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314.011 Definitions for chapter.
As used in this chapter, unless the context thereof requires otherwise:
(1) "Board" means Kentucky Board of Nursing;
(2) "Delegation" means directing a competent person to perform a selected
nursing activity or task in a selected situation under the nurse's supervision and
pursuant to administrative regulations promulgated by the board in accordance
with the provisions of KRS Chapter 13A;
(3) "Nurse" means a person who is licensed or holds the privilege to practice
under the provisions of this chapter as a registered nurse or as a licensed
practical nurse;
(4) "Nursing process" means the investigative approach to nursing practice
utilizing a method of problem-solving by means of:
(a) Nursing diagnosis, a systematic investigation of a health concern, and an
analysis of the data collected in order to arrive at an identifiable problem;
and
(b) Planning, implementation, and evaluation based on nationally accepted
standards of nursing practice;
(5) "Registered nurse" means one who is licensed or holds the privilege under the
provisions of this chapter to engage in registered nursing practice;
(6) "Registered nursing practice" means the performance of acts requiring
substantial specialized knowledge, judgment, and nursing skill based upon the
principles of psychological, biological, physical, and social sciences in the
application of the nursing process in:
(a) The care, counsel, and health teaching of the ill, injured, or infirm;
(b) The maintenance of health or prevention of illness of others;
(c) The administration of medication and treatment as prescribed by a
physician, physician assistant, dentist, or advanced practice registered
nurse and as further authorized or limited by the board, and which are
consistent either with American Nurses' Association Standards of Practice
or with Standards of Practice established by nationally accepted
organizations of registered nurses. Components of medication
administration include but are not limited to:
1.
Preparing and giving medications in the prescribed dosage, route,
and frequency, including dispensing medications only as defined in
subsection (17)(b) of this section;
2.
Observing, recording, and reporting desired effects, untoward
reactions, and side effects of drug therapy;
3.
Intervening when emergency care is required as a result of drug
therapy;
4.
Recognizing accepted prescribing limits and reporting deviations to
the prescribing individual;
5.
Recognizing drug incompatibilities and reporting interactions or
potential interactions to the prescribing individual; and
6.
Instructing an individual regarding medications;
(d)
(7)
(8)
The supervision, teaching of, and delegation to other personnel in the
performance of activities relating to nursing care; and
(e) The performance of other nursing acts which are authorized or limited by
the board, and which are consistent either with American Nurses'
Association Standards of Practice or with Standards of Practice
established by nationally accepted organizations of registered nurses;
"Advanced practice registered nurse" means a certified nurse practitioner,
certified nurse anesthetist, certified nurse midwife, or clinical nurse specialist,
who is licensed to engage in advance practice registered nursing pursuant to
KRS 314.042 and certified in at least one (1) population focus;
"Advanced practice registered nursing" means the performance of additional
acts by registered nurses who have gained added knowledge and skills
through an approved organized postbasic program of study and clinical
experience; who are certified by the American Nurses' Association or other
nationally established organizations or agencies recognized by the board to
certify registered nurses for advanced practice registered nursing as a certified
nurse practitioner, certified nurse anesthetist, certified nurse midwife, or clinical
nurse specialist; and who certified in at least one (1) population focus. The
additional acts shall, subject to approval of the board, include but not be limited
to prescribing treatment, drugs, devices, and ordering diagnostic tests.
Advanced practice registered nurses who engage in these additional acts shall
be authorized to issue prescriptions for and dispense nonscheduled legend
drugs as defined in KRS 217.905 and to issue prescriptions for but not to
dispense Schedules II through V controlled substances as classified in KRS
218A.060, 218A.070, 218A.080, 218A.090, 218A.100, 218A.110, 218A.120,
and 218A.130, under the conditions set forth in KRS 314.042 and regulations
promulgated by the Kentucky Board of Nursing on or before August 15, 2006.
(a) Prescriptions issued by advanced practice registered nurses for Schedule
II controlled substances classified under KRS 218A.060 shall be limited to
a seventy-two (72) hour supply without any refill. Prescriptions issued
under this subsection for psychostimulants may be written for a thirty (30)
day supply only by an advanced practice registered nurse certified in
psychiatric-mental health nursing who is providing services in a health
facility as defined in KRS Chapter 216B or in a regional services program
for mental health or individuals with an intellectual disability as defined in
KRS Chapter 210.
(b) Prescriptions issued by advanced practice registered nurses for Schedule
III controlled substances classified under KRS 218A.080 shall be limited
to a thirty (30) day supply without any refill. Prescriptions issued by
advanced practice registered nurses for Schedules IV and V controlled
substances classified under KRS 218A.100 and 218A.120 shall be limited
to the original prescription and refills not to exceed a six (6) month supply.
(c) Limitations for specific controlled substances which are identified as
having the greatest potential for abuse or diversion, based on the best
available scientific and law enforcement evidence, shall be established in
an administrative regulation promulgated by the Kentucky Board of
Nursing. The regulation shall be based on recommendations from the
(9)
(10)
(11)
(12)
(13)
(14)
Controlled Substances Formulary Development Committee, which is
hereby created. The committee shall be composed of two (2) advanced
practice registered nurses appointed by the Kentucky Board of Nursing,
one (1) of whom shall be designated as a committee co-chair; two (2)
physicians appointed by the Kentucky Board of Medical Licensure, one
(1) of whom shall be designated as a committee co-chair; and one (1)
pharmacist appointed by the Kentucky Board of Pharmacy. The initial
regulation shall be promulgated on or before August 15, 2006, and shall
be reviewed at least annually thereafter by the committee.
Nothing in this chapter shall be construed as requiring an advanced practice
registered nurse designated by the board as a certified nurse anesthetist to
obtain prescriptive authority pursuant to this chapter or any other provision of
law in order to deliver anesthesia care. The performance of these additional
acts shall be consistent with the certifying organization or agencies' scopes and
standards of practice recognized by the board by administrative regulation;
"Licensed practical nurse" means one who is licensed or holds the privilege
under the provisions of this chapter to engage in licensed practical nursing
practice;
"Licensed practical nursing practice" means the performance of acts requiring
knowledge and skill such as are taught or acquired in approved schools for
practical nursing in:
(a) The observing and caring for the ill, injured, or infirm under the direction
of a registered nurse, a licensed physician, or dentist;
(b) The giving of counsel and applying procedures to safeguard life and
health, as defined and authorized by the board;
(c) The administration of medication or treatment as authorized by a
physician, physician assistant, dentist, or advanced practice registered
nurse and as further authorized or limited by the board which is consistent
with the National Federation of Licensed Practical Nurses or with
Standards of Practice established by nationally accepted organizations of
licensed practical nurses;
(d) Teaching, supervising, and delegating except as limited by the board; and
(e) The performance of other nursing acts which are authorized or limited by
the board and which are consistent with the National Federation of
Practical Nurses' Standards of Practice or with Standards of Practice
established by nationally accepted organizations of licensed practical
nurses;
"School of nursing" means a nursing education program preparing persons for
licensure as a registered nurse or a practical nurse;
"Continuing education" means offerings beyond the basic nursing program that
present specific content planned and evaluated to meet competency based
behavioral objectives which develop new skills and upgrade knowledge;
"Nursing assistance" means the performance of delegated nursing acts by
unlicensed nursing personnel for compensation under supervision of a nurse;
"Sexual assault nurse examiner" means a registered nurse who has completed
the required education and clinical experience and maintains a current
(15)
(16)
(17)
(18)
(19)
(20)
(21)
credential from the board as provided under KRS 314.142 to conduct forensic
examinations of victims of sexual offenses under the medical protocol issued
by the Justice and Public Safety Cabinet in consultation with the Sexual
Assault Response Team Advisory Committee pursuant to KRS 216B.400(4);
"Competency" means the application of knowledge and skills in the utilization
of critical thinking, effective communication, interventions, and caring behaviors
consistent with the nurse's practice role within the context of the public's health,
safety, and welfare;
"Credential" means a current license, registration, certificate, or other similar
authorization that is issued by the board;
"Dispense" means:
(a) To receive and distribute noncontrolled legend drug samples from
pharmaceutical manufacturers to patients at no charge to the patient or
any other party; or
(b) To distribute noncontrolled legend drugs from a local, district, and
independent health department, subject to the direction of the appropriate
governing board of the individual health department;
"Dialysis care" means a process by which dissolved substances are removed
from a patient's body by diffusion, osmosis, and convection from one (1) fluid
compartment to another across a semipermeable membrane;
"Dialysis technician" means a person who is not a nurse, a physician assistant,
or a physician and who provides dialysis care in a licensed renal dialysis facility
under the direct, on-site supervision of a registered nurse or a physician;
"Population focus" means the section of the population within which the
advanced practice registered nurse has targeted to practice. The categories of
population foci are:
(a) Family or individual across the lifespan;
(b) Adult health and gerontology;
(c) Neonatology;
(d) Pediatrics;
(e) Women's health and gender-related health; and
(f) Psychiatric mental health; and
"Conviction" means but is not limited to:
(a) An unvacated adjudication of guilt;
(b) Pleading no contest or nolo contendere or entering an Alford plea; or
(c) Entering a guilty plea pursuant to a pretrial diversion order;
Regardless of whether the penalty is rebated, suspended, or probated.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 112, effective July 12, 2012. -Amended 2011 Ky. Acts ch. 35, sec. 1, effective June 8, 2011. -- Amended 2010
Ky. Acts ch. 85, sec. 52, effective July 15, 2010; and ch. 101, sec. 2, effective
July 15, 2010. -- Amended 2007 Ky. Acts ch. 85, sec. 296, effective June 26,
2007. -- Amended 2006 Ky. Acts ch. 86, sec. 2, effective June 1, 2007; and
ch. 5, sec. 1, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 55, sec. 1,
effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 20, sec.
2 effective July 15, 2002; and ch. 80, sec. 8, effective July 15, 2002. -- Amended
2001 Ky. Acts ch. 144, sec. 1, effective June 21, 2001. -- Amended 2000 Ky.
Acts ch. 142, sec. 7, effective July 14, 2000; and ch. 391, sec. 6, effective July
14, 2000. -- Amended 1998 Ky. Acts ch. 228, sec. 5, effective July 15, 1998. -Amended 1996 Ky. Acts ch. 260, sec. 3, effective July 15, 1996; and ch. 342,
sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 367, sec. 1,
effective July 15, 1994. Amended 1992 Ky. Acts ch. 128, sec. 1, effective July
14, 1992. -- Amended 1982 Ky. Acts ch. 408, sec. 1, effective July 15, 1982.
--Amended 1978 Ky. Acts ch. 168, sec. 1, effective June 17, 1978. -- Created
1966 Ky. Acts ch. 20, sec. 2.
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