2016 Kentucky Revised Statutes CHAPTER 314 - REGISTERED NURSES -- PRACTICAL NURSES .042 License to practice as an advanced practice registered nurse -- Application -- Renewal -- Reinstatement -- Use of "APRN" -- Prescriptive authority under CAPA-NS and CAPA-CS -- Exemption from CAPA-NS requirement.
Download as PDF
314.042 License to practice as an advanced practice registered nurse -- Application
-- Renewal -- Reinstatement -- Use of "APRN" -- Prescriptive authority under
CAPA-NS and CAPA-CS -- Exemption from CAPA-NS requirement.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
An applicant for licensure to practice as an advanced practice registered nurse shall
file with the board a written application for licensure and submit evidence, verified
by oath, that the applicant has completed an approved organized postbasic program
of study and clinical experience; is certified by a nationally established organization
or agency recognized by the board to certify registered nurses for advanced practice
registered nursing; and is able to understandably speak and write the English
language and to read the English language with comprehension.
The board may issue a license to practice advanced practice registered nursing to an
applicant who holds a current active registered nurse license issued by the board or
holds the privilege to practice as a registered nurse in this state and meets the
qualifications of subsection (1) of this section. An advanced practice registered
nurse shall be:
(a) Designated by the board as a certified registered nurse anesthetist, certified
nurse midwife, certified nurse practitioner, or clinical nurse specialist; and
(b) Certified in at least one (1) population focus.
The applicant for licensure or renewal thereof to practice as an advanced practice
registered nurse shall pay a fee to the board as set forth in regulation by the board.
An advanced practice registered nurse shall maintain a current active registered
nurse license issued by the board or hold the privilege to practice as a registered
nurse in this state and maintain current certification by the appropriate national
organization or agency recognized by the board.
Any person who holds a license to practice as an advanced practice registered nurse
in this state shall have the right to use the title "advanced practice registered nurse"
and the abbreviation "APRN." No other person shall assume the title or use the
abbreviation or any other words, letters, signs, or figures to indicate that the person
using the same is an advanced practice registered nurse. No person shall practice as
an advanced practice registered nurse unless licensed under this section.
Any person heretofore licensed as an advanced practice registered nurse under the
provisions of this chapter who has allowed the license to lapse may be reinstated on
payment of the current fee and by meeting the provisions of this chapter and
regulations promulgated by the board pursuant to the provisions of KRS Chapter
13A.
The board may authorize a person to practice as an advanced practice registered
nurse temporarily and pursuant to applicable regulations promulgated by the board
pursuant to the provisions of KRS Chapter 13A if the person is awaiting the results
of the national certifying examination for the first time or is awaiting licensure by
endorsement. A person awaiting the results of the national certifying examination
shall use the title "APRN Applicant" or "APRN App."
(a) Except as authorized by KRS 314.196 and subsection (9) of this section,
before an advanced practice registered nurse engages in the prescribing or
(b)
(c)
(d)
(e)
(f)
(g)
(9)
(a)
(b)
dispensing of nonscheduled legend drugs as authorized by KRS 314.011(8),
the advanced practice registered nurse shall enter into a written "Collaborative
Agreement for the Advanced Practice Registered Nurse's Prescriptive
Authority for Nonscheduled Legend Drugs" (CAPA-NS) with a physician
licensed in Kentucky that defines the scope of the prescriptive authority for
nonscheduled legend drugs.
The advanced practice registered nurse shall notify the Kentucky Board of
Nursing of the existence of the CAPA-NS and the name of the collaborating
physician and shall, upon request, furnish to the board or its staff a copy of the
completed CAPA-NS. The Kentucky Board of Nursing shall notify the
Kentucky Board of Medical Licensure that a CAPA-NS exists and furnish the
collaborating physician's name.
The CAPA-NS shall be in writing and signed by both the advanced practice
registered nurse and the collaborating physician. A copy of the completed
collaborative agreement shall be available at each site where the advanced
practice registered nurse is providing patient care.
The CAPA-NS shall describe the arrangement for collaboration and
communication between the advanced practice registered nurse and the
collaborating physician regarding the prescribing of nonscheduled legend
drugs by the advanced practice registered nurse.
The advanced practice registered nurse who is prescribing nonscheduled
legend drugs and the collaborating physician shall be qualified in the same or
a similar specialty.
The CAPA-NS is not intended to be a substitute for the exercise of
professional judgment by the advanced practice registered nurse or by the
collaborating physician.
The CAPA-NS shall be reviewed and signed by both the advanced practice
registered nurse and the collaborating physician and may be rescinded by
either party upon written notice via registered mail to the other party, the
Kentucky Board of Nursing, and the Kentucky Board of Medical Licensure.
Before an advanced practice registered nurse may discontinue or be exempt
from a CAPA-NS required under subsection (8) of this section, the advanced
practice registered nurse shall have completed four (4) years of prescribing as
a nurse practitioner, clinical nurse specialist, nurse midwife, or as a nurse
anesthetist. For nurse practitioners and clinical nurse specialists, the four (4)
years of prescribing shall be in a population focus of adult-gerontology,
pediatrics, neonatal, family, women's health, acute care, or psychiatric-mental
health.
After four (4) years of prescribing with a CAPA-NS in collaboration with a
physician:
1.
An advanced practice registered nurse whose license is in good standing
at that time with the Kentucky Board of Nursing and who will be
prescribing nonscheduled legend drugs without a CAPA-NS shall notify
(c)
(d)
(e)
(10) (a)
that board that the four (4) year requirement has been met and that he or
she will be prescribing nonscheduled legend drugs without a CAPA-NS;
2.
The advanced practice registered nurse will no longer be required to
maintain a CAPA-NS and shall not be compelled to maintain a CAPANS as a condition to prescribe after the four (4) years have expired, but
an advanced practice registered nurse may choose to maintain a CAPANS indefinitely after the four (4) years have expired; and
3.
If the advanced practice registered nurse's license is not in good
standing, the CAPA-NS requirement shall not be removed until the
license is restored to good standing.
An advanced practice registered nurse wishing to practice in Kentucky
through licensure by endorsement is exempt from the CAPA-NS requirement
if the advanced practice registered nurse:
1.
Has met the prescribing requirements in a state that grants independent
prescribing to advanced practice registered nurses; and
2.
Has been prescribing for at least four (4) years.
An advanced practice registered nurse wishing to practice in Kentucky
through licensure by endorsement who had a collaborative prescribing
agreement with a physician in another state for at least four (4) years is
exempt from the CAPA-NS requirement.
After July 15, 2014:
1.
An advanced practice registered nurse whose license is in good standing
at that time with the Kentucky Board of Nursing and who will be
prescribing nonscheduled legend drugs without a CAPA-NS shall notify
that board that the four (4) year requirement has been met and that he or
she will be prescribing nonscheduled legend drugs without a CAPA-NS;
2.
An advanced practice registered nurse who has maintained a CAPA-NS
for four (4) years or more will no longer be required to maintain a
CAPA-NS and shall not be compelled to maintain a CAPA-NS as a
condition to prescribe after the four (4) years have expired, but an
advanced practice registered nurse may choose to maintain a CAPA-NS
indefinitely after the four (4) years have expired; and
3.
An advanced practice registered nurse who has maintained a CAPA-NS
for less than four (4) years shall be required to continue to maintain a
CAPA-NS until the four (4) year period is completed, after which the
CAPA-NS will no longer be required.
Before an advanced practice registered nurse engages in the prescribing of
Schedules II through V controlled substances as authorized by KRS
314.011(8), the advanced practice registered nurse shall enter into a written
"Collaborative Agreement for the Advanced Practice Registered Nurse's
Prescriptive Authority for Controlled Substances" (CAPA-CS) with a
physician licensed in Kentucky that defines the scope of the prescriptive
authority for controlled substances.
(b)
The advanced practice registered nurse shall notify the Kentucky Board of
Nursing of the existence of the CAPA-CS and the name of the collaborating
physician and shall, upon request, furnish to the board or its staff a copy of the
completed CAPA-CS. The Kentucky Board of Nursing shall notify the
Kentucky Board of Medical Licensure that a CAPA-CS exists and furnish the
collaborating physician's name.
(c) The CAPA-CS shall be in writing and signed by both the advanced practice
registered nurse and the collaborating physician. A copy of the completed
collaborative agreement shall be available at each site where the advanced
practice registered nurse is providing patient care.
(d) The CAPA-CS shall describe the arrangement for collaboration and
communication between the advanced practice registered nurse and the
collaborating physician regarding the prescribing of controlled substances by
the advanced practice registered nurse.
(e) The advanced practice registered nurse who is prescribing controlled
substances and the collaborating physician shall be qualified in the same or a
similar specialty.
(f) The CAPA-CS is not intended to be a substitute for the exercise of
professional judgment by the advanced practice registered nurse or by the
collaborating physician.
(g) Before engaging in the prescribing of controlled substances, the advanced
practice registered nurse shall:
1.
Have been licensed to practice as an advanced practice registered nurse
for one (1) year with the Kentucky Board of Nursing; or
2.
Be nationally certified as an advanced practice registered nurse and be
registered, certified, or licensed in good standing as an advanced
practice registered nurse in another state for one (1) year prior to
applying for licensure by endorsement in Kentucky.
(h) Prior to prescribing controlled substances, the advanced practice registered
nurse shall obtain a Controlled Substance Registration Certificate through the
U.S. Drug Enforcement Agency.
(i) The CAPA-CS shall be reviewed and signed by both the advanced practice
registered nurse and the collaborating physician and may be rescinded by
either party upon written notice via registered mail to the other party, the
Kentucky Board of Nursing, and the Kentucky Board of Medical Licensure.
(j) The CAPA-CS shall state the limits on controlled substances which may be
prescribed by the advanced practice registered nurse, as agreed to by the
advanced practice registered nurse and the collaborating physician. The limits
so imposed may be more stringent than either the schedule limits on
controlled substances established in KRS 314.011(8) or the limits imposed in
regulations promulgated by the Kentucky Board of Nursing thereunder.
(11) Nothing in this chapter shall be construed as requiring an advanced practice
registered nurse designated by the board as a certified nurse anesthetist to enter into
a collaborative agreement with a physician, pursuant to this chapter or any other
provision of law, in order to deliver anesthesia care.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 113, sec. 14, effective June 24, 2015; and ch.
117, sec. 12, effective June 24, 2015. -- Amended 2014 Ky. Acts ch. 2, sec. 2,
effective July 15, 2014. -- Amended 2010 Ky. Acts ch. 85, sec. 53, effective July 15,
2010. -- Amended 2008 Ky. Acts ch. 99, sec. 2, effective July 15, 2008. -- Amended
2006 Ky. Acts ch. 5, sec. 2, effective July 12, 2006; and ch. 86, sec. 5, effective June
1, 2007. -- Amended 2000 Ky. Acts ch. 391, sec. 10, effective July 14, 2000. -Amended 1996 Ky. Acts ch. 342, sec. 2, effective July 15, 1996. -- Amended 1994
Ky. Acts ch. 367, sec. 7, effective July 15, 1994. -- Amended 1992 Ky. Acts ch. 128,
sec. 6, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 443, sec. 21, effective
July 13, 1990. -- Created 1982 Ky. Acts ch. 408, sec. 5, effective July 15, 1982.
Legislative Research Commission Note (6/24/2015). This statute was amended by 2015
Ky. Acts chs. 113 and 117, which do not appear to be in conflict and have been
codified together.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.