Kentucky Statutes 314.111 – Nursing school approval — Standards — Administrative regulations — Administrative hearing — Board may not limit number of students if nursing program meets standards — Minimum qualifications for instructors
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(1) An institution desiring to conduct a school of nursing shall apply to the board and submit evidence that it is prepared to carry out the minimum approved basic curriculum in nursing and that it is prepared to fulfill other requirements of standards which are established by KRS § 314.011 to KRS § 314.161 and KRS § 314.991 and the administrative regulations promulgated by the board. No person shall operate a nursing education program or school of nursing without complying with the provisions of this section.
(2) A survey of the institution and its proposed education program shall be made by the executive director or an authorized employee of the board who shall submit a written report of the survey to the board. If in the opinion of the board the requirements for an approved nursing education program or school of nursing are met it shall approve the school.
(3) The board shall, by administrative regulations promulgated pursuant to KRS Chapter 13A, set standards for the establishment and outcomes of nursing education programs that prepare advanced practice registered nurses, including clinical learning experiences, and shall approve such programs that meet the standards.
(4) If the board determines that any approved school of nursing is not maintaining the standards required by the statutes and the administrative regulations of the board or is not complying with the requirements of the administrative regulations of the board, notice thereof in writing specifying their deficiencies or compliance issues shall be given to the school. A school which fails to correct these conditions to the satisfaction of the board or fails to comply with the requirements of the administrative regulation may be fined up to five hundred dollars ($500) per day for each day that it fails to correct the deficiencies or fails to comply with the requirements of the administrative regulations. A school may:
(a) Request an administrative hearing in accordance with KRS Chapter 13B
to contest any fine; and
(b) Be subject to an administrative hearing in accordance with KRS Chapter
13B to determine whether the school shall be closed.
The board shall promulgate administrative regulations pursuant to KRS Chapter 13A to implement this subsection.
(5) If a school of nursing or nursing program has at least an eighty percent (80) average rate of successful completion of the National Council Licensure Examination (NCLEX) during the previous three (3) years and is otherwise meeting the requirements of this section, the board shall not impose a limit on:
(a) The total number of students attending the nursing school or nursing program; or
(b) The number of students that the nursing school or nursing program may add to increase its enrollment, unless the nursing school or nursing program is not performing to established standards.
(6) (a) For a registered nurse program conducted at a school of nursing or nursing program, a clinical instructor shall have at least the following minimum qualifications:
1. A registered nurse for an associate degree nursing program; or
2. A registered nurse with a baccalaureate degree or higher for a baccalaureate degree nursing program.
(b) A person with an associate degree in nursing may teach associate degree or licensed practical nurse courses.
(c) A person with a baccalaureate degree in nursing may teach associate degree or baccalaureate degree courses.
(d) 1. A person with a master’s degree in nursing may teach associate degree, baccalaureate degree, or master’s degree courses.
2. A person working toward a master’s degree in nursing may teach associate degree or baccalaureate degree courses.
3. A person working toward a master’s degree in nursing may teach any master’s degree course that the person has already successfully completed.
Effective:April 7, 2022
History: Amended 2022 Ky. Acts ch. 84, sec. 5, effective April 7, 2022. — Amended
2018 Ky. Acts ch. 183, sec. 10, effective July 14, 2018. — Amended 2010 Ky. Acts ch. 85, sec. 62, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 391, sec. 17, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 318, sec. 267, effective July 15, 1996. — Amended 1978 Ky. Acts ch. 168, sec. 9, effective June 17, 1978. — Created 1966 Ky. Acts ch. 20, sec. 8.
(2) A survey of the institution and its proposed education program shall be made by the executive director or an authorized employee of the board who shall submit a written report of the survey to the board. If in the opinion of the board the requirements for an approved nursing education program or school of nursing are met it shall approve the school.
Terms Used In Kentucky Statutes 314.111
- Board: means Kentucky Board of Nursing. See Kentucky Statutes 314.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. See Kentucky Statutes 314.011
- 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. See Kentucky Statutes 314.011
- Registered nurse: means one who is licensed or holds the privilege under the provisions of this chapter to engage in registered nursing practice. See Kentucky Statutes 314.011
(3) The board shall, by administrative regulations promulgated pursuant to KRS Chapter 13A, set standards for the establishment and outcomes of nursing education programs that prepare advanced practice registered nurses, including clinical learning experiences, and shall approve such programs that meet the standards.
(4) If the board determines that any approved school of nursing is not maintaining the standards required by the statutes and the administrative regulations of the board or is not complying with the requirements of the administrative regulations of the board, notice thereof in writing specifying their deficiencies or compliance issues shall be given to the school. A school which fails to correct these conditions to the satisfaction of the board or fails to comply with the requirements of the administrative regulation may be fined up to five hundred dollars ($500) per day for each day that it fails to correct the deficiencies or fails to comply with the requirements of the administrative regulations. A school may:
(a) Request an administrative hearing in accordance with KRS Chapter 13B
to contest any fine; and
(b) Be subject to an administrative hearing in accordance with KRS Chapter
13B to determine whether the school shall be closed.
The board shall promulgate administrative regulations pursuant to KRS Chapter 13A to implement this subsection.
(5) If a school of nursing or nursing program has at least an eighty percent (80) average rate of successful completion of the National Council Licensure Examination (NCLEX) during the previous three (3) years and is otherwise meeting the requirements of this section, the board shall not impose a limit on:
(a) The total number of students attending the nursing school or nursing program; or
(b) The number of students that the nursing school or nursing program may add to increase its enrollment, unless the nursing school or nursing program is not performing to established standards.
(6) (a) For a registered nurse program conducted at a school of nursing or nursing program, a clinical instructor shall have at least the following minimum qualifications:
1. A registered nurse for an associate degree nursing program; or
2. A registered nurse with a baccalaureate degree or higher for a baccalaureate degree nursing program.
(b) A person with an associate degree in nursing may teach associate degree or licensed practical nurse courses.
(c) A person with a baccalaureate degree in nursing may teach associate degree or baccalaureate degree courses.
(d) 1. A person with a master’s degree in nursing may teach associate degree, baccalaureate degree, or master’s degree courses.
2. A person working toward a master’s degree in nursing may teach associate degree or baccalaureate degree courses.
3. A person working toward a master’s degree in nursing may teach any master’s degree course that the person has already successfully completed.
Effective:April 7, 2022
History: Amended 2022 Ky. Acts ch. 84, sec. 5, effective April 7, 2022. — Amended
2018 Ky. Acts ch. 183, sec. 10, effective July 14, 2018. — Amended 2010 Ky. Acts ch. 85, sec. 62, effective July 15, 2010. — Amended 2000 Ky. Acts ch. 391, sec. 17, effective July 14, 2000. — Amended 1996 Ky. Acts ch. 318, sec. 267, effective July 15, 1996. — Amended 1978 Ky. Acts ch. 168, sec. 9, effective June 17, 1978. — Created 1966 Ky. Acts ch. 20, sec. 8.