Notice Regarding Rescission of Emergency Measures

On March 5, 2021, COVID-19 emergency measures related to fingerprint-driven criminal background checks, NCLEX, and continuing education requirements for reinstatement applicants were lifted by the Kentucky Board of Nursing, which reinstates pre-COVID-19 regulatory requirements.


Senate Bill 150 §13 (2020) and multiple Executive Orders of Governor Andy Beshear authorized the Kentucky Board of Nursing to modify statutory and regulatory provisions to eliminate barriers to licensure caused by social distancing requirements and to ensure the continuation of Board support of Life-Sustaining Businesses. Consistent with this authority, the Kentucky Board of Nursing temporarily modified numerous regulations within 201 KAR Chapter 20 for the primary purpose of allowing an expeditious pathway to temporary licensure notwithstanding delays in obtaining fingerprint-driven criminal background reports and with regard to the NCLEX examination. As delays associated with fingerprint-driven criminal background checks and the NCLEX examination have been largely eliminated, on February 18, 2021, KBN decided to seek to rescind the COVID-19 emergency measures listed below. This action took effect on March 5, 2021, after being approved by the Secretary of the Governor’s Executive Cabinet.


Implementation Timeline for Rescission of KBN Emergency Measures

Effective March 5, 2021, no new applications for initial licensure, endorsement, or reinstatement will be processed under the emergency procedures. In addition, applicants who had applications filed and pending on March 5, 2021, but which have not yet processed, will be notified by email of the requirements to be met. Those licensees who obtained licensure under the emergency procedures, but who have not completed a fingerprint-driven criminal background check, or the NCLEX examination, will be required to satisfy those licensure requirements prior to the expiration of their license, provisional license, or temporary work permit, as follows. On or before March 15, 2021, Board staff will notify all provisional or temporary license holders by email of the withdrawal of the emergency modifications to 201 KAR 20:056, 201 KAR 20:070, 201 KAR 20:110, 201 KAR 20:225, 201 KAR 20:470, and 201 KAR 20:620, the corresponding reinstatement of NCLEX and fingerprint-driven criminal background check requirements, and the date that their license, provisional license, or temporary work permit will expire if those requirements are not met. It is noted that provisional and temporary licenses expire on varying dates; more specifically, a date six (6) months after the provisional license/temporary work permit was issued or renewed, whichever occurred later. Beginning on April 5, 2021, all provisional license and temporary work permit expiration dates will be binding, and all applicants for reinstatement will be required to satisfy continuing competency requirements.


201 KAR 20:056 – APRN Licensure

201 KAR 20:056 – Advanced practice registered nurse licensure and certification requirements. This regulation was modified by memorandum on April 17, 2020, to temporarily remove fingerprint-driven criminal background check requirements for APRN licensure. Beginning on March 5, 2021, no new applications for initial licensure, endorsement, reinstatement or renewal will be processed under the emergency procedures. In order to be eligible for renewal in 2021, and to avoid a period of lapsed licensure, APRNs who obtained licensure without completing a fingerprint-driven criminal background check will be required to do so. In addition, failure or refusal to follow fingerprinting requirements may result in disciplinary proceedings.


201 KAR 20:070 – RN and LPN Licensure by Examination

201 KAR 20:070 – Licensure by examination. This regulation was modified by memorandum on March 27, 2020, to temporarily remove fingerprint-driven criminal background check requirements for RN and LPN NCLEX exam applicants, and to extend the period of provisional licensure. Beginning on March 5, 2021, no new applications for initial licensure will be processed under the emergency procedures. To avoid a period of lapsed licensure, RNs and LPNs who obtained a provisional license without completing a fingerprint-driven criminal background check will be required to do so prior to the expiration of the provisional license.


201 KAR 20:110 – RN and LPN Licensure by Endorsement

201 KAR 20:110 – Licensure by endorsement. This regulation was modified by memorandum on March 27, 2020, to temporarily remove fingerprint-driven criminal background check requirements for RN and LPN endorsement applicants. Beginning on March 5, 2021, no new applications for endorsement will be processed under the emergency procedures. To avoid a period of lapsed licensure, RNs and LPNs who obtained a temporary work permit without completing a fingerprint-driven criminal background check will be required to do so prior to the expiration of the temporary work permit.


201 KAR 20:225 – RN, LPN and APRN Licensure by Reinstatement

201 KAR 20:225 – Reinstatement of license. This regulation was modified by memorandum on August 26, 2020, to temporarily allow for licensure of reinstatement applicants who have not completed a fingerprint driven criminal background check, and to temporarily remove continuing competency requirements applicable to reinstatement applicants who are not subject to a disciplinary action. Beginning on March 5, 2021, no new applications for reinstatement will be processed under the emergency procedures. To avoid a period of lapsed licensure, RNs, LPNs and ARPNs who obtained a temporary work permit without completing a fingerprint-driven criminal background check will be required to do so prior to the expiration of the temporary work permit.


201 KAR 20:470 – DT Licensure

201 KAR 20:470 – Dialysis Technician credentialing requirements and training program standards. This regulation was modified by memorandum on August 26, 2020, to allow for the issuance of temporary work permits to dialysis technician reinstatement applicants who have not completed a fingerprint driven criminal background check. Beginning on March 5, 2021, no new applications for reinstatement will be processed under the emergency procedures. To avoid a period of lapsed licensure, DTs who obtained a temporary work permit without completing a fingerprint-driven criminal background check will be required to do so prior to the expiration of the temporary work permit.


201 KAR 20:620 – LCPM Licensure

201 KAR 20:620 – Licensing requirements for licensed certified professional midwives. This regulation was modified by memorandum on August 26, 2020 to provide a path to licensure for LCPM applicants who cannot obtain timely fingerprint-driven criminal background reports due to COVID-19 social distancing requirements. Beginning on March 5, 2021, no new applications for initial LCPM licensure or reinstatement will be processed under the emergency procedures. To avoid a period of lapsed licensure, LCPMs who obtained a temporary work permit without completing a fingerprint-driven criminal background check will be required to do so prior to the expiration of the temporary work permit.


Letter to Gov. Beshear
Memo
MGR 03/08/2021 (updated each month) ​​​​​