Volume 40 - Issue 52 - December 30, 2021

State of Kansas

Board of Nursing

Notice of Hearing on Proposed Administrative Regulations

A public hearing will be conducted from 10:00 a.m. to 11:30 a.m. March 11, 2022, in room 560 of the Landon State Office Building, 900 SW Jackson St., Topeka, KS 66612, to consider the adoption of proposed changes in two existing regulations relating to licensure of practical nurses, professional nurses, and licensure and educational requirements for advanced practice registered nurses. If the building is not open to the public at the time of the hearing or if any member of the public would prefer to attend electronically, there is an option to join via a toll-free conference call, 1-877-278-8686 (access code: 071067).

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to the hearing to Carol Moreland, Executive Administrator, Kansas State Board of Nursing, 900 SW Jackson St., Suite 1051, Topeka, KS 66612 or by email to carol.moreland@ks.gov. All interested parties will be given a reasonable opportunity to present their views orally regarding the adoption of the proposed regulations during the public hearing. Phone comments will be taken by calling 1-877-278-8686 (access code: 071067) at the time of the hearing. To provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes.

Any individual with a disability may request an accommodation to participate in the public hearing and may request the proposed regulations and economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Jill Simons at 785-296-5752. The north entrance to the Landon State Office Building is handicapped accessible. Handicapped parking is located at the north end of the Landon State Office Building, across the street from the north entrance to the building, and on Ninth Street, just around the corner from the north entrance to the building.

A summary of the proposed regulations and the economic impact follows. A copy of the proposed regulations and associated economic impact statement may be obtained by accessing the Kansas State Board of Nursing website at https://ksbn.kansas.gov or by contacting Carol Moreland, Executive Administrator of the Kansas State Board of Nursing, Landon State Office Building, 900 SW Jackson, St., Room 1051, Topeka, KS 66612, 785-296-5752, or carol.moreland@ks.gov prior to the date of the hearing.

K.A.R. 60-3-101 – Licensure. Language has been added stating each applicant for licensure by examination and endorsement shall be fingerprinted and submit to a state and national criminal history record check. The licensure examination fee shall be paid as directed by the national council of state boards of nursing. Within 180 days of receipt of the application, each applicant for licensure by examination and endorsement shall submit proof that all qualifications for licensure have been met. If the applicant does not meet this requirement, the application shall be deemed abandoned and closed. Verification of a current Kansas license shall be provided to other state boards upon the applicant’s request and payment of the fee prescribed by K.A.R. 60-4-101. When applying for licensure for endorsement pursuant to K.S.A. 48-3406, “active practice” shall mean that in a calendar year, the applicant worked for at least 1,000 hours in the “scope of practice” for which licensure is sought. “Similar scope of practice” shall mean the “practice of nursing” as defined in K.S.A. 65-1113 and amendments thereto. Each applicant for a temporary emergency license shall submit an application on a form adopted by the board to practice nursing during a state of emergency declared by the legislature and submit proof that either of the following qualifications for licensure has been met: (1) for licensure as a registered professional nurse: the applicant is currently licensed or has been licensed as a registered professional nurse by a state licensing board within the five years preceding the application date, passed a course in CPR for humans, has a current CPR certificate, and has the skills required to practice registered professional nursing during the state of emergency declared by the legislature, or (2) for licensure as a licensed practical nurse, the applicant is currently licensed or has been licensed as a licensed practical nurse by a state licensing board within the five years preceding the application date, passed a course in CPR for humans, has a current CPR certificate, and has the skills required to practice licensed practical nursing during the state of emergency declared by the legislature.

K.A.R. 60-11-103 – Licensure and educational requirements for advanced practice registered nurses. Each applicant for licensure as an advanced practice registered nurse shall be fingerprinted and submit to a state and national criminal history record check. Within 180 days after the board’s receipt of the application, the applicant shall submit proof that all qualifications for licensure, as specified in K.S.A. 65-1130 and K.S.A. 65-1131 and amendments thereto have been met. If the applicant does not meet these requirements, the application shall be deemed abandoned and closed. Verification of a current Kansas license shall be provided to other state boards upon the applicant’s request and payment of the fee prescribed by K.A.R. 60-4-101. The applicant seeking licensure for endorsement pursuant to K.S.A. 48-3406, and amendments thereto, shall demonstrate “similar scope of practice” as defined in K.S.A. 65-1130 and amendments thereto, K.A.R. 60-11-104, K.A.R. 60-11-104a, K.A.R. 60-11-105, and K.A.R. 60-11-106. “Active practice” shall mean that in a calendar year, the applicant worked for at least 1,000 hours in the scope of practice for which licensure is sought. Each applicant for a temporary emergency license shall submit an application on a form adopted by the board to practice advanced nursing during a state of emergency declared by the legislature and submit proof that either of the following qualifications for licensure has been met: (1) for licensure as a registered professional nurse, the applicant: is currently licensed or has been licensed as a registered professional nurse by a state licensing board within five years preceding the application date, or (2) for licensure as an advanced practice registered nurse, the applicant is currently licensed or has been licensed as an advanced practice registered nurse by a state licensing board within five years of the application date, passed a course in CPR for humans, has a current CPR certificate, and has the skills required to practice advanced practice nursing during the state of emergency declared by the legislature.

Economic Impact Overview. The proposed regulations could enhance business activities if a military service member, military spouse and an individual who has established or intends to establish residence in Kansas applies for a single state nursing license, as the single state license will be issued in an expedited manner and the nurse may start work earlier. The implementation cost to the Board of Nursing will be < $2,000 and there is no change in revenue for the Board of Nursing.

Carol Moreland, MSN, RN
Executive Administrator

Doc. No. 049680