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Title 201 | Chapter 020 | Regulation 480E


201 KAR 20:480REG
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STATEMENT OF EMERGENCY
201 KAR 20:480E

This emergency amendment to an existing administrative regulation is being promulgated to meet an imminent threat to public health and welfare. The Commonwealth of Kentucky is experiencing a critical nursing shortage, as evidenced by the Governor declaring a state of emergency under Executive Order 2021-913. This emergency administrative regulation is being filed on an emergency basis under KRS 13A.190, 314.011, 314.041, 314.051, 314.131(1), and Section 1.(13) of 2020 RS SB 150, 2020 Ky. Acts ch. 73, to meet an imminent threat to public health, safety and welfare and to address the nursing shortage by easing licensing for nurses from foreign programs of nursing (PON). Under this emergency amendment, the existing administrative regulation will be different because the emergency amendment replaces the VisaScreen requirement with a requirement for the Commission on Graduates of Foreign Nursing Schools Credentials Evaluation Service (CGFNS CES) report. The VisaScreen does not provide a comparison of foreign PONs to Kentucky PONs; the CGFNS CES does. In addition, this emergency amendment includes a list of the accepted English Language Proficiency examinations and their passing scores. This administrative regulation with the emergency amendment will be replaced by an identical amendment to the ordinary administrative regulation.

ANDY BESHEAR, Governor
JESSICA WILSON, Board President

BOARDS AND COMMISSIONS
Board of Nursing
(Emergency Amendment)

201 KAR 20:480E.Licensure of graduates of foreign nursing schools.

Section 1.

(1)

 

(a)

An applicant for licensure by examination who is a graduate of a foreign nursing school shall meet the requirements of 201 KAR 20:070, Section 1, except for Section 1(3) of that administrative regulation.

(b)

An applicant for licensure by endorsement who is a graduate of a foreign nursing school shall meet the requirements of 201 KAR 20:110.

(2)

If licensed in another country evidence shall be submitted by the applicant or an organization on behalf of the applicant that the license has not been revoked, suspended, probated, or otherwise disciplined in the licensing country.

(3)

An applicant shall maintain proof of legal permanent or temporary residency under the laws and regulations of the United States.

(4)

 

(a)

An applicant for licensure as a registered nursing or a licensed practical nurse shall obtain a full education course-by-course report from the Commission on Graduates of Foreign Nursing Schools (CGFNS) Credentials Evaluation Service. The report shall state whether the applicant's program of nursing is comparable to an approved program in the state.

(b)

An applicant shall also complete an English Language Proficiency examination pursuant to section 2 of this administrative regulation.

(5)

An applicant for licensure by examination may be made eligible to take the NCLEX examination prior to obtaining a Social Security number. However, the applicant shall not be licensed until the applicant provides a Social Security number.

Section 2.

English Language Proficiency examinations.

(1)

An applicant for licensure shall complete English Language Proficiency examination unless the language of instruction and the textbooks of the applicant's program of nursing were entirely in English.

(2)

The following English Language Proficiency examinations are recognized with the minimum passing standard:

(a)

International English Language Testing System (IELTS), 6.5 overall, 6.0 speaking; and

(b)

Test of English as a Foreign Language (TOEFL), 84 overall, 26 speaking.

(3)

The applicant shall cause the scores on the English Language Proficiency examination to be sent to the board by CGFNS.  

JESSICA WILSON, Board President
APPROVED BY AGENCY: January 31, 2022
FILED WITH LRC: February 2, 2022 at 9:30 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Monday, March 21, 2022, at 10:00 a.m. (EDT) in the office of the Kentucky Board of Nursing, 312 Whittington Parkway, Suite 300, Louisville, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by Monday, March 14, 2022, five workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. 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 until end of day (11:59 p.m. EDT) Thursday, March 31, 2022. 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, phone (502) 338-2851, email Jeffrey.Prather@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jeffrey R. Prather
(1) Provide a brief summary of:
(a) What this administrative regulation does:
It sets certain requirements for applicants for licensure who graduated from a foreign nursing school.
(b) The necessity of this administrative regulation:
It is necessary to assure that the foreign nursing program is comparable to a Kentucky program and that the applicant can speak, read, and understand English.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
By setting these requirements.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
By setting these requirements.
(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:
(b) The necessity of the amendment to this administrative regulation:
(c) How the amendment conforms to the content of the authorizing statutes:
By adopting the CGFNS CES and the English examinations. (d) How the amendment to the administrative regulation will assist in the effective administration of the statutes: By adopting the CGFNS CES and the English examinations.
(d) How the amendment will assist in the effective administration of the statutes:
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Applicants for licensure who graduated from a foreign nursing school, number unknown. (4) Provide an analysis of how the entities referenced 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) A detailed explanation of the actions the entities referenced in question (3) will be required to undertake in order to comply with this proposed administrative regulation: They will have to obtain a CGFNS CES report and pass an English Language Proficiency examination. (b) An estimate of the costs imposed on entities referenced in question (3) in order to comply with this proposed administrative regulation: There is a fee paid to CGFNS and to the organization providing the English Language Proficiency examination. Board staff understands that the CGFNS CES report cost to be $385.00; and the costs to take the ELP examinations are as follows: the Test of English as a Foreign Language (TOEFL) examination is $185.00, and the International English Language Testing System (IELTS) is $225.00. (c) The benefits that may accrue to the entities referenced in question (3) as a result of compliance: They will be in compliance with the regulation.
(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:
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
(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) Provide the source of the funding to be used for the implementation and enforcement of this administrative regulation: Agency general funds. (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation or amendment: It will not. (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: It does not.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
(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:
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
(9) TIERING: Is tiering applied?
Tiering is not applicable.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(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?
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
: KRS 314.041, KRS 314.051, 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 costs.
(d) How much will it cost to administer this program for subsequent years?
No additional costs.
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:

7-Year Expiration: 8/16/2024

Last Action: 2/28/2022


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