Title 201 | Chapter 020 | Regulation 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.
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evidence shall be submitted by the applicant or an organization on behalf of the applicant that the license has not been revoked, suspended, probated, or otherwise disciplined in the licensing country.(3)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)
(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 applicantSection 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.(1)
(2)
(3)
(a)
(b)
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.