Title 201 | Chapter 020 | Regulation 476
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GENERAL GOVERNMENT CABINET
Board of Nursing
(Amendment)
201 KAR 20:476.Dialysis technician credentialing requirements for initial credentialing, renewal, and reinstatement.
Section 1.
Requirements for Initial Dialysis Technician Credential.(1)
An individual who wants to be credentialed as a dialysis technician (DT) in order to engage in dialysis care shall:(a)
File with the board the Application for Dialysis Technician Credential;(b)
Pay the fee established in Section 4 of this administrative regulation;(c)
Have completed a board approved DT training program;(d)
Submit the Checklist for Dialysis Technician Competency Validation; and(e)
Submit a criminal record check pursuant to subsection (3) of this section and meet the requirements of that subsection.(2)
(a)
In addition to the requirements of subsection (1)(a), (b), (d), and (e) of this section, an applicant who has completed an out of state DT training program that is not approved by the board and who does not hold certification from one (1) of the certification organizations listed in subsection (4)(b) of this section shall submit to the board the training program's curriculum and evidence of completion of the training program.1.
The board or its designee shall evaluate the applicant's training program to determine its comparability with the standards as established in 201 KAR 20:472.2.
The board or its designee shall advise an applicant if the training program is not comparable and specify what additional components shall be completed to meet the requirements of 201 KAR 20:472, Section 6.(b)
In addition to the requirements of subsection (1)(a), (b), (d), and (e) of this section, an applicant who has completed an out of state DT training program that is not approved by the board and who holds certification from one (1) of the certification organizations listed in subsection (4)(b) of this section shall complete an educational module that covers the information contained in 201 KAR 20:472, Section 6(2)(a)2.(3)
(a)
The criminal record check shall have been completed within six (6) months of the date of the application by the Department of Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI) using the FBI Applicant Fingerprint Card. The applicant shall pay any fee required by the KSP and the FBI.(b)
The applicant shall provide to the board a certified or attested copy of the court record of any misdemeanor or felony conviction in any jurisdiction, except for traffic-related misdemeanors (other than DUI) or misdemeanors that are older than five (5) years. The applicant shall provide to the board a letter of explanation that addresses each conviction.(c)
A felony or misdemeanor conviction shall be reviewed by the board to determine if the application shall be processed with no further action. If further action is deemed(4)
(a)
After the applicant has met the requirements of subsection (1)(a), (b), (c), (d), and (e) of this section, the board shall issue a provisional credential to the applicant. The applicant shall be referred to as a DT Applicant. The DT Applicant shall practice dialysis care under the supervision of a registered nurse, an advanced practice registered nurse, physician, or a physician's assistant.(b)
The provisional credential shall expire eighteen (18) months from the date the provisional credential is issued1.
2.
3.
(c)
If the applicant fails to obtain certification as set forth above(d)
A DT application shall be issued a provisional credential under this section only one (1) time, and it shall expire after eighteen (18) months.(5)
The DT Applicant shall only practice dialysis care as a DT Applicant until:(a)
The credential is issued;(b)
The application is denied by the board; or(c)
The application lapses.(6)
(a)
Upon approval of the Application for Dialysis Technician Credential pursuant to subsection (1) of this section and the applicant's successful certification pursuant to subsection (4) of this section, the board shall issue the DT credential.(b)
If the credential is issued prior to May 1, it shall expire on October 31 of the current credentialing period as defined in 201 KAR 20:085, Section 2.(c)
If the credential is issued on or after May 1, it shall expire on October 31 of the succeeding credentialing period as defined in 201 KAR 20:085, Section 2.(d)
After the issuance of the initial DT credential, the credentialing period shall be as defined in 201 KAR 20:085, Section 2.Section 2.
Renewal.(1)
To be eligible for renewal of the credential, the DT shall submit prior to the expiration date of the credential:(a)
The Application for Renewal of the Dialysis Technician Credential(b)
The fee established in Section 4 of this administrative regulation; and(c)
Evidence of current certification by one (1) of the organizations listed in Section 1(4)(b) of this administrative regulation.(2)
If the application form is submitted online(3)
If a paper application is submitted, it shall be received no later than the last day of the credentialing period. If the application is not received by the board until after the last day of the credentialing period, the application shall have been postmarked at least seven (7) days prior to the last day of the credentialing period.(4)
All information needed to determine that an applicant meets the requirements for renewal of credential shall be received by the board no later than the last day of the credentialing period. If the information is not received by the board until after the last day of the credentialing period, in order to be considered by the board for the current renewal, the information shall have been postmarked at least seven (7) days prior to the last day of the credentialing period.(5)
Failure to comply with these requirements shall result in the credential lapsing. A person whose credential has lapsed shall comply with Section 3 of this administrative regulation to reinstate the credential.Section 3.
Reinstatement.(1)
If the DT credential has lapsed for less than twelve (12) months, an individual may reinstate the credential as follows:(a)
Submit the Application for Dialysis Technician Credential;(b)
Provide evidence of certification from a DT certification organization listed in Section 1(4)(b) of this administrative regulation;(c)
Pay the fee established in Section 4 of this administrative regulation; and(d)
Provide a criminal record check by the Department of the Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI) and comply with the requirements of subsection (2) of this section.(2)
(a)
The criminal record check shall have been completed within six (6) months of the date of the application by the Department of Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI) using the FBI Applicant Fingerprint Card. The applicant shall pay any fee required by the KSP and the FBI.(b)
The applicant shall provide to the board a certified or attested copy of the court record of any misdemeanor or felony conviction in any jurisdiction, except for traffic-related misdemeanors (other than DUI) or misdemeanors that are older than five (5) years. The applicant shall provide to the board a letter of explanation that addresses each conviction.(c)
A felony or misdemeanor conviction shall be reviewed by the board to determine if the application shall be processed with no further action. If further action is deemed(3)
If the DT credential has lapsed for more than twelve (12) months, an individual may reinstate the credential by one (1) of the following methods.(a)
If the DT has not worked as a DT in another state, the individual shall:1.
Complete a DT training program approved by the board;2.
After completion of the training program, submit an Application for Dialysis Technician Credential;3.
The supervising registered nurse shall complete and submit the Checklist for Dialysis Technician Competency Validation to the board;4.
Pay the fee established by Section 4 of this administrative regulation;5.
Provide a criminal record check by the KSP and the FBI and comply with subsection (2) of this section; and6.
(b)
After the applicant has met the requirements of this subsection (3)(a) of this section and provides evidence of a current certification from one (1) of the certification organizations listed in 201 KAR 20:472 Section 5(5)(c), the applicant's credential shall be reinstated.(c)
If the applicant for reinstatement under this subsection does not hold a current certification from one (1) of the organizations listed in 201 KAR 20:472 Section 5(5)(c), the applicant shall be referred to as a DT Applicant and the board may issue a provisional credential to the DT Applicant, if:1.
The DT Applicant previously held a dialysis technician credential; and2.
Provides verification that the DT Applicant has previously held a certification from one (1) of the organizations listed in 201 KAR 20:472 Section 5(5)(c).(d)
A provisional credential issued under subsection 3(c) of this section shall expire eighteen (18) months from the date provisional credential is issued by the board. During that time, the applicant shall obtain recertification from one (1) of the(e)
A DT Applicant shall be issued a provisional credential only one (1) time under the subsection 3(c) of this section.(f)
The DT Applicant shall practice dialysis care under the supervision of a registered nurse, an advanced practice registered nurse, a physician, or a physician's assistant.(g)(b)
If the DT has worked as a DT in another state, the individual shall:1.
Submit an Application for Dialysis Technician Credential;2.
Submit verification of working as a DT in another state;3.
Pay the fee established by Section 4 of this administrative regulation;4.
Provide a criminal record check by the KSP and the FBI and comply with subsection (2) of this section; and5.
Provide evidence of certification from a DT certification organization listed in Section 1(4)(b) of this administrative regulation.(4)
An application for Dialysis Technician Credential submitted for reinstatement shall be valid for one (1) year from the date of receipt by the board.(5)
Upon approval of the application, the credential shall be reinstated.Section 4.
Fees.(1)
The application fee for the initial credential shall be seventy (70) dollars.(2)
The credential renewal fee shall be thirty-five (35) dollars.(3)
The credential reinstatement fee shall be $100.(4)
A fee of ten (10) dollars shall be charged for issuing a duplicate of the credential.(5)
A check submitted to the board for payment of a fee that is returned by the bank for nonpayment shall be assessed a return check fee of thirty-five (35) dollars.(6)
A fee of ten (10) dollars shall be charged for written verification of a dialysis technician credential. If submitted in list format, a fee of ten (10) dollars for the first name shall be assessed and a fee of one (1) dollar shall be assessed for each additional name.(7)
A fee of twenty-five (25) dollars shall be charged for a name change and the issuance of a new credential.(8)
All fees shall be nonrefundable.Section 5.
Material Incorporated by Reference.(1)
The following materials are(a)
"Application for Dialysis Technician Credential", 4/2021;(b)
"Application for Renewal of Dialysis Technician Credential(c)
"Checklist for Dialysis Technician Competency Validation", 4/2021.(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, 8:00 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-Libary.aspxAUDRIA DENKER, President
APPROVED BY AGENCY: December 15, 2022
FILED WITH LRC: January 11, 2023 at 12:13 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 22, 2023 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 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, 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 establishes the requirements for credentialing a Dialysis Technicians (DT), initially, by renewal, and by reinstatement.
(b) The necessity of this administrative regulation:
This regulation is necessary pursuant to KRS 314.137.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation establishes requirements for credentialing DTs, initially, by renewal, and by reinstatement.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will assist in the effective administration of KRS 314.021 and KRS 314.137, by establishing requirements for credentialing DTs, initially, by renewal, and by reinstatement.
(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 provide a process for initial DTs to receive one provisional credential until receiving national credentialing agencies within 18 months. The credentialing agencies are incorporated by reference to 201 KAR 20:472, instead of being listed within 201 KAR 20:476. Provides for a path to credentialing for DTs who’s credential has lapsed for more than one year.
(b) The necessity of the amendment to this administrative regulation:
To allow a path for DTs to who have been formally credentialed, but are unable to provide proof of credentialing due to the passage of time, and limits this path to one attempt.
(c) How the amendment conforms to the content of the authorizing statutes:
The regulation conforms to the content of the authorizing statutes, KRS 314.131(1) and KRS 314.137, by establishing appropriate standards for DT credentialing, in order to protect and safeguard the health and safety of the citizens of the Commonwealth of Kentucky.
(d) How the amendment will assist in the effective administration of the statutes:
The regulation assists in administration of KRS 314.021 and KRS 314.137, by establishing standards for DT credentialing.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
In 2022, the Board issued approximately 130 DT credentials.
(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:
Initial DT applicants will be provisionally licensed and have 18 months to obtain national credentialing. A DT applicant for reinstatement who’s credential has lapsed for longer than one year will receive a provisional credential for 18 months, if they provide proof or verification of national credentialing. The provisional credential in both instances will only be provided once.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
DT applicants for reinstatement who have lapsed for longer than one year will have a path receiving a provisional credential if they are unable to provide proof of the prior credential due to unforeseen circumstances.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No cost.
(b) On a continuing basis:
No 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 in fees or funding are required.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
It does not establish fees.
(9) TIERING: Is tiering applied?
No tiering is applied.
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?
The Kentucky 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 314.137.
(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.
No additional expenditures will be affected.
(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?
No revenue will be generated.
(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?
No additional revenue will be generated.
(c) How much will it cost to administer this program for the first year?
No cost to administer.
(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.
None.
(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.
GENERAL GOVERNMENT CABINET
Board of Nursing
(Amendment)
201 KAR 20:476.Dialysis technician credentialing requirements for initial credentialing, renewal, and reinstatement.
Section 1.
Requirements for Initial Dialysis Technician Credential.(1)
An individual who wants to be credentialed as a dialysis technician (DT) in order to engage in dialysis care shall:(a)
File with the board the Application for Dialysis Technician Credential;(b)
Pay the fee established in Section 4 of this administrative regulation;(c)
Have completed a board approved DT training program;(d)
Submit the Checklist for Dialysis Technician Competency Validation; and(e)
Submit a criminal record check pursuant to subsection (3) of this section and meet the requirements of that subsection.(2)
(a)
In addition to the requirements of subsection (1)(a), (b), (d), and (e) of this section, an applicant who has completed an out of state DT training program that is not approved by the board and who does not hold certification from one (1) of the certification organizations listed in subsection (4)(b) of this section shall submit to the board the training program's curriculum and evidence of completion of the training program.1.
The board or its designee shall evaluate the applicant's training program to determine its comparability with the standards as established in 201 KAR 20:472.2.
The board or its designee shall advise an applicant if the training program is not comparable and specify what additional components shall be completed to meet the requirements of 201 KAR 20:472, Section 6.(b)
In addition to the requirements of subsection (1)(a), (b), (d), and (e) of this section, an applicant who has completed an out of state DT training program that is not approved by the board and who holds certification from one (1) of the certification organizations listed in subsection (4)(b) of this section shall complete an educational module that covers the information contained in 201 KAR 20:472, Section 6(2)(a)2.(3)
(a)
The criminal record check shall have been completed within six (6) months of the date of the application by the Department of Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI) using the FBI Applicant Fingerprint Card. The applicant shall pay any fee required by the KSP and the FBI.(b)
The applicant shall provide to the board a certified or attested copy of the court record of any misdemeanor or felony conviction in any jurisdiction, except for traffic-related misdemeanors (other than DUI) or misdemeanors that are older than five (5) years. The applicant shall provide to the board a letter of explanation that addresses each conviction.(c)
A felony or misdemeanor conviction shall be reviewed by the board to determine if the application shall be processed with no further action. If further action is deemed necessary, the application shall not be processed unless the applicant has entered into an agreed order with the board. If the parties are unable to agree on terms and conditions for an agreed order, an administrative hearing shall be held.(4)
(a)
After the applicant has met the requirements of subsection (1)(a), (b), (c), (d), and (e) of this section, the board shall issue a provisional credential to the applicant. The applicant shall be referred to as a DT Applicant. The DT Applicant shall practice dialysis care under the supervision of a registered nurse, an advanced practice registered nurse, physician, or a physician's assistant.(b)
The provisional credential shall expire eighteen (18) months from the date the provisional credential is issued by the board. During that time, the applicant shall obtain certification from one (1) of the certification organizations listed in 201 KAR 20:472 Section 5(5)(c).(c)
If the applicant fails to obtain certification as set forth above, the application shall lapse. The applicant may reapply by completing the training program again and meeting the requirements of subsection (1)(a), (b), (c), (d), and (e) of this section.(d)
A DT application shall be issued a provisional credential under this section only one (1) time, and it shall expire after eighteen (18) months.(5)
The DT Applicant shall only practice dialysis care as a DT Applicant until:(a)
The credential is issued;(b)
The application is denied by the board; or(c)
The application lapses.(6)
(a)
Upon approval of the Application for Dialysis Technician Credential pursuant to subsection (1) of this section and the applicant's successful certification pursuant to subsection (4) of this section, the board shall issue the DT credential.(b)
If the credential is issued prior to May 1, it shall expire on October 31 of the current credentialing period as defined in 201 KAR 20:085, Section 2.(c)
If the credential is issued on or after May 1, it shall expire on October 31 of the succeeding credentialing period as defined in 201 KAR 20:085, Section 2.(d)
After the issuance of the initial DT credential, the credentialing period shall be as defined in 201 KAR 20:085, Section 2.Section 2.
Renewal.(1)
To be eligible for renewal of the credential, the DT shall submit prior to the expiration date of the credential:(a)
The Application for Renewal of the Dialysis Technician Credential;(b)
The fee established in Section 4 of this administrative regulation; and(c)
Evidence of current certification by one (1) of the organizations listed in Section 1(4)(b) of this administrative regulation.(2)
If the application form is submitted online, it shall be received by the board prior to midnight on the last day of the credentialing period.(3)
If a paper application is submitted, it shall be received no later than the last day of the credentialing period. If the application is not received by the board until after the last day of the credentialing period, the application shall have been postmarked at least seven (7) days prior to the last day of the credentialing period.(4)
All information needed to determine that an applicant meets the requirements for renewal of credential shall be received by the board no later than the last day of the credentialing period. If the information is not received by the board until after the last day of the credentialing period, in order to be considered by the board for the current renewal, the information shall have been postmarked at least seven (7) days prior to the last day of the credentialing period.(5)
Failure to comply with these requirements shall result in the credential lapsing. A person whose credential has lapsed shall comply with Section 3 of this administrative regulation to reinstate the credential.Section 3.
Reinstatement.(1)
If the DT credential has lapsed for less than twelve (12) months, an individual may reinstate the credential as follows:(a)
Submit the Application for Dialysis Technician Credential;(b)
Provide evidence of certification from a DT certification organization listed in Section 1(4)(b) of this administrative regulation;(c)
Pay the fee established in Section 4 of this administrative regulation; and(d)
Provide a criminal record check by the Department of the Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI) and comply with the requirements of subsection (2) of this section.(2)
(a)
The criminal record check shall have been completed within six (6) months of the date of the application by the Department of Kentucky State Police (KSP) and the Federal Bureau of Investigation (FBI) using the FBI Applicant Fingerprint Card. The applicant shall pay any fee required by the KSP and the FBI.(b)
The applicant shall provide to the board a certified or attested copy of the court record of any misdemeanor or felony conviction in any jurisdiction, except for traffic-related misdemeanors (other than DUI) or misdemeanors that are older than five (5) years. The applicant shall provide to the board a letter of explanation that addresses each conviction.(c)
A felony or misdemeanor conviction shall be reviewed by the board to determine if the application shall be processed with no further action. If further action is deemed necessary, the application shall not be processed unless the applicant has entered into an agreed order with the board. If the parties are unable to agree on terms and conditions for an agreed order, an administrative hearing shall be held.(3)
If the DT credential has lapsed for more than twelve (12) months, an individual may reinstate the credential by one (1) of the following methods.(a)
If the DT has not worked as a DT in another state, the individual shall:1.
Complete a DT training program approved by the board;2.
After completion of the training program, submit an Application for Dialysis Technician Credential;3.
The supervising registered nurse shall complete and submit the Checklist for Dialysis Technician Competency Validation to the board;4.
Pay the fee established by Section 4 of this administrative regulation;5.
Provide a criminal record check by the KSP and the FBI and comply with subsection (2) of this section; and(b)
After the applicant has met the requirements of this subsection (3)(a) of this section and provides evidence of a current certification from one (1) of the certification organizations listed in 201 KAR 20:472 Section 5(5)(c), the applicant's credential shall be reinstated.(c)
If the applicant for reinstatement under this subsection does not hold a current certification from one (1) of the organizations listed in 201 KAR 20:472 Section 5(5)(c), the applicant shall be referred to as a DT Applicant and the board may issue a provisional credential to the DT Applicant, if:1.
The DT Applicant previously held a dialysis technician credential; and2.
Provides verification that the DT Applicant has previously held a certification from one (1) of the organizations listed in 201 KAR 20:472 Section 5(5)(c).(d)
A provisional credential issued under subsection 3(c) of this section shall expire eighteen (18) months from the date provisional credential is issued by the board. During that time, the applicant shall obtain recertification from one (1) of the certification organizations listed in 201 KAR 20:472 Section 5(5)(c).(e)
A DT Applicant shall be issued a provisional credential only one (1) time under the subsection 3(c) of this section.(f)
The DT Applicant shall practice dialysis care under the supervision of a registered nurse, an advanced practice registered nurse, a physician, or a physician's assistant.(g)
If the DT has worked as a DT in another state, the individual shall:1.
Submit an Application for Dialysis Technician Credential;2.
Submit verification of working as a DT in another state;3.
Pay the fee established by Section 4 of this administrative regulation;4.
Provide a criminal record check by the KSP and the FBI and comply with subsection (2) of this section; and5.
Provide evidence of certification from a DT certification organization listed in Section 1(4)(b) of this administrative regulation.(4)
An application for Dialysis Technician Credential submitted for reinstatement shall be valid for one (1) year from the date of receipt by the board.(5)
Upon approval of the application, the credential shall be reinstated.Section 4.
Fees.(1)
The application fee for the initial credential shall be seventy (70) dollars.(2)
The credential renewal fee shall be thirty-five (35) dollars.(3)
The credential reinstatement fee shall be $100.(4)
A fee of ten (10) dollars shall be charged for issuing a duplicate of the credential.(5)
A check submitted to the board for payment of a fee that is returned by the bank for nonpayment shall be assessed a return check fee of thirty-five (35) dollars.(6)
A fee of ten (10) dollars shall be charged for written verification of a dialysis technician credential. If submitted in list format, a fee of ten (10) dollars for the first name shall be assessed and a fee of one (1) dollar shall be assessed for each additional name.(7)
A fee of twenty-five (25) dollars shall be charged for a name change and the issuance of a new credential.(8)
All fees shall be nonrefundable.Section 5.
Material Incorporated by Reference.(1)
The following materials are incorporated by reference:(a)
"Application for Dialysis Technician Credential", 4/2021;(b)
"Application for Renewal of Dialysis Technician Credential", 4/2021; and(c)
"Checklist for Dialysis Technician Competency Validation", 4/2021.(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, 8:00 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-Libary.aspx.AUDRIA DENKER, President
APPROVED BY AGENCY: December 15, 2022
FILED WITH LRC: January 11, 2023 at 12:13 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 22, 2023 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 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, 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 establishes the requirements for credentialing a Dialysis Technicians (DT), initially, by renewal, and by reinstatement.
(b) The necessity of this administrative regulation:
This regulation is necessary pursuant to KRS 314.137.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation establishes requirements for credentialing DTs, initially, by renewal, and by reinstatement.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will assist in the effective administration of KRS 314.021 and KRS 314.137, by establishing requirements for credentialing DTs, initially, by renewal, and by reinstatement.
(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 provide a process for initial DTs to receive one provisional credential until receiving national credentialing agencies within 18 months. The credentialing agencies are incorporated by reference to 201 KAR 20:472, instead of being listed within 201 KAR 20:476. Provides for a path to credentialing for DTs who’s credential has lapsed for more than one year.
(b) The necessity of the amendment to this administrative regulation:
To allow a path for DTs to who have been formally credentialed, but are unable to provide proof of credentialing due to the passage of time, and limits this path to one attempt.
(c) How the amendment conforms to the content of the authorizing statutes:
The regulation conforms to the content of the authorizing statutes, KRS 314.131(1) and KRS 314.137, by establishing appropriate standards for DT credentialing, in order to protect and safeguard the health and safety of the citizens of the Commonwealth of Kentucky.
(d) How the amendment will assist in the effective administration of the statutes:
The regulation assists in administration of KRS 314.021 and KRS 314.137, by establishing standards for DT credentialing.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
In 2022, the Board issued approximately 130 DT credentials.
(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:
Initial DT applicants will be provisionally licensed and have 18 months to obtain national credentialing. A DT applicant for reinstatement who’s credential has lapsed for longer than one year will receive a provisional credential for 18 months, if they provide proof or verification of national credentialing. The provisional credential in both instances will only be provided once.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
No additional cost.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
DT applicants for reinstatement who have lapsed for longer than one year will have a path receiving a provisional credential if they are unable to provide proof of the prior credential due to unforeseen circumstances.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No cost.
(b) On a continuing basis:
No 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 in fees or funding are required.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
It does not establish fees.
(9) TIERING: Is tiering applied?
No tiering is applied.
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?
The Kentucky 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 314.137.
(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.
No additional expenditures will be affected.
(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?
No revenue will be generated.
(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?
No additional revenue will be generated.
(c) How much will it cost to administer this program for the first year?
No cost to administer.
(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.
None.
(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.