Kentucky Board of Nursing Conviction Record Policy

Please review this policy and contact us if you have questions:


GENERAL GOVERNMENT CABINET
Kentucky Board of Nursing

201 KAR 20:370. Applications for licensure and registration

RELATES TO: KRS 314.041, 314.042, 314.051, 314.071, 314.091
STATUTORY AUTHORITY: KRS 314.131(1)
NECESSITY, FUNCTION AND CONFORMITY: KRS 314.041, 314.051, and 314.071 require the Board to review an application for licensure and a licensee for conformity with KRS Chapter 314. KRS 314.091 requires the Board to deny, limit, revoke, probate, suspend, or take other action against an applicant or licensee who is guilty of the offenses or conduct specified in KRS 314.091. This administrative regulation establishes requirements and procedures for licensure and registration.

Section 4
(1) Pursuant to KRS 314.091 (1) (b), a conviction of a felony or misdemeanor shall be considered as bearing directly on the qualifications or ability of an applicant to practice nursing if the conviction involved:
(a) Dishonesty;
(b) Substance abuse;
(c) Sexual offenses;
(d) Breach of trust;
(e) Danger to the public safety;
(f) Physical harm, or
(g) Endangerment.
(2) A felony or misdemeanor conviction shall be reviewed to determine whether:
(a) The application shall be processed with no further action;
(b) The application shall be processed only after the applicant has entered into an Agreed Order with the Board with terms and conditions as agreed to by the parties; or
(c) A Notice to Deny Licensure shall be issued. A Notice to Deny Licensure shall inform the applicant that he may request a hearing. The request shall be in writing.
(3) A complaint received by the Board alleging a violation of KRS 314.091(1) shall be handled in the same manner as set forth in subsection 2 of this section.