KRS 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.

(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 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.