{"data":{"id":"us-ky/krs-314.042","jurisdiction":"us-ky","citation":"KRS 314.042","heading":"License to practice as an advanced practice registered nurse -- Application","body":"-- Renewal -- Reinstatement -- Use of \"APRN\" -- Prescriptive authority under\nCAPA-NS and CAPA -CS -- Exemption from CAPA -NS and CAPA -CS\nrequirement -- CAPA-CS Committee -- Administrative regulations.\n(1) An applicant for licensure to practice as an advanced practice registered nurse shall\nfile with the board a written application for licensure and submit evidence, verified\nby oath, that the applicant:\n(a) Has comple ted an education program that prepares the registered nurse for\none (1) of four (4) APRN roles that has been accredited by a national nursing\naccrediting body recognized by the United States Department of Education;\n(b) Is certified by a nationally establi shed organization or agency recognized by\nthe board to certify registered nurses for advanced practice registered nursing;\n(c) Is able to understandably speak and write the English language and to read the\nEnglish language with comprehension; and\n(d) Has passed the jurisprudence examination approved by the board as provided\nin subsection (5) of this section.\n(2) Upon request, an applicant who meets the requirements of subsection (1)(a), (c),\nand (d) of this section, but has not yet taken the national certif ication exam, may be\nissued a provisional license that shall expire no later than six (6) months from the\ndate of issuance.\n(3) An individual who holds a provisional license shall have the right to use the title\n\"advanced practice registered nurse applican t\" and the abbreviation \"APRNA.\" An\nAPRNA may function as an APRN, except for prescribing medications and shall\nonly practice under a mentorship with an advanced practice registered nurse or a\nphysician.\n(4) (a) An APRNA shall take and pass the national ce rtification exam recognized by\nthe board to the certify registered nurses for advanced practice registered\nnursing within the six (6) month term of the provisional license to become a\nfully licensed APRN.\n(b) If the APRNA fails to take and pass the national certification exam on the first\nattempt, the APRNA shall be given one (1) more opportunity to take and pass\nthe exam.\n(c) If the APRNA does not pass the national certification exam on the second\nattempt, the provisional license shall immediately be terminated.\n(5) The jurisprudence examination shall be prescribed by the board and be conducted\non the licensing requirements under this chapter and administrative regulations\napplicable to advance practice registe red nursing promulgated in accordance with\nKRS Chapter 13A.\n(6) The board may issue a license to practice advanced practice registered nursing to an\napplicant who holds a current active registered nurse license issued by the board or\nholds the privilege to  practice as a registered nurse in this state and meets the\nqualifications of subsection (1) of this section. An advanced practice registered\nnurse shall be:\n(a) Designated by the board as a certified registered nurse anesthetist, certified\nnurse midwife, certified nurse practitioner, or clinical nurse specialist; and\n(b) Certified in at least one (1) population focus.\n(7) The applicant for licensure or renewal thereof to practice as an advanced practice\nregistered nurse shall pay a fee to the board as set forth in regulation by the board.\n(8) An advanced practice registered nurse shall maintain a current active registered\nnurse license issued by the board or hold the privilege to practice as a registered\nnurse in this state and maintain current certificatio n by the appropriate national\norganization or agency recognized by the board.\n(9) Any person who holds a license to practice as an advanced practice registered nurse\nin this state shall have the right to use the title \"advanced practice registered nurse\"\nand the abbreviation \"APRN.\" No other person shall assume the title or use the\nabbreviation or any other words, letters, signs, or figures to indicate that the person\nusing the same is an advanced practice registered nurse. No person shall practice as\nan advanced practice registered nurse unless licensed under this section.\n(10) Any person heretofore licensed as an advanced practice registered nurse under the\nprovisions of this chapter who has allowed the license to lapse may be reinstated on\npayment of the current fee and by meeting the provisions of this chapter and\nadministrative regulations promulgated by the board pursuant to the provisions of\nKRS Chapter 13A.\n(11) The board may authorize a person to practice as an advanced practice registered\nnurse temp orarily and pursuant to applicable administrative regulations\npromulgated by the board pursuant to the provisions of KRS Chapter 13A if the\nperson is awaiting licensure by endorsement.\n(12) (a) Except as authorized by subsection (13) of this section, befor e an advanced\npractice registered nurse engages in the prescribing or dispensing of\nnonscheduled legend drugs as authorized by KRS 314.011(8), the advanced\npractice registered nurse shall enter into a written \"Collaborative Agreement\nfor the Advanced Pract ice Registered Nurse's Prescriptive Authority for\nNonscheduled Legend Drugs\" (CAPA -NS) with a physician who has an\nactive and unrestricted license in Kentucky that defines the scope of the\nprescriptive authority for nonscheduled legend drugs.\n(b) The advan ced practice registered nurse shall notify the Kentucky Board of\nNursing of the existence of the CAPA -NS and the name of the collaborating\nphysician and shall, upon request, furnish to the board or its staff a copy of the\ncompleted CAPA -NS. The Kentucky Bo ard of Nursing shall notify the\nKentucky Board of Medical Licensure that a CAPA -NS exists and furnish the\ncollaborating physician's name.\n(c) The CAPA-NS shall be in writing and signed by both the advanced practice\nregistered nurse and the collaborating ph ysician. A copy of the completed\ncollaborative agreement shall be available at each site where the advanced\npractice registered nurse is providing patient care.\n(d) The CAPA -NS shall describe the arrangement for collaboration and\ncommunication between the advanced practice registered nurse and the\ncollaborating physician regarding the prescribing of nonscheduled legend\ndrugs by the advanced practice registered nurse.\n(e) The advanced practice registered nurse who is prescribing nonscheduled\nlegend drugs and the collaborating physician shall be qualified in the same or\na similar specialty.\n(f) The CAPA -NS is not intended to be a substitute for the exercise of\nprofessional judgment by the advanced practice registered nurse or by the\ncollaborating physician.\n(g) The CAPA-NS shall be reviewed and signed by both the advanced practice\nregistered nurse and the collaborating physician and may be rescinded by\neither party upon written notice to the other party and the Kentucky Board of\nNursing.\n(13) (a) Before an adva nced practice registered nurse may discontinue or be exempt\nfrom a CAPA-NS required under subsection (12) of this section, the advanced\npractice registered nurse shall have completed four (4) years of prescribing as\na certified nurse practitioner, clinical nurse specialist, certified nurse midwife,\nor as a certified registered nurse anesthetist. For nurse practitioners and\nclinical nurse specialists, the four (4) years of prescribing shall be in a\npopulation focus as defined in KRS 314.011.\n(b) After four ( 4) years of prescribing with a CAPA -NS in collaboration with a\nphysician:\n1. An advanced practice registered nurse whose license is in good standing\nat that time with the Kentucky Board of Nursing and who will be\nprescribing nonscheduled legend drugs without a CAPA-NS shall notify\nthat board that the four (4) year requirement has been met and that he or\nshe will be prescribing nonscheduled legend drugs without a CAPA-NS;\n2. The advanced practice registered nurse will no longer be required to\nmaintain a CAPA -NS and shall not be compelled to maintain a CAPA -\nNS as a condition to prescribe after the four (4) years have expired, but\nan advanced practice registered nurse may choose to maintain a CAPA -\nNS indefinitely after the four (4) years have expired; and\n3. If the advanced practice registered nurse's license is not in good\nstanding, the CAPA -NS requirement shall not be removed until the\nlicense is restored to good standing.\n(c) An advanced practice registered nurse wishing to practice in Kentucky\nthrough licensure by endorsement is exempt from the CAPA -NS requirement\nif the advanced practice registered nurse:\n1. Has met the prescribing requirements in a state that grants independent\nprescribing to advanced practice registered nurses; and\n2. Has been prescribing for at least four (4) years.\n(d) An advanced practice registered nurse wishing to practice in Kentucky\nthrough licensure by endorsement who had a collaborative prescribing\nagreement with a physician with an active and unrestricted lice nse in another\nstate for at least four (4) years shall be exempt from the CAPA -NS\nrequirement.\n(14) (a) There is hereby established the \"Collaborative Agreement for the Advanced\nPractice Registered Nurse's Prescriptive Authority for Controlled Substances\"\n(CAPA-CS) Committee. The committee shall be composed of four (4)\nmembers selected as follows:\n1. Two (2) members shall be advanced practice registered nurses who\ncurrently prescribe or have prescribed scheduled drugs, each appointed\nby the Kentucky Board o f Nursing from a list of names submitted for\neach position by the Kentucky Association of Nurse Practitioners and\nNurse-Midwives; and\n2. Two (2) members shall be physicians who have currently or had\npreviously a signed CAPA -CS with an advanced practice reg istered\nnurse who prescribes scheduled drugs, each appointed by the Kentucky\nBoard of Medical Licensure from a list of names submitted for each\nposition by the Kentucky Medical Association.\n(b) The committee shall develop a standardized CAPA -CS form to be used in\naccordance with the provisions of subsection (15) of this section. The\nstandardized CAPA-CS form shall be used by all advanced practice registered\nnurses and all physicians in Kentucky who enter into a CAPA-CS.\n(c) The committee may be reconvened a t the request of the Kentucky Board of\nNursing or the Kentucky Board of Medical Licensure if it becomes necessary\nto update the standardized CAPA-CS form.\n(d) The Kentucky Board of Nursing and the Kentucky Board of Medical\nLicensure shall each be responsible for and have exclusive authority over their\nrespective members appointed to the committee.\n(e) The committee shall be attached to the Kentucky Board of Nursing for\nadministrative purposes. The Kentucky Board of Nursing shall be responsible\nfor the expen ses of its members. The Kentucky Board of Medical Licensure\nshall be responsible for the expenses of its members.\n(f) The Kentucky Board of Nursing shall promulgate an administrative regulation\npursuant to KRS Chapter 13A within ninety (90) days of June 29 , 2023, to\nestablish and implement the standardized CAPA -CS form developed by the\ncommittee.\n(15) (a) Except as provided in subsections (17) and (18) of this section, before an\nadvanced practice registered nurse engages in the prescribing of Schedules II\nthrough V controlled substances as authorized by KRS 314.011(8), the\nadvanced practice registered nurse shall enter into a written \"Collaborative\nAgreement for the Advanced Practice Registered Nurse's Prescriptive\nAuthority for Controlled Substances\" (CAPA -CS) on a standardized CAPA -\nCS form with a physician who has an active and unrestricted license in\nKentucky that defines the scope of the prescriptive authority for controlled\nsubstances.\n(b) The advanced practice registered nurse shall notify the Kentucky Board of\nNursing of the existence of the CAPA -CS and the name of the collaborating\nphysician and shall, upon request, furnish to the board or its staff a copy of the\ncompleted standardized CAPA -CS form. The Kentucky Board of Nursing\nshall notify the Kentucky Board of Medical Licensure that a CAPA -CS exists\nand furnish an executed copy of the Kentucky Board of Nursing notification\nof a CAPA -CS completed by the advanced practice registered nurse to the\nKentucky Board of Medical Licensure.\n(c) The CAPA-CS shall be in writing and signed by both the advanced practice\nregistered nurse and the collaborating physician. A copy of the completed\nstandardized CAPA -CS form shall be available at each site where the\nadvanced practice registered nurse is providing patient care.\n(d) The CAPA -CS shall describe the arrangement for collaboration and\ncommunication between the advanced practice registered nurse and the\ncollaborating physician regarding the prescribing of controlled substances by\nthe advanced practice registered nurse.\n(e) The advanced practice registered nurse who is prescribing controlled\nsubstances and the collaborating physician shall be qualified in the same or a\nsimilar specialty.\n(f) The CAPA-CS is not intended to be a substitute for the appropriate exercise\nof professional judgment by the advanced practice registered nurse or by the\ncollaborating physician.\n(g) The relevant statutes and regulations pertaining to the prescribing authority of\nadvanced practice registered nurses for controlled substances shall b e\nreviewed by the advanced practice registered nurse and the collaborating\nphysician at the outset of the CAPA-CS.\n(h) Prior to prescribing controlled substances, the advanced practice registered\nnurse shall obtain a Controlled Substance Registration Certi ficate through the\nUnited States Drug Enforcement Administration.\n(i) The CAPA -CS shall be reviewed and signed by both the advanced practice\nregistered nurse and the collaborating physician and may be rescinded by\neither party upon thirty (30) days written  notice to the other party. The\nadvanced practice registered nurse shall notify the Kentucky Board of Nursing\nthat the CAPA-CS has been rescinded. The Kentucky Board of Nursing shall\nnotify the Kentucky Board of Medical Licensure that the CAPA -CS has been\nrescinded and shall furnish an executed copy of the Kentucky Board of\nNursing rescission of a CAPA -CS completed by the advanced practice\nregistered nurse or by the collaborating physician to the Kentucky Board of\nMedical Licensure.\n(j) The CAPA-CS shall st ate any limits on controlled substances which may be\nprescribed by the advanced practice registered nurse, as agreed to by the\nadvanced practice registered nurse and the collaborating physician. The limits\nso imposed may be more stringent than either the s chedule limits on\ncontrolled substances established in KRS 314.011(8) or the limits imposed in\nregulations promulgated by the Kentucky Board of Nursing thereunder. The\nCAPA-CS shall also include any requirements, as agreed to by both the\nadvanced practice registered nurse and the collaborating physician, for\ncommunication between the advanced practice registered nurse and the\ncollaborating physician.\n(k) Within thirty (30) days of obtaining a Controlled Substance Registration\nCertificate from the United Sta tes Drug Enforcement Administration, and\nprior to prescribing controlled substances, the advanced practice registered\nnurse shall register with the electronic system for monitoring controlled\nsubstances established by KRS 218A.202 and shall provide a copy of the\nregistration certificate to the board.\n(l) For advanced practice registered nurses who have not had a CAPA-CS:\n1. An advanced practice registered nurse wishing to have a CAPA -CS in\nhis or her first year of licensure must be employed by a health care\nentity or provider. If the employing provider is an advanced practice\nregistered nurse, he or she must have completed four (4) years of\nprescribing with a CAPA -CS and no longer be required to maintain a\nCAPA-CS;\n2. In the first year of the CAPA-CS, the advanced practice registered nurse\nand the physician shall meet at least quarterly, either in person or via\nvideo conferencing, to review the advanced practice registered nurse's\nreverse KASPER report or that of the prescription drug monitoring\nprogram (PDMP ) currently in use in Kentucky pursuant to KRS\n218A.202. The advanced practice registered nurse and the collaborating\nphysician may meet via telephonic communication when an in -person\nmeeting or videoconferencing session is not logistically or\ntechnologically feasible. The review of specific prescriptions identified\nin the reverse KASPER report or that of the PDMP currently in use in\nKentucky pursuant to KRS 218A.202 by the advanced practice\nregistered nurse and the collaborating physician may include\ninformation from the patient's medical record that relates to the\ncondition or conditions being treated with controlled substances by the\nadvanced practice registered nurse to facilitate meaningful discussion. A\nrecord of the meeting date, summary of discussion s, and any\nrecommendations made shall be made in writing and a copy retained by\nboth parties to the agreement for a period of one (1) year past the\nexpiration of the CAPA -CS. The meeting records shall be subject to\naudit by the Kentucky Board of Nursing fo r the advanced practice\nregistered nurse and by the Kentucky Board of Medical Licensure for\nthe physician. The sole purpose of the audit shall be to document that\nthe collaboration meetings have taken place as required by this section\nand that other provisions of this section have been met; and\n3. In the ensuing three (3) years of the CAPA -CS, the advanced practice\nregistered nurse and the physician shall meet at least biannually in\nperson or via video conferencing to review the advanced practice\nregistered nurse's reverse KASPER report or that of the PDMP currently\nin use in Kentucky pursuant to KRS 218A.202. The advanced practice\nregistered nurse and the collaborating physician may meet via\ntelephonic communication when an in -person meeting or\nvideoconferencing session is not logistically or technologically feasible.\nThe review of specific prescriptions identified in the reverse KASPER\nreport or that of the PDMP currently in use in Kentucky pursuant to\nKRS 218A.202 by the advanced practice registered nurse and the\ncollaborating physician may include information from the patient's\nmedical record that relates to the condition or conditions being treated\nwith controlled substances by the advanced practice registered nurse to\nfacilitate meaningful discussion. A record of the meeting date, summary\nof discussions, and any recommendations made shall be noted in writing\nand a copy retained by both parties to the agreement for a period of one\n(1) year past the expiration of the CAPA -CS. The meeting records shall\nbe subject to audit by the Kentucky Board of Nursing for the advanced\npractice registered nurse and by the Kentucky Board of Medical\nLicensure for the physician. The sole purpose of the audit shall be to\ndocument that the collaboration meetings have taken place  as required\nby this section and that other provisions of this section have been met.\n(16) Nothing in this chapter shall be construed as requiring an advanced practice\nregistered nurse designated by the board as a certified registered nurse anesthetist to\nenter into a collaborative agreement with a physician, pursuant to this chapter or\nany other provision of law, in order to deliver anesthesia care.\n(17) (a) Except as provided in subsection (18) of this section, an advanced practice\nregistered nurse who wishes to continue to prescribe controlled substances\nmay be exempt from a CAPA -CS required under subsection (15) of this\nsection if the advanced practice registered nurse has:\n1. Completed four (4) years of prescribing authority for controlled\nsubstances with a CAPA-CS;\n2. Maintained a United States Drug Enforcement Administration\nregistration; and\n3. Maintained a master account with KASPER or the PDMP currentl y in\nuse in Kentucky pursuant to KRS 218A.202.\n(b) 1. An advanced practice registered nurse who has had four (4) years of\nprescribing authority with a CAPA -CS and who wishes to prescribe\ncontrolled substances without a CAPA -CS shall submit, via the APRN\nupdate portal, a request for review from the Kentucky Board of Nursing\nthat the advanced practice registered nurse's license is in good standing.\n2. An advanced practice registered nurse who has fewer than four (4) years\nof prescribing authority with a CAPA -CS and who wishes to prescribe\ncontrolled substances without a CAPA -CS shall complete the required\nnumber of years under the then -current CAPA -CS to reach four (4)\nyears and shall submit, via the APRN update portal, a request for review\nfrom the Kentucky B oard of Nursing that the advanced practice\nregistered nurse's license is in good standing. However, if the then -\ncurrent CAPA-CS expires or is rescinded prior to the end of the four (4)\nyear term, a new CAPA -CS shall be required and subject to the\nprovisions of this section.\n3. The advanced practice registered nurse shall not prescribe controlled\nsubstances without a CAPA-CS until the board has completed its review\nand has notified the advanced practice registered nurse in writing that\nthe advanced practice registered nurse is exempt from the CAPA -CS\nrequirement.\n4. The review request shall include the payment of a fee set by the board\nthrough the promulgation of an administrative regulation.\n(c) Upon receipt of a request pursuant to this subsection, the Kent ucky Board of\nNursing shall perform a review to determine whether the license of the\nadvanced practice registered nurse is in good standing based upon an\nevaluation of the criteria specified in this subsection and in the administrative\nregulation promulgated by the board pursuant to this subsection, including but\nnot limited to verification:\n1. That a current United States Drug Enforcement Administration\nregistration certificate for the advanced practice registered nurse is on\nfile with the board;\n2. That a  current CAPA -CS notification for the advanced practice\nregistered nurse is on file with the board;\n3. That the advanced practice registered nurse has an active master account\nwith the electronic system for monitoring controlled substances pursuant\nto KRS 218A.202;\n4. Through a criminal background check of the absence of any unreported\nmisdemeanor or felony convictions in Kentucky; and\n5. Through a check of the coordinated licensure information system\nspecified in KRS 314.475 of the absence of any unreporte d disciplinary\nactions in another state.\n(d) Based on the findings of these actions, the Kentucky Board of Nursing shall\ndetermine if the advanced practice registered nurse's license is in good\nstanding for the purpose of removing the requirement for the a dvanced\npractice registered nurse to have a CAPA -CS in order to prescribe controlled\nsubstances.\n(e) If the advanced practice registered nurse's license is found to be in good\nstanding, the advanced practice registered nurse shall be notified by the board\nin writing that a CAPA -CS is no longer required. The advanced practice\nregistered nurse shall not be required to maintain a CAPA -CS as a condition\nto prescribe controlled substances unless the board later imposes such a\nrequirement as part of an action ins tituted under KRS 314.091(1). An\nadvanced practice registered nurse may choose to maintain a CAPA -CS\nindefinitely after the determination of good standing has been made. An\nadvanced practice registered nurse who chooses to prescribe without a CAPA-\nCS shall  be held to the same standard of care as all other providers with\nprescriptive authority.\n(f) If the advanced practice registered nurse's license is found not to be in good\nstanding, the CAPA-CS requirement shall not be removed until the license is\nrestored to good standing, as directed by the board.\n(g) The Kentucky Board of Nursing shall conduct random audits of the\nprescribing practices of advanced practice registered nurses, including those\nwho are no longer required to have a CAPA -CS in order to prescribe, through\na review of data obtained from the KASPER report or that of the PDMP\ncurrently in use in Kentucky pursuant to KRS 218A.202 and shall take\ndisciplinary action under KRS 314.091(1) if a violation has occurred.\n(18) (a) An advanced practice regis tered nurse wishing to practice in Kentucky\nthrough licensure by endorsement is exempt from the CAPA -CS requirement\nif the advanced practice registered nurse:\n1. Has met the prescribing requirements for controlled substances in a state\nthat grants such pre scribing authority to advanced practice registered\nnurses;\n2. Has had authority to prescribe controlled substances for at least four (4)\nyears; and\n3. Has a license in good standing as described in subsection (17) of this\nsection and in the administrative regulation promulgated by the board\npursuant to subsection (17) of this section.\n(b) An advanced practice registered nurse wishing to practice in Kentucky\nthrough licensure by endorsement who has had the authority to prescribe\ncontrolled substances for les s than four (4) years and wishes to continue to\nprescribe controlled substances shall enter into a CAPA -CS with a physician\nwho has an active and unrestricted license in Kentucky and comply with the\nprovisions of this section until the cumulative four (4) year requirement is\nmet, after which the advanced practice registered nurse who wishes to\nprescribe controlled substances without a CAPA -CS shall follow the process\nidentified in subsection (17) of this section and in the administrative\nregulation promulga ted by the board pursuant to subsection (17) of this\nsection.\n(19) An advanced practice registered nurse shall not prescribe controlled substances\nwithout a CAPA -CS until the board has completed its review and has notified the\nadvanced practice registered nurse in writing that the advanced practice registered\nnurse is exempt from the CAPA-CS requirement.","path":["KRS Chapter 314"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56824","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:10Z","sha256":"cad2e5b53220ea95deb05eba4e3108fb8bbe5822e9f9ff15d594d203d414c259","source_id":"us-ky","stale":false,"prev":"us-ky/krs-314.041","next":"us-ky/krs-314.043"},"notice":"GroundRules: Original legal text. Not legal advice."}