Nurse Practitioner in Kentucky Elevator Speech about a health policy issue
MSNNursing2020
HB286billintroduction.pdf
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AN ACT relating to the prescriptive authority of advanced practice registered 1
nurses. 2
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 3
Section 1. KRS 314.011 is amended to read as follows: 4
As used in this chapter, unless the context thereof requires otherwise: 5
(1) "Board" means Kentucky Board of Nursing; 6
(2) "Delegation" means directing a competent person to perform a selected nursing 7
activity or task in a selected situation under the nurse's supervision and pursuant to 8
administrative regulations promulgated by the board in accordance with the 9
provisions of KRS Chapter 13A; 10
(3) "Nurse" means a person who is licensed or holds the privilege to practice under the 11
provisions of this chapter as a registered nurse or as a licensed practical nurse; 12
(4) "Nursing process" means the investigative approach to nursing practice utilizing a 13
method of problem-solving by means of: 14
(a) Nursing diagnosis, a systematic investigation of a health concern, and an 15
analysis of the data collected in order to arrive at an identifiable problem; and 16
(b) Planning, implementation, and evaluation based on nationally accepted 17
standards of nursing practice; 18
(5) "Registered nurse" means one who is licensed or holds the privilege under the 19
provisions of this chapter to engage in registered nursing practice; 20
(6) "Registered nursing practice" means the performance of acts requiring substantial 21
specialized knowledge, judgment, and nursing skill based upon the principles of 22
psychological, biological, physical, and social sciences in the application of the 23
nursing process in: 24
(a) The care, counsel, and health teaching of the ill, injured, or infirm; 25
(b) The maintenance of health or prevention of illness of others; 26
(c) The administration of medication and treatment as prescribed by a physician, 27
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physician assistant, dentist, or advanced practice registered nurse and as 1
further authorized or limited by the board, and which are consistent either 2
with American Nurses' Association Scope and Standards of Practice or with 3
standards of practice established by nationally accepted organizations of 4
registered nurses. Components of medication administration include but are 5
not limited to: 6
1. Preparing and giving medications in the prescribed dosage, route, and 7
frequency, including dispensing medications only as defined in 8
subsection (17)(b) of this section; 9
2. Observing, recording, and reporting desired effects, untoward reactions, 10
and side effects of drug therapy; 11
3. Intervening when emergency care is required as a result of drug therapy; 12
4. Recognizing accepted prescribing limits and reporting deviations to the 13
prescribing individual; 14
5. Recognizing drug incompatibilities and reporting interactions or 15
potential interactions to the prescribing individual; and 16
6. Instructing an individual regarding medications; 17
(d) The supervision, teaching of, and delegation to other personnel in the 18
performance of activities relating to nursing care; and 19
(e) The performance of other nursing acts which are authorized or limited by the 20
board, and which are consistent either with American Nurses' Association 21
Standards of Practice or with Standards of Practice established by nationally 22
accepted organizations of registered nurses; 23
(7) "Advanced practice registered nurse" or "APRN" means a certified nurse 24
practitioner, certified registered nurse anesthetist, certified nurse midwife, or 25
clinical nurse specialist, who is licensed to engage in advance practice registered 26
nursing pursuant to KRS 314.042 and certified in at least one (1) population focus; 27
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(8) "Advanced practice registered nursing" means the performance of additional acts by 1
registered nurses who have gained advanced clinical knowledge and skills through 2
an accredited education program that prepares the registered nurse for one (1) of the 3
four (4) APRN roles; who are certified by the American Nurses' Association or 4
other nationally established organizations or agencies recognized by the board to 5
certify registered nurses for advanced practice registered nursing as a certified nurse 6
practitioner, certified registered nurse anesthetist, certified nurse midwife, or 7
clinical nurse specialist; and who certified in at least one (1) population focus. The 8
additional acts shall, subject to approval of the board, include but not be limited to 9
prescribing treatment, drugs, devices, and ordering diagnostic tests. Advanced 10
practice registered nurses who engage in these additional acts shall be authorized to 11
issue prescriptions for and dispense nonscheduled legend drugs as defined in KRS 12
217.905 and to issue prescriptions for but not to dispense Schedules II through V 13
controlled substances described in or as classified pursuant to KRS 218A.020, 14
218A.060, 218A.080, 218A.100, and 218A.120 under the conditions set forth in 15
KRS 314.042 and regulations promulgated by the Kentucky Board of Nursing on or 16
before August 15, 2006. 17
(a) 1. Prescriptions issued by advanced practice registered nurses for Schedule 18
II controlled substances classified under KRS 218A.060, except 19
hydrocodone combination products as defined in KRS 218A.010, shall 20
be limited to a seventy-two (72) hour supply without any refill. 21
2. Prescriptions issued by advanced practice registered nurses for 22
hydrocodone combination products as defined in KRS 218A.010 shall 23
be limited to a thirty (30) day supply without any refill. 24
3. Prescriptions issued under this subsection for psychostimulants may be 25
written for a thirty (30) day supply with up to two (2) sequential refills 26
only by an advanced practice registered nurse certified in psychiatric-27
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mental health nursing who is providing services in a health facility as 1
defined in KRS Chapter 216B or in a regional services program for 2
mental health or individuals with an intellectual disability as defined in 3
KRS Chapter 210. 4
(b) Prescriptions issued by advanced practice registered nurses for Schedule III 5
controlled substances classified under KRS 218A.080 shall be limited to a 6
thirty (30) day supply without any refill. Prescriptions issued by advanced 7
practice registered nurses for Schedules IV and V controlled substances 8
classified under KRS 218A.100 and 218A.120 shall be limited to the original 9
prescription and refills not to exceed a six (6) month supply. 10
Nothing in this chapter shall be construed as requiring an advanced practice 11
registered nurse designated by the board as a certified registered nurse anesthetist to 12
obtain prescriptive authority pursuant to this chapter or any other provision of law 13
in order to deliver anesthesia care. The performance of these additional acts shall be 14
consistent with the certifying organization or agencies' scopes and standards of 15
practice recognized by the board by administrative regulation; 16
(9) "Licensed practical nurse" means one who is licensed or holds the privilege under 17
the provisions of this chapter to engage in licensed practical nursing practice; 18
(10) "Licensed practical nursing practice" means the performance of acts requiring 19
knowledge and skill such as are taught or acquired in approved schools for practical 20
nursing in: 21
(a) The observing and caring for the ill, injured, or infirm under the direction of a 22
registered nurse, advanced practice registered nurse, physician assistant, 23
licensed physician, or dentist; 24
(b) The giving of counsel and applying procedures to safeguard life and health, as 25
defined and authorized by the board; 26
(c) The administration of medication or treatment as authorized by a physician, 27
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physician assistant, dentist, or advanced practice registered nurse and as 1
further authorized or limited by the board which is consistent with the 2
National Federation of Licensed Practical Nurses or with Standards of 3
Practice established by nationally accepted organizations of licensed practical 4
nurses; 5
(d) Teaching, supervising, and delegating except as limited by the board; and 6
(e) The performance of other nursing acts which are authorized or limited by the 7
board and which are consistent with the National Federation of Practical 8
Nurses' Standards of Practice or with Standards of Practice established by 9
nationally accepted organizations of licensed practical nurses; 10
(11) "School of nursing" means a nursing education program preparing persons for 11
licensure as a registered nurse or a practical nurse; 12
(12) "Continuing education" means offerings beyond the basic nursing program that 13
present specific content planned and evaluated to meet competency based 14
behavioral objectives which develop new skills and upgrade knowledge; 15
(13) "Nursing assistance" means the performance of delegated nursing acts by unlicensed 16
nursing personnel for compensation under supervision of a nurse; 17
(14) "Sexual assault nurse examiner" means a registered nurse who has completed the 18
required education and clinical experience and maintains a current credential from 19
the board as provided under KRS 314.142 to conduct forensic examinations of 20
victims of sexual offenses under the medical protocol issued by the Justice and 21
Public Safety Cabinet in consultation with the Sexual Assault Response Team 22
Advisory Committee pursuant to KRS 216B.400(4); 23
(15) "Competency" means the application of knowledge and skills in the utilization of 24
critical thinking, effective communication, interventions, and caring behaviors 25
consistent with the nurse's practice role within the context of the public's health, 26
safety, and welfare; 27
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(16) "Credential" means a current license, registration, certificate, or other similar 1
authorization that is issued by the board; 2
(17) "Dispense" means: 3
(a) To receive and distribute nonscheduled legend drug samples from 4
pharmaceutical manufacturers to patients at no charge to the patient or any 5
other party; or 6
(b) To distribute nonscheduled legend drugs from a local, district, and 7
independent health department, subject to the direction of the appropriate 8
governing board of the individual health department; 9
(18) "Dialysis care" means a process by which dissolved substances are removed from a 10
patient's body by diffusion, osmosis, and convection from one (1) fluid 11
compartment to another across a semipermeable membrane; 12
(19) "Dialysis technician" means a person who is not a nurse, a physician assistant, or a 13
physician and who provides dialysis care in a licensed renal dialysis facility under 14
the direct, on-site supervision of a registered nurse or a physician; 15
(20) "Population focus" means the section of the population within which the advanced 16
practice registered nurse has targeted to practice. The categories of population foci 17
are: 18
(a) Family and individual across the lifespan; 19
(b) Adult gerontology; 20
(c) Neonatal; 21
(d) Pediatrics; 22
(e) Women's health and gender-related health; and 23
(f) Psychiatric mental health; and 24
(21) "Conviction" means but is not limited to: 25
(a) An unvacated adjudication of guilt; 26
(b) Pleading no contest or nolo contendere or entering an Alford plea; or 27
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(c) Entering a guilty plea pursuant to a pretrial diversion order; 1
Regardless of whether the penalty is rebated, suspended, or probated. 2
Section 2. KRS 314.042 is amended to read as follows: 3
(1) An applicant for licensure to practice as an advanced practice registered nurse shall 4
file with the board a written application for licensure and submit evidence, verified 5
by oath, that the applicant: 6
(a) Has completed an education program that prepares the registered nurse for one 7
(1) of four (4) APRN roles that has been accredited by a national nursing 8
accrediting body recognized by the United States Department of Education; 9
(b) Is certified by a nationally established organization or agency recognized by 10
the board to certify registered nurses for advanced practice registered nursing; 11
(c) Is able to understandably speak and write the English language and to read the 12
English language with comprehension; and 13
(d) Has passed the jurisprudence examination approved by the board as provided 14
in subsection (12) of this section. 15
(2) The board may issue a license to practice advanced practice registered nursing to an 16
applicant who holds a current active registered nurse license issued by the board or 17
holds the privilege to practice as a registered nurse in this state and meets the 18
qualifications of subsection (1) of this section. An advanced practice registered 19
nurse shall be: 20
(a) Designated by the board as a certified registered nurse anesthetist, certified 21
nurse midwife, certified nurse practitioner, or clinical nurse specialist; and 22
(b) Certified in at least one (1) population focus. 23
(3) The applicant for licensure or renewal thereof to practice as an advanced practice 24
registered nurse shall pay a fee to the board as set forth in regulation by the board. 25
(4) An advanced practice registered nurse shall maintain a current active registered 26
nurse license issued by the board or hold the privilege to practice as a registered 27
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nurse in this state and maintain current certification by the appropriate national 1
organization or agency recognized by the board. 2
(5) Any person who holds a license to practice as an advanced practice registered nurse 3
in this state shall have the right to use the title "advanced practice registered nurse" 4
and the abbreviation "APRN." No other person shall assume the title or use the 5
abbreviation or any other words, letters, signs, or figures to indicate that the person 6
using the same is an advanced practice registered nurse. No person shall practice as 7
an advanced practice registered nurse unless licensed under this section. 8
(6) Any person heretofore licensed as an advanced practice registered nurse under the 9
provisions of this chapter who has allowed the license to lapse may be reinstated on 10
payment of the current fee and by meeting the provisions of this chapter and 11
regulations promulgated by the board pursuant to the provisions of KRS Chapter 12
13A. 13
(7) The board may authorize a person to practice as an advanced practice registered 14
nurse temporarily and pursuant to applicable regulations promulgated by the board 15
pursuant to the provisions of KRS Chapter 13A if the person is awaiting the results 16
of the national certifying examination for the first time or is awaiting licensure by 17
endorsement. A person awaiting the results of the national certifying examination 18
shall use the title "APRN Applicant" or "APRN App." 19
(8) (a) Except as authorized by KRS 314.196 and subsection (9) of this section, 20
before an advanced practice registered nurse engages in the prescribing or 21
dispensing of nonscheduled legend drugs as authorized by KRS 314.011(8), 22
the advanced practice registered nurse shall enter into a written "Collaborative 23
Agreement for the Advanced Practice Registered Nurse's Prescriptive 24
Authority for Nonscheduled Legend Drugs" (CAPA-NS) with a physician 25
licensed in Kentucky that defines the scope of the prescriptive authority for 26
nonscheduled legend drugs. 27
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(b) The advanced practice registered nurse shall notify the Kentucky Board of 1
Nursing of the existence of the CAPA-NS and the name of the collaborating 2
physician and shall, upon request, furnish to the board or its staff a copy of the 3
completed CAPA-NS. The Kentucky Board of Nursing shall notify the 4
Kentucky Board of Medical Licensure that a CAPA-NS exists and furnish the 5
collaborating physician's name. 6
(c) The CAPA-NS shall be in writing and signed by both the advanced practice 7
registered nurse and the collaborating physician. A copy of the completed 8
collaborative agreement shall be available at each site where the advanced 9
practice registered nurse is providing patient care. 10
(d) The CAPA-NS shall describe the arrangement for collaboration and 11
communication between the advanced practice registered nurse and the 12
collaborating physician regarding the prescribing of nonscheduled legend 13
drugs by the advanced practice registered nurse. 14
(e) The advanced practice registered nurse who is prescribing nonscheduled 15
legend drugs and the collaborating physician shall be qualified in the same or 16
a similar specialty. 17
(f) The CAPA-NS is not intended to be a substitute for the exercise of 18
professional judgment by the advanced practice registered nurse or by the 19
collaborating physician. 20
(g) The CAPA-NS shall be reviewed and signed by both the advanced practice 21
registered nurse and the collaborating physician and may be rescinded by 22
either party upon written notice via registered mail to the other party, the 23
Kentucky Board of Nursing, and the Kentucky Board of Medical Licensure. 24
(9) (a) Before an advanced practice registered nurse may discontinue or be exempt 25
from a CAPA-NS required under subsection (8) of this section, the advanced 26
practice registered nurse shall have completed four (4) years of prescribing as 27
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a certified nurse practitioner, clinical nurse specialist, certified nurse midwife, 1
or as a certified registered nurse anesthetist. For certified nurse practitioners 2
and clinical nurse specialists, the four (4) years of prescribing shall be in a 3
population focus as defined in KRS 314.011. 4
(b) After four (4) years of prescribing with a CAPA-NS in collaboration with a 5
physician: 6
1. An advanced practice registered nurse whose license is in good standing 7
at that time with the Kentucky Board of Nursing and who will be 8
prescribing nonscheduled legend drugs without a CAPA-NS shall notify 9
that board that the four (4) year requirement has been met and that he or 10
she will be prescribing nonscheduled legend drugs without a CAPA-NS; 11
2. The advanced practice registered nurse will no longer be required to 12
maintain a CAPA-NS and shall not be compelled to maintain a CAPA-13
NS as a condition to prescribe after the four (4) years have expired, but 14
an advanced practice registered nurse may choose to maintain a CAPA-15
NS indefinitely after the four (4) years have expired; and 16
3. If the advanced practice registered nurse's license is not in good 17
standing, the CAPA-NS requirement shall not be removed until the 18
license is restored to good standing. 19
(c) An advanced practice registered nurse wishing to practice in Kentucky 20
through licensure by endorsement is exempt from the CAPA-NS requirement 21
if the advanced practice registered nurse: 22
1. Has met the prescribing requirements in a state that grants independent 23
prescribing to advanced practice registered nurses; and 24
2. Has been prescribing for at least four (4) years. 25
(d) An advanced practice registered nurse wishing to practice in Kentucky 26
through licensure by endorsement who had a collaborative prescribing 27
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agreement with a physician in another state for at least four (4) years is 1
exempt from the CAPA-NS requirement. 2
(e) 1. An advanced practice registered nurse whose license is in good standing 3
at that time with the Kentucky Board of Nursing and who will be 4
prescribing nonscheduled legend drugs without a CAPA-NS shall notify 5
that board that the four (4) year requirement has been met and that he or 6
she will be prescribing nonscheduled legend drugs without a CAPA-NS. 7
2. An advanced practice registered nurse who has maintained a CAPA-NS 8
for four (4) years or more will no longer be required to maintain a 9
CAPA-NS and shall not be compelled to maintain a CAPA-NS as a 10
condition to prescribe after the four (4) years have expired, but an 11
advanced practice registered nurse may choose to maintain a CAPA-NS 12
indefinitely after the four (4) years have expired. 13
3. An advanced practice registered nurse who has maintained a CAPA-NS 14
for less than four (4) years shall be required to continue to maintain a 15
CAPA-NS until the four (4) year period is completed, after which the 16
CAPA-NS will no longer be required. 17
(10) (a) Before an advanced practice registered nurse engages in the prescribing of 18
Schedules II through V controlled substances as authorized by KRS 19
314.011(8), the advanced practice registered nurse shall enter into a written 20
"Collaborative Agreement for the Advanced Practice Registered Nurse's 21
Prescriptive Authority for Controlled Substances" (CAPA-CS) with a 22
physician licensed in Kentucky that defines the scope of the prescriptive 23
authority for controlled substances. 24
(b) The advanced practice registered nurse shall notify the Kentucky Board of 25
Nursing of the existence of the CAPA-CS and the name of the collaborating 26
physician and shall, upon request, furnish to the board or its staff a copy of the 27
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completed CAPA-CS. The Kentucky Board of Nursing shall notify the 1
Kentucky Board of Medical Licensure that a CAPA-CS exists and furnish the 2
collaborating physician's name. 3
(c) The CAPA-CS shall be in writing and signed by both the advanced practice 4
registered nurse and the collaborating physician. A copy of the completed 5
collaborative agreement shall be available at each site where the advanced 6
practice registered nurse is providing patient care. 7
(d) The CAPA-CS shall describe the arrangement for collaboration and 8
communication between the advanced practice registered nurse and the 9
collaborating physician regarding the prescribing of controlled substances by 10
the advanced practice registered nurse. 11
(e) The advanced practice registered nurse who is prescribing controlled 12
substances and the collaborating physician shall be qualified in the same or a 13
similar specialty. 14
(f) The CAPA-CS is not intended to be a substitute for the exercise of 15
professional judgment by the advanced practice registered nurse or by the 16
collaborating physician. 17
(g)[ Before engaging in the prescribing of controlled substances, the advanced 18
practice registered nurse shall: 19
1. Have been licensed to practice as an advanced practice registered nurse 20
for one (1) year with the Kentucky Board of Nursing; or 21
2. Be nationally certified as an advanced practice registered nurse and be 22
registered, certified, or licensed in good standing as an advanced 23
practice registered nurse in another state for one (1) year prior to 24
applying for licensure by endorsement in Kentucky. 25
(h)] Prior to prescribing controlled substances, the advanced practice registered 26
nurse shall obtain a Controlled Substance Registration Certificate through the 27
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U.S. Drug Enforcement Agency. 1
(h)[(i)] The CAPA-CS shall be reviewed and signed by both the advanced 2
practice registered nurse and the collaborating physician and may be rescinded 3
by either party upon written notice to the other party and the Kentucky Board 4
of Nursing. 5
(i)[(j)] The CAPA-CS shall state the limits on controlled substances which may 6
be prescribed by the advanced practice registered nurse, as agreed to by the 7
advanced practice registered nurse and the collaborating physician. The limits 8
so imposed may be more stringent than either the schedule limits on 9
controlled substances established in KRS 314.011(8) or the limits imposed in 10
regulations promulgated by the Kentucky Board of Nursing thereunder. 11
(11) Nothing in this chapter shall be construed as requiring an advanced practice 12
registered nurse designated by the board as a certified registered nurse anesthetist to 13
enter into a collaborative agreement with a physician, pursuant to this chapter or any 14
other provision of law, in order to deliver anesthesia care. 15
(12) The jurisprudence examination shall be prescribed by the board and be conducted 16
on the licensing requirements under this chapter and board regulations and 17
requirements applicable to advanced practice registered nursing in this 18
Commonwealth. The board shall promulgate administrative regulations in 19
accordance with KRS Chapter 13A, establishing the provisions to meet this 20
requirement. 21
(13) (a) Before an advanced practice registered nurse may discontinue or be exempt 22
from a CAPA-CS required under subsection (10) of this section, the 23
advanced practice registered nurse shall have completed four (4) years of 24
prescribing authority for controlled substances, while maintaining a CAPA-25
CS, DEA registration, and Kentucky All Schedule Prescription Electronic 26
Reporting (KASPER) master account as a certified nurse practitioner, 27
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clinical nurse specialist, certified nurse midwife, or as a certified registered 1
nurse anesthetist. For certified nurse practitioners and clinical nurse 2
specialists, the four (4) years of prescribing shall be in a population focus as 3
defined in Section 1 of this Act. 4
(b) On or after the effective date of this Act: 5
1. An advanced practice registered nurse who has had four (4) years of 6
prescribing authority with a CAPA-CS and who wishes to prescribe 7
controlled substances without a CAPA-CS shall submit a form 8
requesting a review from the Kentucky Board of Nursing that the 9
advanced practice registered nurse's license is in good standing; 10
2. The advanced practice registered nurse shall not prescribe controlled 11
substances without a CAPA-CS until the board has completed its 12
review and has notified the advanced practice registered nurse that the 13
advanced practice registered nurse is exempt from the CAPA-CS 14
requirement; 15
3. The review request shall be made in the birth month of the advanced 16
practice registered nurse and shall include the payment of a fee set by 17
the board through the promulgation of an administrative regulation; 18
4. In circumstances established by the board through the promulgation 19
of an administrative regulation, an advanced practice registered nurse 20
who has had four (4) years of prescribing authority with a CAPA-CS 21
may request permission from the board to submit the request for 22
review at an earlier time than the advanced practice registered nurse's 23
birth month; and 24
5. On or after January 1, 2024, the review request may be made upon 25
completion of the four (4) year requirement of prescribing authority 26
with a CAPA-CS, without regard to birth month. 27
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(c) The Kentucky Board of Nursing shall perform a review to: 1
1. Verify that a current DEA registration for the advanced practice 2
registered nurse is on file with the board; 3
2. Verify that a current CAPA-CS notification for the advanced practice 4
registered nurse is on file with the board; 5
3. Verify that the advanced practice registered nurse has an active 6
KASPER master account; 7
4. Conduct a criminal background check to ascertain whether the 8
advanced practice registered nurse has any unreported violations; and 9
5. Review a national nursing disciplinary databank for any violations by 10
the advanced practice registered nurse in this or other jurisdictions. 11
(d) Based on the findings of these actions, the Kentucky Board of Nursing shall 12
determine whether or not the advanced practice registered nurse's license is 13
in good standing for the purposes of removing the requirement for the 14
advanced practice registered nurse to have a CAPA-CS in order to prescribe 15
controlled substances. 16
(e) If the advanced practice registered nurse's license is found to be in good 17
standing, that advanced practice registered nurse shall be notified by the 18
board that the advanced practice registered nurse is no longer required to 19
maintain a CAPA-CS and shall not be compelled to maintain a CAPA-CS 20
as a condition to prescribe controlled substances, but an advanced practice 21
registered nurse may choose to maintain a CAPA-CS indefinitely after the 22
four (4) years have expired. 23
(f) If the advanced practice registered nurse's license is found not to be in good 24
standing, the CAPA-CS requirement shall not be removed until the license 25
is restored to good standing, as directed by the board. 26
(g) The Kentucky Board of Nursing may conduct random audits of the 27
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prescribing practices of advanced practice registered nurses, including 1
those who no longer require a CAPA-CS in order to prescribe, through a 2
review of KASPER data, and may take disciplinary action if violations of 3
the law have occurred. 4
(14) (a) An advanced practice registered nurse wishing to practice in Kentucky 5
through licensure by endorsement is exempt from the CAPA-CS 6
requirement if the advanced practice registered nurse: 7
1. Has met the prescribing requirements for controlled substances in a 8
state that grants prescribing authority to advanced practice registered 9
nurses; 10
2. Has had authority to prescribe controlled substances for at least four 11
(4) years; and 12
3. Has a license in good standing as defined in subsection (15) of this 13
section. 14
(b) An advanced practice registered nurse wishing to practice in Kentucky 15
through licensure by endorsement who has had the authority to prescribe 16
controlled substances for less than four (4) years and wishes to continue to 17
prescribe controlled substances, shall enter into a CAPA-CS with a 18
physician licensed in Kentucky until the cumulative four (4) year 19
requirement is met, after which the advanced practice registered nurse who 20
wishes to prescribe controlled substances without a CAPA-CS shall submit 21
a form requesting a review from the Kentucky Board of Nursing that the 22
advanced practice registered nurse's license is in good standing. 23
(c) The advanced practice registered nurse shall not prescribe controlled 24
substances without a CAPA-CS until the board has completed its review and 25
has notified the advanced practice registered nurse that the advanced 26
practice registered nurse is exempt from the CAPA-CS requirement. 27
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(d) The review request shall be made in the birth month of the advanced 1
practice registered nurse and shall include the payment of a fee set by the 2
board through the promulgation of an administrative regulation. 3
(e) In circumstances established by the board through the promulgation of an 4
administrative regulation, an advanced practice registered nurse who has 5
had four (4) years of prescribing authority with a CAPA-CS may request 6
permission from the board to submit the request for review at an earlier 7
time than the advanced practice registered nurse's birth month. 8
(f) On or after January 1, 2024, the request accompanied by a fee may be 9
submitted upon completion of the four (4) year requirement to have a 10
CAPA-CS, without regard to birth month. 11
(15) As used in this section, a license "in good standing" means an active, 12
unencumbered license to practice advanced practice registered nursing in the 13
state. 14
