicant shall not be licensed until a report is received from the FBI

pursuant to the request submitted under subsection (1)(i) of this section and

any conviction is addressed by the board.

 

      Section

2. Nursing Practice and Continuing Education Requirements. (1) Except as

provided in subsection (2) of this section, an applicant shall complete fourteen

(14) contact hours in continuing education for each year since the last year in

which the applicant is able to demonstrate at least 100 hours of practice.

      (2)

The requirement established in subsection (1) of this section shall not apply

to an applicant who:

      (a)

Has been licensed for less than five (5) years from the date of initial

licensure;

      (b)

Has been actively licensed and engaged in nursing practice for at least 500

hours during the preceding five (5) years; or

      (c)

Has not been engaged in nursing practice during the five (5) years preceding

the date of the application. This applicant shall:

      1.

Complete a refresher course approved by the board, pursuant to 201 KAR 20:220,

which shall have been completed within two (2) years of the date of the

application; or

      2.

Complete at least 120 contact hours of continuing education earned within one

(1) year of the date of the application.

      (3)

At least fourteen (14) contact hours shall have been earned within the twelve

(12) months preceding the date of application for active Kentucky licensure

status.

      (4)

Continuing education earned more than five (5) years preceding the date of

application shall not be counted toward meeting the requirements established in

subsections (1) and (3) of this section.

 

      Section

3. Temporary Work Permit. (1) An applicant for licensure by endorsement who

meets the requirements of Section 1(1)(a), (b), (c), (d), (e), (f), (i), (j),

and (k) of this administrative regulation shall be issued a temporary work

permit, but not until the report is received from the FBI and any conviction is

addressed by the board.

      (2)

A temporary work permit shall be valid for a period not to exceed six (6)

months.

      (3)

An individual who practices as a nurse in Kentucky without a current temporary

work permit prior to issuance of a current active license shall be considered

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

subject to the penalties listed in KRS 314.091 and 314.991.

 

      Section

4. Licensing Examination Standards. An applicant who has taken an examination

other than the State Board Test Pool Examination or the National Council

Licensure Examination shall provide evidence to the board that the examination

met the following standards of equivalency:

      (1)

Accepted psychometric procedures shall be used in the development of the

examination;

      (2)

The examination shall be available to the board in the English language;

      (3)

The examination test plan blueprint shall be available for board review and

adequately identifies test content and content weighting;

      (4)

Test items shall be available for board review and demonstrate the testing of

competency necessary for safe practice;

      (5)

At least one (1) of the reliability estimates for the examination shall be 0.80

or higher;

      (6)

The examination shall be revised after each administration to ensure currency

and security of content; and

      (7)

The examination shall be given under strict security measures.

 

      Section

5. Applicants for LPN license pursuant to KRS 314.041(13). An applicant for an

LPN license pursuant to KRS 314.041(13) shall meet the requirements of this

administrative regulation.

 

      Section

6. (1) An applicant not from a party state under the Nurse Licensure Compact who

is issued a license and does not have permanent residency in Kentucky shall be

issued a license that indicates on the license that it is only valid in

Kentucky.

      (2)

The board may request that an applicant provide evidence of the applicant's

state of residence. (1 Ky.R. 1252; eff. 7-2-1975; Am. 6 Ky.R. 579; eff.

7-2-1980; 8 Ky.R. 781; eff. 3-1-1982; 11 Ky.R. 1626; eff. 6-4-1985; 14 Ky.R.

575; 1067; eff. 11-6-1987; 1582; eff. 3-10-1988; 19 Ky.R. 1641; eff. 2-17-1993;

24 Ky.R. 1754; 2110; eff. 4-13-1998; 25 Ky.R. 594; 1031; eff. 11-18-1998; 26

Ky.R. 1438; eff. 2-16-2000; 27 Ky.R. 823; 1249; eff. 11-17-2000; 28 Ky.R. 677;

eff. 10-17-2001; 1678; 3-14-2002; 29 Ky.R. 500; 920; eff. 10-16-2002; 30 Ky.R.

380; 847; eff. 10-15-2003; 31 Ky.R. 797; 1291; 1400; eff. 2-22-2005; 32 Ky.R.

290; eff. 10-19-2005; 1918; eff. 6-21-2006; 33 Ky.R. 861; 1287; eff.

11-15-2006; 34 Ky.R. 2338; 2525; eff. 6-18-2008; 37 Ky.R. 424; 10-20-2010; 38

Ky.R. 2902; eff. 8-17-2011; TAm eff. 5-10-2012; 39 Ky.R. 2197; eff. 7-17-2013;

42 Ky.R. 490; 1141; eff. 11-6-2015.)