KENTUCKY BOARD OF NURSING

APPLICATIONS FOR LICENSURE AND REGISTRATION

Relates to: KRS 314.041, 314.051, 314.071

NECESSITY, FUNCTION AND CONFORMITY: KRS 314.041, 314.051, and 314.071 require the board to review applications for licensure and licensees for conformity with KRS Chapter 314. KRS 314.091 requires the board to deny, limit, revoke, probate, suspend, or take other action against an applicant or licensee who is guilty of the offenses or conduct specified in KRS 314.091. This administrative regulation establishes requirements and procedures for licensure and registration.

Section 1. To be eligible for licensure by examination, endorsement, renewal, reinstatement or change of status, or for advanced registered nurse practitioner registration, renewal, or reinstatement, an applicant shall:

(1) Submit completed application to board office on original form supplied by the board;

(2) Submit current application fee, as applicable;

(3) Submit official copy of court records of any misdemeanor or felony conviction with a letter of explanation;

(4) Submit certified copies of any disciplinary action taken in other jurisdictions with a letter of explanation or report any disciplinary action pending on nurse licensure applications or license in other jurisdictions;

(5) Have no disciplinary action pending by the board or an agreed order or decision presently in effect for violation of KRS Chapter 314;

(6) Have paid all monies due to the board;

(7) Submit copy of an official name change document (court order, marriage certificate, divorce decree), if applicable;

(8) Submit additional information as requested by the board.

(9) Meet additional requirements for:

(a) Licensure by examination established by 201 KAR 20:070,

(b) Licensure by endorsement established by 201 KAR 20:110,

(d) Licensure by renewal established by 201 KAR 20:230,

(e) Inactive licensure status established by 201 KAR 20:095, or

(f) Advanced registered nurse practitioner registration, renewal or reinstatement established by 201 KAR 20:056.

(10) If not a citizen of the United States, submit proof of legal permanent or temporary residency under the laws and regulations of the United States.

Section 2. A completed application form and all information needed to determine that an applicant meets requirements for licensure or registration shall be postmarked or received by the board no later than the last day for renewal of license or registration.

Section 3. Except as provided in 201 KAR 20:070, Section 1(12), an application which is not completed within one(1) year from the date the application form is filed with the board office shall lapse and the fee shall be forfeited.

Section 4. Beginning January 1, 1998, in addition to the requirements imposed by Section 1 of this administrative regulation, an applicant for licensure by examination or endorsement shall comply with the requirements of this section.

(1) An applicant shall not be eligible for the NCLEX examination or licensure if the applicant has been convicted:

(a) of a felony under one of the KRS chapters specified in subsection (2) of this section, within five (5) years of the date of filing an application; or

(b) for violation of a comparable law in another jurisdiction.

(2) (a) KRS Chapter 189A (driving under the influence); (l) KRS Chapter 516 (forgery and related offenses);

(b) KRS Chapter 218A (controlled substances); (m) KRS Chapter 521 (bribery and corrupt influences);

(d) KRS Chapter 508 (assault and related offenses); (o) KRS Chapter 525 (riot, disorderly conduct and

(e) KRS Chapter 509 (kidnapping and related offenses); related offenses);

(f) KRS Chapter 510 (sexual offenses); (p) KRS Chapter 527 (offenses related to firearms and

(g) KRS Chapter 511 (burglary and related offenses); weapons);

(h) KRS Chapter 512 (criminal damage to property); (q) KRS Chapter 528 (gambling);

(i) KRS Chapter 513 (arson and related offenses); (r) KRS Chapter 529 (prostitution offenses);

(j) KRS Chapter 514 (theft and related offenses); (s) KRS Chapter 531 (pornography; and

(k) KRS Chapter 515 (robbery); (t) KRS Chapter 506 (offenses of attempts, conspiracy, or complicity to commit the offenses specified in this section).

(3) (a) A Notice to Deny Licensure shall be issued to an applicant for licensure who has been convicted of an offense specified by subsection (2) of this section.

(b) An applicant who has been issued a Notice to Deny Licensure may request a hearing before a hearing panel. They request a hearing before a hearing panel. The request shall be postmarked within thirty (30) days of receipt of the notice.

(4) (a) An applicant for licensure by examination or endorsement shall report:

1. Convictions for crimes specified in subsections (1) and (2) of this section for which the applicant was convicted prior to the time specified in subsection (1) of this section; and

2. Convictions for crimes that are not specified in subsections (1) and (2) of this section.

(b) The board shall review convictions reported pursuant to paragraph (a) of this subsection on an individual basis.

Effective December 9, 1997

QUESTIONS ABOUT APPLICATIONS FOR

LICENSURE WITH CRIMINAL CONVICTIONS

The Kentucky Board of Nursing (KBN) has promulgated an administrative regulation, 201 KAR 20:370, Applications for Licensure and Registration, that deals with applicants who have criminal convictions. This regulation, printed on the reverse side, requires that all convictions be reported to the Board. The most common questions asked by applicants with criminal convictions are answered below.

Ø What criminal convictions must I report to the Board?

Kentucky Nursing Laws require that all misdemeanor and felony convictions occurring in Kentucky or any other state must be reported. Federal and military convictions must also be reported to the Board.

Ø How do I know whether I've been convicted of a crime?

You have been convicted if you have pled guilty to, entered an Alford plea or Nolo Contendre plea, or were found guilty of a criminal offense in any court. You should contact the court to determine whether the conviction was a misdemeanor or a felony offense.

Ø Will my conviction make me ineligible for a nursing license?

Conviction of certain felonies within a 5-year period before the date of filing an application for licensure will cause a "Notice to Deny Licensure" to be issued to you. For a listing to those felonies, refer to Section 4 of the regulation on the reverse side.

Ø What is the "Notice to Deny Licensure"?

It is a formal notice issued by the Board to inform you that the Board intends to deny licensure to you because of your criminal conviction(s).

Ø If I receive a "Notice to Deny Licensure", what can I do?

You may request a formal hearing before a KBN panel. Your written request for hearing must be postmarked within 30 days of your receipt of the "Notice to Deny Licensure". At the end of the 30-day period, your application for licensure will automatically be denied if you did not request a hearing.

Ø What happens if I request a hearing?

You will be notified of the date, time, and location of the scheduled meeting of a Hearing Panel. You may bring legal counsel.

Ø What will the Hearing Panel do?

The Hearing Panel will consider your request for licensure. After hearing the evidence presented, the panel will make a recommendation to the Board regarding the approval or denial of your application for licensure.

Ø Will a denial of licensure be on my permanent nursing record?

Yes. Denial of licensure is a formal disciplinary action taken by the Board. The denial will be published in the Board's newsletter, the Communiqué and reported to the National Council of State Boards of Nursing's Disciplinary Data Bank.

Ø What if my felony is older than five(5) years? What if my misdemeanor or felony conviction is not specified in 201 KAR 20:370?

You must report the conviction to the Board office for review and consideration.

Ø I need to report my conviction(s) to the Board. What documents do I send to the Board office?

You must submit the following documents to the Board office:

· A personally written letter of explanation

· An official (certified) copy of the court record(s)

· Additional information as requested

Ø What additional information may be requested from me?

The most frequently requested information is proof of compliance with a court ordered alcohol education/ treatment program or of successful completion of a court ordered probation. The Board may also request that a letter of recommendation be sent.

Ø What is a letter of recommendation?

A letter of recommendation is a letter mailed directly to the Board from a faculty member of a nursing program or a nursing employer to tell why you should be considered for licensure.

Ø What if my charge was dismissed?

You are not required to report charges that have been dismissed by the court.

Ø Do I report convictions when I was a juvenile?

Juvenile convictions that occurred when you were under the age of 18 do not need to be reported unless you were convicted as an adult.

Ø Do I report the conviction if it has been expunged?

You do not need to report convictions that have been removed from your record as a result of a formal court ordered expungement. You must check with the court to make sure it was actually expunged before answering "NO" to the conviction question on your application.

Ø Do I report a conviction that has been appealed?

You should report the conviction to the Board and let the Board know that the case has been appealed.

Ø How long will the review process for a criminal conviction take?

It may take up to 3 or more months depending upon various factors, including the completeness of the information you submit about the conviction. The Board staff will contact you by mail if additional information is needed.

Your application fee is nonrefundable even if your application is denied. You may wish to consider delaying your NCLEX registration with the test service until you know the outcome of the Board criminal conviction review process.

Ø What is the Board's criminal conviction review process?

For criminal convictions that meet the criteria for the review process, a member of the Kentucky Board of Nursing will review the application and other information concerning your criminal conviction history. The Board member will consider the nature of the crime, the circumstances and length of time since the conviction occurred, and whether the conviction would have a bearing on your ability to practice nursing.

Ø How often does the review take place?

The review generally occurs only once a month.

Ø When will I be able to sit for the licensure examination?

You will not be issued a temporary work permit until the Board has made a final determination and all other requirements for the temporary work permit have been met. For examination applicants, permits are valid for only 6 months from the following month that the applicant completes the nursing program.

Ø When do I send the information to the Board?

The letter of explanation and certified copy of the court record must accompany your application for licensure.

Ø What is the letter of explanation?

A letter of explanation is a personally written summary of the events that led to your conviction. It gives you the opportunity to tell what happened, and to explain the circumstances that led to your conviction.

Ø Where do I get the certified copy of the court record?

You should contact the court clerk in the county where the conviction occurred to obtain a certified copy of the court record. (The court clerk must certify the copy for you.) The court record should verify the conviction, the date of the conviction, and the judgment entered against you.

Ø What if the court can't find a record of my conviction?

If a court record has been purged by the court due to a record retention schedule, you may submit a statement from the court to affirm that the physical record no longer exists. The statement from the court will be accepted in lieu of the court record. In addition, some police departments will provide a record of the arrest and disposition.

Ø When will I receive a temporary work permit?

Ø What determination will be made?

The Board member may approve your application for licensure, may request additional information from you, or refer the matter to the Board's Credentials Review Panel. Sometimes a personal interview with Board staff is required.

Ø What is the Credentials Review Panel?

It is a panel of three Board members that meet monthly. This panel reviews the submitted information and makes a determination to approve the application, request additional information, recommend terms for licensure, ore recommend that a hearing be held.

Ø Will I be notified of the result of the review?

Yes. You will receive written notification regarding the Board's determination.

Ø What if the Board previously reviewed my conviction?

You should attach a letter of explanation to the application to alert the Board staff about previous Board review, and to affirm that you have no additional criminal convictions to report.

? For additional information, contact the Board office at (502)329-7000, Ext. 229 or 227.