65-1116. Licensure of practical nurses; qualifications of applicants; examination; refresher course; renewal license; title and abbreviation; temporary permit; exempt license.

65-1116

Chapter 65.--PUBLIC HEALTH
Article 11.--REGULATION OF NURSING

      65-1116.   Licensure of practical nurses;qualifications of applicants;examination; refresher course; renewal license; title and abbreviation;temporary permit; exempt license.(a) Qualification. An applicant for a license to practice as alicensed practical nurse shall:

      (1)   Have graduated froman approved school of practical nursing orprofessional nursing in theUnited States or itsterritories or from a school ofpracticalnursing or professional nursing in a foreigncountry which isapproved by the board as defined in rules and regulations;

      (2)   haveobtained otherqualifications not in conflict with this act as the board mayprescribe by rule and regulation; and

      (3)   file with the board a written application for alicense.

      (b)   If the board finds in evaluating any applicant that such applicant isdeficient in qualification or in the quality of such applicant's educationalexperience, the board may require such applicant to fulfill such remedial orother requirements as the board may prescribe.

      (c)   License. (1) The board shall issue a license to an applicantto practice as a practicalnurse who has:

      (A)   Met the qualifications set forth in subsections (a) and (b);

      (B)   passed a written examination as prescribed by the board; and

      (C)   no disqualifying factors under K.S.A. 65-1120 and amendments thereto.

      (2)   The board may issue a license to practice nursing as a practical nurseto an applicant who has been duly licensed as a practical nurse by examinationunder the laws of another state or territory if, in the opinion of the board,the applicant meets the qualifications required of a practical nurse in thisstate. Verification of the applicant's licensure status shall be required fromthe original state of licensure.

      (3)   Refresher course. Notwithstanding the provisions ofsubsections (a) and (b), an applicant for a license to practice as a licensedpractical nurse whohas not been licensed to practice practical nursing for five years precedingapplication shall be required to successfully complete a refresher course asdefined by the board.

      (4)   Renewal license. A licensed practical nurse licensedunder thisact shall be eligible for renewal licenses upon compliancewith K.S.A. 65-1117 and amendments thereto.

      (5)   Licensure examination within 24 months of graduation. (A)Persons who do not take the licensure examination within24months after graduation shall petition the board for permission prior to takingthe licensure examination. The board may require the applicant to submit andcomplete a plan of study prior to taking the licensure examination.

      (B)   Persons who are unsuccessful in passing the licensure examinationwithin 24 months after graduation shall petition the board for permission priorto subsequent attempts. The board may require the applicant to submit andcomplete a plan of study prior to taking the licensure examination a subsequenttime. The study plan shall contain subjects related to deficiencies identifiedon the failed examination profiles.

      (6)   An application for initial licensure or endorsement will be heldawaiting completion of meeting qualifications for a time period specified inrules and regulations.

      (d)   Title and abbreviation. Any person who holds a licensetopractice as a licensed practical nurse in this state shall have theright to use the title, "licensed practical nurse," and theabbreviation, "L.P.N." No other person shall assume the title oruse the abbreviation or any other words, letters, signs or figurestoindicate that the person is a licensed practical nurse.

      (e)   Temporary permit. The board may issue a temporary permittopractice nursing as a licensed practical nurse for a period not to exceed 120days.A temporary permit for 120 days may be issued to an applicant for licensureas a licensed practical nurse who is a graduate of a practical school ofnursing in a foreign country after verification of licensure in that foreigncountry and approval of educational credentials.

      (f)   Exempt license. The board may issue an exempt license to anylicensee as defined in rules and regulations who makes written application forsuch license on a form provided by the board, who remits afee as establishedpursuant to K.S.A. 65-1118 and amendments thereto and who is notregularly engaged in thepractice ofpractical nursing in Kansasbut volunteers practical nursing service oris a charitable health care provider as defined by K.S.A. 75-6102 andamendments thereto.Each exempt licensee shall besubjectto all provisions of the nurse practice act, except as otherwise provided inthis subsection (f). Each exempt license may be renewed biennially subject tothe provisions of this section. The holder of the exempt license shall not berequired to submit evidence of satisfactory completion of a program ofcontinuing nursing education for renewal. To convert an exempt license to anactive license,the exempt licensee shall meet all the requirements of subsection (c) or K.S.A.65-1117 and amendments thereto. The board shall have authority to write rulesand regulations to carry out the provisions of this section.

      History:   L. 1949, ch. 331, § 5;L. 1963, ch. 314, § 3;L. 1968, ch. 231, § 2;L. 1975, ch. 316, § 4;L. 1982, ch. 261, § 2;L. 1983, ch. 207, § 2;L. 1986, ch. 233, § 2;L. 1990, ch. 221, § 2;L. 1992, ch. 151, § 2;L. 1993, ch. 194, § 10;L. 1994, ch. 149, § 2;L. 1997, ch. 158, § 2;L. 1999, ch. 84, § 2;L. 2001, ch. 161, § 2;L. 2009, ch. 81, § 2; July 1.