Publications iconKansas Register

Volume 40 - Issue 33 - August 19, 2021

State of Kansas

Board of Nursing

Notice of Hearing on Proposed Administrative Regulations

A public hearing will be conducted from 10:30 a.m. to 12:30 p.m. October 25, 2021, in room 509 of the Landon State Office Building, 900 SW Jackson St., Topeka, KS 66612, to consider the adoption of proposed changes in ten existing regulations relating to undergraduate nursing education. If the building is not open to the public at the time of the hearing or if any member of the public would prefer to attend electronically, there is an option to join via a toll-free conference call, 1-877-278-8686 (access code: 633337).

This 60-day notice of the public hearing shall constitute a public comment period for the purpose of receiving written public comments on the proposed regulations. All interested parties may submit written comments prior to the hearing to Carol Moreland, Executive Administrator, Kansas State Board of Nursing, 900 SW Jackson St., Suite 1051, Topeka, KS 66612 or by email to carol.moreland@ks.gov. All interested parties will be given a reasonable opportunity to present their views orally regarding the adoption of the proposed regulations during the public hearing. Phone comments will be taken by calling 1-877-278-8686 (access code: 633337) at the time of the hearing. To provide all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes.

Any individual with a disability may request an accommodation to participate in the public hearing and may request the proposed regulations and economic impact statement in an accessible format. Requests for accommodation to participate in the hearing should be made at least five working days in advance of the hearing by contacting Jill Simons at 785-296-5752. The north entrance to the Landon State Office Building is handicapped accessible. Handicapped parking is located at the north end of the Landon State Office Building, across the street from the north entrance to the building, and on Ninth Street, just around the corner from the north entrance to the building.

A summary of the proposed regulations and the economic impact follows. A copy of the proposed regulations and associated economic impact statement may be obtained by accessing the Kansas State Board of Nursing website at https://ksbn.kansas.gov or by contacting Carol Moreland, Executive Administrator of the Kansas State Board of Nursing, Landon State Office Building, 900 SW Jackson, St., Room 1051, Topeka, KS 66612, phone 785-296-5752, or carol.moreland@ks.gov prior to the date of the hearing.

K.A.R. 60-1-102 – Approval procedure. Language has been added stating any institution wanting to establish a nursing program shall provide any information that the board requires to establish satisfactory proof that the institution will maintain the standards and curriculum of an approved nursing program and provide courses required for admission to the nursing program. This regulation shall be effective on and after January 1, 2022.

K.A.R. 60-1-104 – Definitions. Language has been added for definitions of bilevel program, conditional approval, debriefing, nursing program administrator, one-plus-one program, online or distance learning, PN exit option, program evaluation plan, survey or site visit, and student learning outcomes. The following definitions was stricken: converted nursing education program, distance learning, and work study. This regulation shall be effective on and after January 1, 2022.

K.A.R. 60-2-101 – Requirements for initial approval. Language has been added that states a nursing program administrator shall have oversight of the nursing program. Any applicant with an existing nursing program must submit the following: the nursing program outcomes and any nursing program outcomes not meeting the stated benchmark. If there are any outcomes not meeting the stated benchmark, a new nursing program shall not be approved. During an initial survey, a nursing program evaluation plan that addresses compliance with the nurse practice act and board regulations must be available. This regulation shall be effective on and after January 1, 2022.

K.A.R. 60-2-102 – Reapproval requirements. Language has been changed to state the annual first-time licensure exam pass rates should be at 80%. If the nursing program has an annual pass rate of less than 80 percent for one year, the nursing program shall receive a written notice of concern from the board. If the nursing program has an annual pass rate of less than 80 percent for two consecutive years, the program may receive a survey for evaluation and recommendation and be placed on conditional approval. If the nursing program has an annual pass rate of less than 80 percent for three consecutive years for first-time candidates, the nursing program may be directed by the board to cease admissions. If the nursing program fails to meet the requirements for approval within the designated period of time, the nursing program shall be provided notice stating the deficiencies and the opportunity for a hearing if requested within 60 days from the date of service of the notice. If no hearing is requested timely, the nursing program shall be removed from the list of approved schools. This regulation shall be effective on and after January 1, 2022.

K.A.R. 60-2-103 – Nursing program faculty and preceptor qualifications. Language was stricken from this regulation relating to the nursing program administrator and added to K.A.R. 60-1-104. This regulation shall be effective on and after January 1, 2022.

K.A.R. 60-2-104 – Curriculum requirements. The language was added that each practical nursing program shall provide instruction and clinical learning experience in intravenous fluid therapy, including, at a minimum, didactic, supervised laboratory or supervised clinical practice as specified in K.A.R. 60-16-104. The language for the requirement of a program evaluation plan was stricken as that language was added to K.A.R. 60-1-104. This regulation shall be effective on and after January 1, 2022.

K.A.R. 60-2-105 – Clinical resources. Language was changed to reflect that clinical observational experience must have a maximum of a 1:10 faculty-to-student ratio during the clinical learning experience. Language was added that simulation experiences shall constitute no more than 50 percent of the total hours for the clinical course. This regulation shall be effective on and after January 1, 2022.

K.A.R. 60-2-106 – Educational facilities. Language was added to provide the same services to online or distance learning students as available to in-person students. This regulation shall be effective on and after January 1, 2022.

K.A.R. 60-2-107 – Student policies. Language was added to clarify the nursing program shall have a clearly defined written student policy for the difference between the student role and the employee role. Language was changed to state the nursing program shall have a written policy providing information to all students regarding licensure disqualifications pursuant to K.S.A. 65-1120 and amendments thereto. This information shall be provided to each student before admission to the nursing program. This regulation shall be effective on and after January 1, 2022.

K.A.R. 60-2-108 – Reports. Language was added for the annual report to include hiring, retention and separation faculty statistics. Language was added to include in the annual report any plans for the future, including proposed changes to the nursing program, the total number of library holdings and number of holdings regarding nursing. Language was added to include in the annual report a list of the theory courses and the clinical courses in the curriculum. Statistics for each clinical course shall be reported that include the following: total number of hours, total number of clinical observation experience hours, total number of precepted hours, and total number of simulation experience hours. Language was added that if a nursing program fails to meet the requirements of the board or to submit required reports within a designated period of time, the nursing program shall be notified and given the opportunity for a hearing regarding the board’s intent to remove the nursing program from the list of approved nursing programs. This regulation shall be effective on and after January 1, 2022.

Economic Impact Overview. These regulations may strengthen a nursing program’s growth as the student outcomes and ability to pass the licensure exams should increase. An economic effect might be compliance costs to the nursing program to strengthen their curriculum and prepare their faculty better which would result in better student outcomes and the pass rate of their graduates on the licensure exam is 80% or above (an increase from 75% presently). There will be a positive economic impact for businesses and the general public when more graduates pass the licensure exam and enter the workforce. The positive economic impact for the graduates will be that they are better prepared to pass the licensure exam and enter the workforce.

Carol Moreland, MSN, RN
Executive Administrator

Doc. No. 049362