Title 201 | Chapter 020 | Regulation 411
SUPERSEDED
This document is no longer current.
GENERAL GOVERNMENT CABINET
Board of Nursing
(Amendment)
201 KAR 20:411.Sexual Assault Nurse Examiner Program standards and credential requirements.
Section 1.
Definitions.(1)
"Adolescent" means a child who has reached the onset of physiologically normal puberty.(2)
"Pediatric" means a child who has not reached the age of eighteen (18).(3)
"SANE-A/A course" means a formal, organized course of instruction that is designed to prepare a registered nurse to perform forensic evaluation of an adult or adolescent sexual assault victim and to promote and preserve the victim's biological, psychological, and social health.(4)
"SANE course" means the SANE-A/A course and the SANE-P/A course.(5)
"SANE-P/A course" means a formal, organized course of instruction that is designed to prepare a registered nurse to perform forensic evaluation of a pediatric or adolescent sexual assault victim and to promote and preserve the victim's biological, psychological, and social health.Section 2.
SANE Course Approval Application.(1)
On the form Application for Initial or Continued SANE Course Approval, the applicant for approval of a SANE-A/A course or a SANE-P/A course shall submit evidence to the board of completion of the requirements for course approval that consists of the following documentation:(a)
Position description and qualifications of the nurse administrator of the SANE course;(b)
Qualifications and description of the faculty;(c)
Course syllabus;(d)
Course completion requirements;(e)
Tentative course presentation dates;(f)
Records maintenance policy; and(g)
Copy of certificate of course completion form.(2)
Nurse administrator of SANE course. A registered nurse, with current, active Kentucky licensure or a multistate licensure privilege pursuant to KRS 314.475, a baccalaureate or higher degree in nursing, and experience in adult and nursing education shall be administratively responsible for assessment, planning, development, implementation, and evaluation of the SANE course.(3)
Faculty qualifications. Faculty qualifications shall be consistent with the instructor qualifications set out in Sexual Assault Nurse Examiner (SANE) Education Guidelines. The name, title, and credentials identifying the educational and professional qualifications for each instructor shall be provided as part of the application.(4)
Course syllabus. The syllabus shall include:(a)
Course prerequisites, requirements, and fees;(b)
Course outcomes, which shall provide statements of observable competencies, which if taken as a whole, present a clear description of the entry level behaviors to be achieved by the learner;(c)
Unit objectives for an individual, which shall be stated in operational or behavioral terms with supportive content identified;(d)
Content as specified in subsection (6) of this section, which shall be described in detailed outline format with corresponding lesson plans and time frame, and which shall be related to, and consistent with, the unit objectives, and support achievement of expected course outcomes;(e)
Teaching methods with the activities of both instructor and learner specified in relation to the content outline, and which shall be congruent with stated course objectives and content, and reflect the application of adult learning principles;(f)
Evaluation methods, which shall be clearly defined for evaluating the learner's achievement of course outcomes, and which shall include a process for annual course evaluation by students, providers, faculty, and administration; and(g)
Instructional or reference materials required, which shall be identified.(5)
Completion requirements. Requirements for successful completion of the SANE course shall be clearly specified and shall include demonstration of clinical competency. A statement of policy regarding a candidate who fails to successfully complete the course shall be included.(6)
The SANE-A/A course and the SANE-P/A course content shall be consistent with Sexual Assault Nurse Examiner (SANE) Education Guidelines.(a)
In addition to that content, the SANE-A/A course and the SANE-P/A course shall include:1.
Observing live or previously recorded criminal trials and meeting with the Commonwealth Attorney or a representative from the Commonwealth Attorney's office in order to gain an understanding of the trial process including testifying;2.
Meeting with the local rape crisis center and a rape crisis center victim advocate in order to gain an understanding of the services provided to victims by rape crisis centers and the role of an advocate;3.
Meeting with local law enforcement officers or investigators responsible for investigating reports of rape or sexual assault in order to gain an understanding of the investigative process; and4.
Application of the Kentucky statewide medical protocol relating to the forensic and medical examination of an individual reporting sexual assault pursuant to KRS 216B.400(2) and (4); and 5. The victim's bill of rights, KRS 421.500 through 421.575.(b)
In addition to the requirements of paragraph (a) of this subsection, the SANE-P/A course shall include:1.
Principles of child development;2.
Techniques for acute evaluations;3.
An overview of Kentucky Child Advocacy Centers; and4.
An overview of KRS 431.600 through 431.660 which shall include information about multidisciplinary teams and their functions, model protocols approved by the Kentucky Multidisciplinary Commission on Child Sexual Abuse, and the role of peer review in child sexual abuse cases.Section 3.
Contact hour credit for continuing education.(1)
The SANE course shall be approved for contact hour credit which may be applied to licensure requirements.(2)
Approval period. Board approval for a SANE course shall be granted for a four (4) year period.(3)
Records shall be maintained for a period of five (5) years, including the following:(a)
Provider name, date, and site of the course; and(b)
Participant roster, containing at a minimum the name, Social Security number, and license number for each participant.(4)
A participant shall receive a certificate of completion that documents the following:(a)
Name of participant;(b)
Title of course, date, and location;(c)
Provider's name; and(d)
Name and signature of authorized provider representative.Section 4.
Continued Board Approval of a SANE Course.(1)
An application for continued approval of a SANE course shall be submitted on the Application for Initial or Continued SANE Course Approval at least three (3) months prior to the end of the current approval period.(2)
A SANE course syllabus shall be submitted with the Application for Initial or Continued SANE Course Approval.(3)
Continued approval shall be based on the past approval period performance and compliance with the board standards described in this administrative regulation.Section 5.
The board may deny, revoke, or suspend the approval status of a SANE course for violation of this administrative regulation.Section 6.
Appeal. If a SANE course administrator is dissatisfied with a board decision concerning approval and wishes a review of the decision, the procedure established in this section shall be followed.(1)
A written request for the review shall be filed with the board within thirty (30) days after the date of notification of the board action which the SANE course administrator contests(2)
The board, or its designee, shall conduct a review in which the SANE course administrator may appear in person and with counsel to present reasons why the board's decision should be set aside or modified.Section 7.
Requirements for Sexual Assault Nurse Examiner (SANE) Credential.(1)
The applicant for the SANE-A/A or SANE-P/A credential shall:(a)
Hold a current, active registered nurse license in Kentucky or a multistate licensure privilege pursuant to KRS 314.475;(b)
Have completed a board approved SANE educational course or a comparable course, which the board or its designee shall:1.
Evaluate to determine its course comparability; and2.
Advise an applicant if the course is not comparable and specify what additional components shall be completed to allow the applicant to be credentialed.(c)
Complete the Sexual Assault Nurse Examiner Application for Credential;(d)
Pay the fee established in 201 KAR 20:240;(e)
Provide a criminal record check by the Department of Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI);(f)
Use the FBI Applicant Fingerprint Card;(g)
Pay any required fee to the KSP and the FBI;(h)
Complete the criminal record check within six (6) months of the date of the application;(i)
Provide 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(j)
Provide a letter of explanation that addresses each conviction, if applicable.(2)
Upon completion of the application process, the board shall issue the appropriate SANE credential for a period ending October 31.(3)
An applicant shall not be credentialed until a report is received from the FBI pursuant to the request submitted under subsection (1)(e) of this section and any conviction is addressed by the board.Section 8.
Renewal.(1)
To renew the SANE-P/A or the SANE-A/A credential for the next period, each sexual assault nurse examiner shall complete at least five (5) contact hours of continuing education related to the role of the sexual assault nurse examiner or forensic nursing within each continuing education earning period. A provider of a board approved SANE course may offer continuing education related to the role of the sexual assault nurse examiner.(2)
Upon completion of the required continuing education, completion of the Annual Credential Renewal Application: SANE Credential with RN in Kentucky or Annual Credential Renewal Application: SANE with RN Compact License (Not Kentucky), as applicable, and payment of the fee established in 201 KAR 20:240, the appropriate SANE credential shall be renewed at the same time the registered nurse license is renewed.(3)
The five (5) contact hours may count toward the required contact hours of continuing education for renewal of the registered nurse license.(4)
Failure to meet the five (5) contact hour continuing education requirement shall cause the SANE credential to lapse.Section 9.
Reinstatement.(1)
If the SANE credential has lapsed for a period of less than four (4) consecutive registered nurse licensure periods, and the individual wants the credential reinstated, the individual shall apply to reinstate the credential by:(a)
Submitting the Sexual Assault Nurse Examiner Application for Credential;(b)
Paying the fee established in 201 KAR 20:240;(c)
Submitting evidence of earning the continuing education requirement referenced in Section 8(1) of this administrative regulation for the number of registered nurse licensure periods since the SANE credential lapsed;(d)
Providing a criminal record check by the KSP and FBI;(e)
Using the FBI Applicant Fingerprint Card;(f)
Paying any required fee to the KSP and the FBI;(g)
Completing the criminal record check within six (6) months of the date of the application;(h)
Providing 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(i)
Providing a letter of explanation that addresses each conviction, if applicable.(2)
An applicant shall not be credentialed until a report is received from the FBI pursuant to the request submitted under subsection (1)(d) of this section and any conviction is addressed by the board.(3)
If the SANE credential has lapsed for more than four (4) consecutive licensure periods, the nurse shall complete a SANE course prior to reinstatement.Section 10.
The board shall obtain input from the Sexual Assault Response Team Advisory Committee concerning any proposed amendment to this administrative regulation as follows:(1)
The board shall send a draft copy of any proposed amendment to the co-chairs of the Sexual Assault Response Team Advisory Committee prior to approval by the board;(2)
The board shall request that comments on the proposed amendment be forwarded to the board's designated staff person within ninety (90) days; and(3)
At the conclusion of that time period or upon receipt of comments, whichever is sooner, the board, at its next regularly scheduled meeting, shall consider the comments.Section 11.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Application for Initial or Continued SANE Course Approval", 10/2018;(b)
"Sexual Assault Nurse Examiner Application for Credential", 10/2022(c)
"Annual Credential Renewal Application: SANE Credential with RN in Kentucky", 02/2021;(d)
"Annual Credential Renewal Application: SANE with RN Compact License (Not Kentucky)", 02/2021; and(e)
"Sexual Assault Nurse Examiner (SANE) Education Guidelines", 2018, International Association of Forensic Nurses.(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 40222-5172, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material is also available on the board's website at https://kbn.ky.gov/General/Pages/Document-Library.aspx.(3)
The material in subsection 1(e) of this section may be obtained at https://cdn.ymaws.com/www.forensicnurses.org/resource/resmgr/education/2018_sane_edguidelines.pdf.AUDRIA DENKER, President
APPROVED BY AGENCY: December 15, 2022
FILED WITH LRC: January 11, 2023 at 11:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 22, 2023 at 10:00 AM at Kentucky Board of Nursing, 312 Whittington Parkway, Ste 300, Louisville, KY 40222. Individuals interested in being heard at this hearing shall notify this agency in writing by March 15, 2023, 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, 2023. 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, Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, KY 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 sets standards for Sexual Assault Nurse Examiner programs and credential.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary because of KRS 314.142.
(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 establishing standards.
(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 establishing standards.
(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:
It updates the Application for SANE credential.
(b) The necessity of the amendment to this administrative regulation:
Amendment is needed to conform the application to the online application process.
(c) How the amendment conforms to the content of the authorizing statutes:
By updating the forms.
(d) How the amendment will assist in the effective administration of the statutes:
By updating the forms.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Applicants for renewal of SANE credential. Currently, there are approximately 350 nurses who hold an active Kentucky SANE credential.
(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:
They will use the updated form.
(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 cost beyond the application fee.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The application will be processed more 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?
The changes will apply equally, there is no tiering.
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.
(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?
No additional cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
No additional cost saving.
(c) How much will it cost the regulated entities for the first year?
No additional cost.
(d) How much will it cost the regulated entities 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.
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.
GENERAL GOVERNMENT CABINET
Board of Nursing
(Amendment)
201 KAR 20:411.Sexual Assault Nurse Examiner Program standards and credential requirements.
Section 1.
Definitions.(1)
"Adolescent" means a child who has reached the onset of physiologically normal puberty.(2)
"Pediatric" means a child who has not reached the age of eighteen (18).(3)
"SANE-A/A course" means a formal, organized course of instruction that is designed to prepare a registered nurse to perform forensic evaluation of an adult or adolescent sexual assault victim and to promote and preserve the victim's biological, psychological, and social health.(4)
"SANE course" means the SANE-A/A course and the SANE-P/A course.(5)
"SANE-P/A course" means a formal, organized course of instruction that is designed to prepare a registered nurse to perform forensic evaluation of a pediatric or adolescent sexual assault victim and to promote and preserve the victim's biological, psychological, and social health.Section 2.
SANE Course Approval Application.(1)
On the form Application for Initial or Continued SANE Course Approval, the applicant for approval of a SANE-A/A course or a SANE-P/A course shall submit evidence to the board of completion of the requirements for course approval that consists of the following documentation:(a)
Position description and qualifications of the nurse administrator of the SANE course;(b)
Qualifications and description of the faculty;(c)
Course syllabus;(d)
Course completion requirements;(e)
Tentative course presentation dates;(f)
Records maintenance policy; and(g)
Copy of certificate of course completion form.(2)
Nurse administrator of SANE course. A registered nurse, with current, active Kentucky licensure or a multistate licensure privilege pursuant to KRS 314.475, a baccalaureate or higher degree in nursing, and experience in adult and nursing education shall be administratively responsible for assessment, planning, development, implementation, and evaluation of the SANE course.(3)
Faculty qualifications. Faculty qualifications shall be consistent with the instructor qualifications set out in Sexual Assault Nurse Examiner (SANE) Education Guidelines. The name, title, and credentials identifying the educational and professional qualifications for each instructor shall be provided as part of the application.(4)
Course syllabus. The syllabus shall include:(a)
Course prerequisites, requirements, and fees;(b)
Course outcomes, which shall provide statements of observable competencies, which if taken as a whole, present a clear description of the entry level behaviors to be achieved by the learner;(c)
Unit objectives for an individual, which shall be stated in operational or behavioral terms with supportive content identified;(d)
Content as specified in subsection (6) of this section, which shall be described in detailed outline format with corresponding lesson plans and time frame, and which shall be related to, and consistent with, the unit objectives, and support achievement of expected course outcomes;(e)
Teaching methods with the activities of both instructor and learner specified in relation to the content outline, and which shall be congruent with stated course objectives and content, and reflect the application of adult learning principles;(f)
Evaluation methods, which shall be clearly defined for evaluating the learner's achievement of course outcomes, and which shall include a process for annual course evaluation by students, providers, faculty, and administration; and(g)
Instructional or reference materials required, which shall be identified.(5)
Completion requirements. Requirements for successful completion of the SANE course shall be clearly specified and shall include demonstration of clinical competency. A statement of policy regarding a candidate who fails to successfully complete the course shall be included.(6)
The SANE-A/A course and the SANE-P/A course content shall be consistent with Sexual Assault Nurse Examiner (SANE) Education Guidelines.(a)
In addition to that content, the SANE-A/A course and the SANE-P/A course shall include:1.
Observing live or previously recorded criminal trials and meeting with the Commonwealth Attorney or a representative from the Commonwealth Attorney's office in order to gain an understanding of the trial process including testifying;2.
Meeting with the local rape crisis center and a rape crisis center victim advocate in order to gain an understanding of the services provided to victims by rape crisis centers and the role of an advocate;3.
Meeting with local law enforcement officers or investigators responsible for investigating reports of rape or sexual assault in order to gain an understanding of the investigative process; and4.
Application of the Kentucky statewide medical protocol relating to the forensic and medical examination of an individual reporting sexual assault pursuant to KRS 216B.400(2) and (4); and 5. The victim's bill of rights, KRS 421.500 through 421.575.(b)
In addition to the requirements of paragraph (a) of this subsection, the SANE-P/A course shall include:1.
Principles of child development;2.
Techniques for acute evaluations;3.
An overview of Kentucky Child Advocacy Centers; and4.
An overview of KRS 431.600 through 431.660 which shall include information about multidisciplinary teams and their functions, model protocols approved by the Kentucky Multidisciplinary Commission on Child Sexual Abuse, and the role of peer review in child sexual abuse cases.Section 3.
Contact hour credit for continuing education.(1)
The SANE course shall be approved for contact hour credit which may be applied to licensure requirements.(2)
Approval period. Board approval for a SANE course shall be granted for a four (4) year period.(3)
Records shall be maintained for a period of five (5) years, including the following:(a)
Provider name, date, and site of the course; and(b)
Participant roster, containing at a minimum the name, Social Security number, and license number for each participant.(4)
A participant shall receive a certificate of completion that documents the following:(a)
Name of participant;(b)
Title of course, date, and location;(c)
Provider's name; and(d)
Name and signature of authorized provider representative.Section 4.
Continued Board Approval of a SANE Course.(1)
An application for continued approval of a SANE course shall be submitted on the Application for Initial or Continued SANE Course Approval at least three (3) months prior to the end of the current approval period.(2)
A SANE course syllabus shall be submitted with the Application for Initial or Continued SANE Course Approval.(3)
Continued approval shall be based on the past approval period performance and compliance with the board standards described in this administrative regulation.Section 5.
The board may deny, revoke, or suspend the approval status of a SANE course for violation of this administrative regulation.Section 6.
Appeal. If a SANE course administrator is dissatisfied with a board decision concerning approval and wishes a review of the decision, the procedure established in this section shall be followed.(1)
A written request for the review shall be filed with the board within thirty (30) days after the date of notification of the board action which the SANE course administrator contests(2)
The board, or its designee, shall conduct a review in which the SANE course administrator may appear in person and with counsel to present reasons why the board's decision should be set aside or modified.Section 7.
Requirements for Sexual Assault Nurse Examiner (SANE) Credential.(1)
The applicant for the SANE-A/A or SANE-P/A credential shall:(a)
Hold a current, active registered nurse license in Kentucky or a multistate licensure privilege pursuant to KRS 314.475;(b)
Have completed a board approved SANE educational course or a comparable course, which the board or its designee shall:1.
Evaluate to determine its course comparability; and2.
Advise an applicant if the course is not comparable and specify what additional components shall be completed to allow the applicant to be credentialed.(c)
Complete the Sexual Assault Nurse Examiner Application for Credential;(d)
Pay the fee established in 201 KAR 20:240;(e)
Provide a criminal record check by the Department of Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI);(f)
Use the FBI Applicant Fingerprint Card;(g)
Pay any required fee to the KSP and the FBI;(h)
Complete the criminal record check within six (6) months of the date of the application;(i)
Provide 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(j)
Provide a letter of explanation that addresses each conviction, if applicable.(2)
Upon completion of the application process, the board shall issue the appropriate SANE credential for a period ending October 31.(3)
An applicant shall not be credentialed until a report is received from the FBI pursuant to the request submitted under subsection (1)(e) of this section and any conviction is addressed by the board.Section 8.
Renewal.(1)
To renew the SANE-P/A or the SANE-A/A credential for the next period, each sexual assault nurse examiner shall complete at least five (5) contact hours of continuing education related to the role of the sexual assault nurse examiner or forensic nursing within each continuing education earning period. A provider of a board approved SANE course may offer continuing education related to the role of the sexual assault nurse examiner.(2)
Upon completion of the required continuing education, completion of the Annual Credential Renewal Application: SANE Credential with RN in Kentucky or Annual Credential Renewal Application: SANE with RN Compact License (Not Kentucky), as applicable, and payment of the fee established in 201 KAR 20:240, the appropriate SANE credential shall be renewed at the same time the registered nurse license is renewed.(3)
The five (5) contact hours may count toward the required contact hours of continuing education for renewal of the registered nurse license.(4)
Failure to meet the five (5) contact hour continuing education requirement shall cause the SANE credential to lapse.Section 9.
Reinstatement.(1)
If the SANE credential has lapsed for a period of less than four (4) consecutive registered nurse licensure periods, and the individual wants the credential reinstated, the individual shall apply to reinstate the credential by:(a)
Submitting the Sexual Assault Nurse Examiner Application for Credential;(b)
Paying the fee established in 201 KAR 20:240;(c)
Submitting evidence of earning the continuing education requirement referenced in Section 8(1) of this administrative regulation for the number of registered nurse licensure periods since the SANE credential lapsed;(d)
Providing a criminal record check by the KSP and FBI;(e)
Using the FBI Applicant Fingerprint Card;(f)
Paying any required fee to the KSP and the FBI;(g)
Completing the criminal record check within six (6) months of the date of the application;(h)
Providing 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(i)
Providing a letter of explanation that addresses each conviction, if applicable.(2)
An applicant shall not be credentialed until a report is received from the FBI pursuant to the request submitted under subsection (1)(d) of this section and any conviction is addressed by the board.(3)
If the SANE credential has lapsed for more than four (4) consecutive licensure periods, the nurse shall complete a SANE course prior to reinstatement.Section 10.
The board shall obtain input from the Sexual Assault Response Team Advisory Committee concerning any proposed amendment to this administrative regulation as follows:(1)
The board shall send a draft copy of any proposed amendment to the co-chairs of the Sexual Assault Response Team Advisory Committee prior to approval by the board;(2)
The board shall request that comments on the proposed amendment be forwarded to the board's designated staff person within ninety (90) days; and(3)
At the conclusion of that time period or upon receipt of comments, whichever is sooner, the board, at its next regularly scheduled meeting, shall consider the comments.Section 11.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Application for Initial or Continued SANE Course Approval", 10/2018;(b)
"Sexual Assault Nurse Examiner Application for Credential", 10/2022;(c)
"Annual Credential Renewal Application: SANE Credential with RN in Kentucky", 02/2021;(d)
"Annual Credential Renewal Application: SANE with RN Compact License (Not Kentucky)", 02/2021; and(e)
"Sexual Assault Nurse Examiner (SANE) Education Guidelines", 2018, International Association of Forensic Nurses.(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 40222-5172, Monday through Friday, 8:00 a.m. to 4:30 p.m. This material is also available on the board's website at https://kbn.ky.gov/General/Pages/Document-Library.aspx.(3)
The material in subsection 1(e) of this section may be obtained at https://cdn.ymaws.com/www.forensicnurses.org/resource/resmgr/education/2018_sane_edguidelines.pdf.AUDRIA DENKER, President
APPROVED BY AGENCY: December 15, 2022
FILED WITH LRC: January 11, 2023 at 11:45 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 22, 2023 at 10:00 AM at Kentucky Board of Nursing, 312 Whittington Parkway, Ste 300, Louisville, KY 40222. Individuals interested in being heard at this hearing shall notify this agency in writing by March 15, 2023, 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, 2023. 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, Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, KY 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 sets standards for Sexual Assault Nurse Examiner programs and credential.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary because of KRS 314.142.
(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 establishing standards.
(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 establishing standards.
(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:
It updates the Application for SANE credential.
(b) The necessity of the amendment to this administrative regulation:
Amendment is needed to conform the application to the online application process.
(c) How the amendment conforms to the content of the authorizing statutes:
By updating the forms.
(d) How the amendment will assist in the effective administration of the statutes:
By updating the forms.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Applicants for renewal of SANE credential. Currently, there are approximately 350 nurses who hold an active Kentucky SANE credential.
(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:
They will use the updated form.
(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 cost beyond the application fee.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The application will be processed more 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?
The changes will apply equally, there is no tiering.
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.
(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?
No additional cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
No additional cost saving.
(c) How much will it cost the regulated entities for the first year?
No additional cost.
(d) How much will it cost the regulated entities 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.
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.