Title 201 | Chapter 020 | Regulation 370
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
BOARDS AND COMMISSIONS
Board of Nursing
(Amendment)
201 KAR 20:370.Applications for licensure.
Section 1.
To be eligible for licensure by examination, endorsement, renewal, reinstatement, retired licensure status, or for advanced practice registered nurse licensure, renewal, or reinstatement, an applicant shall:(1)
Submit the completed application to the board office, for:(a)
RN or LPN licensure by examination, endorsement, or reinstatement, Application for Licensure;(b)
RN or LPN Renewal, Annual Licensure Renewal Application: RN or LPN;(c)
Licensure or reinstatement as an Advanced Practice Registered Nurse, Application for Licensure as an Advanced Practice Registered Nurse;(d)
Renewal as an RN and an APRN, Annual Licensure Renewal Application: RN and APRN;(e)
Retired licensure status, Application for Retired Status;(f)
APRN renewal with an RN Compact license, Annual Licensure Renewal Application: APRN with RN Compact License (not Kentucky);(g)
APRN renewal with a Kentucky RN License, Annual Licensure Renewal Application, APRN with Kentucky RN License; or(h)
In addition to any other renewal form, for APRN renewal, APRN Practice Data;(2)
Submit the current application fee, as required by 201 KAR 20:240;(3)
Submit a certified or attested copy of the court record of each misdemeanor or felony conviction in this or any other jurisdiction and a letter of explanation that addresses each conviction, except for traffic-related misdemeanors (other than DUI) or misdemeanors older than five (5) years;(4)
Submit a certified copy of a disciplinary action taken in another jurisdiction with a letter of explanation or report a disciplinary action pending on a nurse licensure application or license in another jurisdiction;(5)
Have paid all monies due to the board;(6)
Submit a copy of an official name change document (court order, marriage certificate, divorce decree, Social Security card), if applicable;(7)
Submit additional information as required by the board in 201 KAR Chapter 20;(8)
Meet the additional requirements for:(a)
Licensure by examination established by 201 KAR 20:070;(b)
Licensure by endorsement established by 201 KAR 20:110;(c)
Licensure by reinstatement established by 201 KAR 20:225;(d)
Licensure by renewal established by 201 KAR 20:230;(e)
Retired nurse or inactive licensure status established by 201 KAR 20:095; or(f)
Advanced practice registered nurse licensure, renewal, or reinstatement established by 201 KAR 20:056;(9)
If not a citizen of the United States, maintain proof of legal permanent or temporary residency under the laws and regulations of the United States; and(10)
Notify the board upon establishment of a new mailing address.Section 2.
An application shall lapse and the fee shall be forfeited if the application is not completed:(1)
For an application for licensure by endorsement, within one (1) year from the date the application form is(2)
For an application for licensure by examination, within one (1) year from the date the application form is(3)
For all other applications except renewal of license applications, within one (1) year from the date the application form isSection 3.
A multistate licensee who changes primary state of residence to Kentucky shall apply for a multistate license in Kentucky within sixty (60) days.Section 4.Section 3.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Application for Licensure", 10/2022, Kentucky Board of Nursing;(b)
"Annual Licensure Renewal Application: RN or LPN", 02/2022, Kentucky Board of Nursing;(c)
"Application for Licensure as an Advanced Practice Registered Nurse", 10/2022, Kentucky Board of Nursing;(d)
"Annual Licensure Renewal Application: RN and APRN", 02/2022, Kentucky Board of Nursing;(e)
"Application(f)
"Annual Licensure Renewal Application: APRN with RN Compact License (not Kentucky)", 02/2022, Kentucky Board of Nursing; and(g)
"Annual Licensure Renewal Application, APRN with Kentucky RN License", 02/2022, Kentucky Board of Nursing.(h)
(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the board's Web site at https://kbn.ky.gov/General/Pages/Document-Library.aspx.AUDRIA DENKER, President
APPROVED BY AGENCY: December 14, 2023
FILED WITH LRC: December 27, 2023 at 10:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 25, 2024 at 10:00 a.m. at Kentucky Board of Nursing, 312 Whittington Parkway, Ste 300, Louisville, Kentucky 40222. Individuals interested in being heard at this hearing shall notify this agency in writing by March 18, 2024, five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through March 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jeffrey R. Prather, General Counsel, Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky 40222, (502) 338-2851, Jeffrey.Prather@ky.gov, Or submit a comment at: https://secure.kentucky.gov/formservices/Nursing/PendReg
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jeffrey Prather
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation provides various application forms for Licensed Practical Nurses (LPNs), Registered Nurses (RNs), and Advanced Practice Registered Nurses (APRNs).
(b) The necessity of this administrative regulation:
This administrative regulation is necessary because of the licensure provisions for KRS Chapter 314.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by incorporating the various forms and setting regulatory and statutory requirements.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by providing for the appropriate application forms that are submitted to the Board.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendments include a provision that when a multistate licensee changes primary state of residence to another party state, the licensee shall apply for a multistate license in the new party state within 60 days, pursuant to KRS 314.475 and Nurse Licensure Compact (NLC) Rule 402.2. The amendments also update the retired status application form, and removes an obsolete form.
(b) The necessity of the amendment to this administrative regulation:
Amendments are required to bring the regulation into compliance with the NLC Rules, update the retired status application for electronic submission by applicants, and remove obsolete material incorporated by reference.
(c) How the amendment conforms to the content of the authorizing statutes:
By requiring applications.
(d) How the amendment will assist in the effective administration of the statutes:
To review applicants for compliance with licensure requirements.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All multistate licensure applicants and licensees who wish to retire their license, number unknown.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Applicants for multistate licensure must apply for multistate licensure in Kentucky within 60 days of changing the applicant’s primary state of residence. Licensees who wish to retire their licenses must submit an application.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no additional cost beyond licensure fees established under 201 KAR 20:240.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The Board of Nursing regulation will be apprised of NLC multistate application requirements and applicants who wish to retire their license will be able to process applications more timely and efficiently.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no additional cost.
(b) On a continuing basis:
There is no additional cost.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Agency funds.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase is needed.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
It does not.
(9) TIERING: Is tiering applied?
Tiering was not applied as the changes apply to all equally.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Board of Nursing.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 314.131 and 314.475.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
No additional cost.
(d) How much will it cost to administer this program for subsequent years?
No additional cost.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None.
(c) How much will it cost the regulated entities for the first year?
None.
(d) How much will it cost the regulated entities for subsequent years?
None.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact.
BOARDS AND COMMISSIONS
Board of Nursing
(Amendment)
201 KAR 20:370.Applications for licensure.
Section 1.
To be eligible for licensure by examination, endorsement, renewal, reinstatement, retired licensure status, or for advanced practice registered nurse licensure, renewal, or reinstatement, an applicant shall:(1)
Submit the completed application to the board office, for:(a)
RN or LPN licensure by examination, endorsement, or reinstatement, Application for Licensure;(b)
RN or LPN Renewal, Annual Licensure Renewal Application: RN or LPN;(c)
Licensure or reinstatement as an Advanced Practice Registered Nurse, Application for Licensure as an Advanced Practice Registered Nurse;(d)
Renewal as an RN and an APRN, Annual Licensure Renewal Application: RN and APRN;(e)
Retired licensure status, Application for Retired Status;(f)
APRN renewal with an RN Compact license, Annual Licensure Renewal Application: APRN with RN Compact License (not Kentucky);(g)
APRN renewal with a Kentucky RN License, Annual Licensure Renewal Application, APRN with Kentucky RN License; or(h)
In addition to any other renewal form, for APRN renewal, APRN Practice Data;(2)
Submit the current application fee, as required by 201 KAR 20:240;(3)
Submit a certified or attested copy of the court record of each misdemeanor or felony conviction in this or any other jurisdiction and a letter of explanation that addresses each conviction, except for traffic-related misdemeanors (other than DUI) or misdemeanors older than five (5) years;(4)
Submit a certified copy of a disciplinary action taken in another jurisdiction with a letter of explanation or report a disciplinary action pending on a nurse licensure application or license in another jurisdiction;(5)
Have paid all monies due to the board;(6)
Submit a copy of an official name change document (court order, marriage certificate, divorce decree, Social Security card), if applicable;(7)
Submit additional information as required by the board in 201 KAR Chapter 20;(8)
Meet the additional requirements for:(a)
Licensure by examination established by 201 KAR 20:070;(b)
Licensure by endorsement established by 201 KAR 20:110;(c)
Licensure by reinstatement established by 201 KAR 20:225;(d)
Licensure by renewal established by 201 KAR 20:230;(e)
Retired nurse or inactive licensure status established by 201 KAR 20:095; or(f)
Advanced practice registered nurse licensure, renewal, or reinstatement established by 201 KAR 20:056;(9)
If not a citizen of the United States, maintain proof of legal permanent or temporary residency under the laws and regulations of the United States; and(10)
Notify the board upon establishment of a new mailing address.Section 2.
An application shall lapse and the fee shall be forfeited if the application is not completed:(1)
For an application for licensure by endorsement, within one (1) year from the date the application form is submitted with the board office;(2)
For an application for licensure by examination, within one (1) year from the date the application form is submitted with the board office or the date the applicant fails the examination, whichever comes first; or(3)
For all other applications except renewal of license applications, within one (1) year from the date the application form is submitted with the board office.Section 3.
A multistate licensee who changes primary state of residence to Kentucky shall apply for a multistate license in Kentucky within sixty (60) days.Section 4.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Application for Licensure", 10/2022, Kentucky Board of Nursing;(b)
"Annual Licensure Renewal Application: RN or LPN", 02/2022, Kentucky Board of Nursing;(c)
"Application for Licensure as an Advanced Practice Registered Nurse", 10/2022, Kentucky Board of Nursing;(d)
"Annual Licensure Renewal Application: RN and APRN", 02/2022, Kentucky Board of Nursing;(e)
"Application to Retire a License", 11/2023, Kentucky Board of Nursing;(f)
"Annual Licensure Renewal Application: APRN with RN Compact License (not Kentucky)", 02/2022, Kentucky Board of Nursing; and(g)
"Annual Licensure Renewal Application, APRN with Kentucky RN License", 02/2022, Kentucky Board of Nursing.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky 40222, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the board's Web site at https://kbn.ky.gov/General/Pages/Document-Library.aspx.AUDRIA DENKER, President
APPROVED BY AGENCY: December 14, 2023
FILED WITH LRC: December 27, 2023 at 10:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 25, 2024 at 10:00 a.m. at Kentucky Board of Nursing, 312 Whittington Parkway, Ste 300, Louisville, Kentucky 40222. Individuals interested in being heard at this hearing shall notify this agency in writing by March 18, 2024, five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through March 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Jeffrey R. Prather, General Counsel, Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky 40222, (502) 338-2851, Jeffrey.Prather@ky.gov, Or submit a comment at: https://secure.kentucky.gov/formservices/Nursing/PendReg
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jeffrey Prather
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation provides various application forms for Licensed Practical Nurses (LPNs), Registered Nurses (RNs), and Advanced Practice Registered Nurses (APRNs).
(b) The necessity of this administrative regulation:
This administrative regulation is necessary because of the licensure provisions for KRS Chapter 314.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the content of the authorizing statutes by incorporating the various forms and setting regulatory and statutory requirements.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by providing for the appropriate application forms that are submitted to the Board.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendments include a provision that when a multistate licensee changes primary state of residence to another party state, the licensee shall apply for a multistate license in the new party state within 60 days, pursuant to KRS 314.475 and Nurse Licensure Compact (NLC) Rule 402.2. The amendments also update the retired status application form, and removes an obsolete form.
(b) The necessity of the amendment to this administrative regulation:
Amendments are required to bring the regulation into compliance with the NLC Rules, update the retired status application for electronic submission by applicants, and remove obsolete material incorporated by reference.
(c) How the amendment conforms to the content of the authorizing statutes:
By requiring applications.
(d) How the amendment will assist in the effective administration of the statutes:
To review applicants for compliance with licensure requirements.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All multistate licensure applicants and licensees who wish to retire their license, number unknown.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
Applicants for multistate licensure must apply for multistate licensure in Kentucky within 60 days of changing the applicant’s primary state of residence. Licensees who wish to retire their licenses must submit an application.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no additional cost beyond licensure fees established under 201 KAR 20:240.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The Board of Nursing regulation will be apprised of NLC multistate application requirements and applicants who wish to retire their license will be able to process applications more timely and efficiently.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There is no additional cost.
(b) On a continuing basis:
There is no additional cost.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Agency funds.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase is needed.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
It does not.
(9) TIERING: Is tiering applied?
Tiering was not applied as the changes apply to all equally.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Board of Nursing.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 314.131 and 314.475.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
None.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
None.
(c) How much will it cost to administer this program for the first year?
No additional cost.
(d) How much will it cost to administer this program for subsequent years?
No additional cost.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
None.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
None.
(c) How much will it cost the regulated entities for the first year?
None.
(d) How much will it cost the regulated entities for subsequent years?
None.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] This administrative regulation will not have a major economic impact.