Licensure Qualifications

**Practical Nurse Applications:
65-1116.
(a) Qualification. An Applicant for a license to practice as a licensed practical nurse shall:
(1) have graduated from an approved school of practical nursing or professional nursing in the United States or its territories or from a school of practical nursing or professional nursing in a foreign country which is approved by the board as defined in rules and regulations;
(2) have obtained other qualifications not in conflict with this act as the board may prescribe by rule and regulation; and
(3) file with the board a written application for a license.
(b) If the board finds in evaluating any applicant that such an applicant is deficient in qualification or in the quality of such applicant's educational experience, the board may require such applicant to fulfill such remedial or other requirements as the board may prescribe.
(c) License
(1) The board shall issue a license to an applicant to practice as a practical nurse 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 nurse to an applicant who has been duly licensed as a practical nurse by examination under 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 this state. Verification of the applicant's licensure status shall be required from the original state of licensure.
Graduates from the SCCC Practical Nursing program are not eligible to be licensed as a vocational nurse in the State of Texas. Contact the SCCC Director of Nursing for clarification. ADDITIONALLY, SOME STATES, INCLUDING KANSAS, REQUIRE A VALID SOCIAL SECURITY NUMBER FOR LICENSURE.
**Professional Nurse Application:
65-1115.
(a) Qualifications of applicants. An Applicant for a license to practice as a registered professional nurse shall:
(1) have graduated from an approved school of professional nursing in the United States or its territories or from a school of professional nursing in a foreign country which is approved by the board as defined in rules and regulations;
(2) have obtained other qualifications not in conflict with this act as the board may prescribe by rule and regulation; and
(3) file with the board a written application for a license.
(b) Applicant deficient in qualifications. If the board finds in evaluating any applicant that such an applicant is deficient in qualification or in the quality of such applicant's educational experience, the board may require such applicant to fulfill such remedial or other requirements as the board may prescribe.
(c) License
(1) The board shall issue a license to an applicant to practice as a registered professional nurse 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 registered professional nurse to an applicant who has been duly licensed as a registered professional nurse by examination under the laws of another state or territory if, in the opinion of the board, the applicant meets the qualifications required of a registered professional in this state. Verification of the applicant's licensure status shall be required from the original state of licensure.
SOME STATES, INCLUDING KANSAS, REQUIRE A VALID SOCIAL SECURITY NUMBER FOR LICENSURE.

74-1112. Applicant for licensure as a professional nurse, practical nurse or mental health technician to be fingerprinted and submit to a state and national criminal history record check.

(a) The board of nursing may require an original applicant for licensure as a professional nurse, practical nurse or mental health technician to be fingerprinted and submit to a state and national criminal history record check. The fingerprints shall be used to identify the applicant and to determine whether the applicant has a record of criminal history in this state or other jurisdictions. The board of nursing is authorized to submit the fingerprints to the Kansas bureau of investigation and the federal bureau of investigation for a state and national criminal history record check. The board of nursing may use the information obtained from fingerprinting and the applicant's criminal history for purposes of verifying the identification of any applicant and in the official determination of character and fitness of the applicant for any licensure to practice professional or practical nursing or mental health technology in this state.

(b) Local and state law enforcement officers and agencies shall assist the board of nursing in taking and processing of fingerprints of applicants to practice professional or practical nursing or mental health technology in this state and shall release all records of adult convictions and non convictions and adult convictions or adjudications of another state or country to the board of nursing.

(c) The board shall fix a fee for fingerprinting of applicants or licensees, or both, as may be required by the board in an amount necessary to reimburse the board for the cost of the fingerprinting. Fees collected under this subsection shall be deposited in the criminal background and fingerprinting fund.

(d) There is hereby created in the state treasury the criminal background and fingerprinting fund. All moneys credited to the fund shall be used to pay the Kansas bureau of investigation for the processing of fingerprints and criminal history background checks for the board of nursing. The fund shall be administered by the board of nursing. All expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or a person designated by the president. 
According to K.S.A. 65-1120

(a)....the Board of Nursing may deny, revoke, limit, or suspend any license, certificate of qualification or authorization to practice nursing as a registered professional nurse, as a licensed practical nurse...that is issued by the board or applied for under this act or may publicly or privately censure a licensee or holder of a certificate of qualification or authorization, if the applicant, licensee or holder of the certificate of qualification or authorization is found after hearing:
(1) to be guilty of fraud or deceit in practicing nursing or procuring or attempting to procure a license to practice nursing;
(2) to have been guilty of a felony or to have been guilty of a misdemeanor involving an illegal drug offense, unless the applicant or licensee establishes sufficient rehabilitation to warrant the public trust, except that notwithstanding K.S.A. 74-120 no license, certificate of qualification, or authorization to practice nursing as a licensed professional nurse, as a licensed practical nurse, as an advance registered nurse practitioner or registered nurse anesthetist shall be granted to a person with a felony conviction for a crime against persons as specified in article 34 of chapter 21 of the Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto;
(3) to have committed an act of professional incompetency as defined in subsection (e);
(4) to be unable to practice with skill and safety due to current abuse of drugs or alcohol;
(5) to be a person who has been adjudged in need of a guardian or conservator, or both, under the act for obtaining a guardian or conservator, or both, and who has not been restored to capacity under the act;
(6) to be guilty of unprofessional conduct as defined by the rules and regulations of the board;
(7) to have willfully or repeatedly violated any of the provisions of the Kansas Nurse Practice Act or any rules and regulations adopted pursuant to the act...; or
(8) to have a license to practice nursing as a registered nurse or as a practical nurse denied, revoked, limited, or suspended, or to be publicly or privately censured by a licensing authority of another state, agency of the United States government, territory of the United States or country or to have other disciplinary action taken against the applicant or licensee by a licensing authority of another state, agency of the United States government, territory of the United States or country. A certified copy of the record of order of public or private censure, denial, suspension, limitation, revocation or other disciplinary action of the licensing authority of another state, agency of the United States government, territory of the United States of country shall constitute prima facie evidence of such a fact for purposes of this paragraph(8).
(9) to have assisted suicide in violation of K.S.A. 21-3406 and amendments thereto as established by any of the following:

(A) A copy of the record of criminal conviction or plea of guilty for a felony in violation of K.S.A. 21-3406 and amendments thereto.
(B) A copy of the record of a judgment of contempt of court for violating an injunction issued under section 5 and amendments thereto.
(C) A copy of the record of a judgment assessing damages under K.S.A. 2002 Supp. 60-4405 and amendments thereto.

  1. Felony Crimes

 

After July l, 1997, the Board of Nursing will not issue licenses to applicants who have felony convictions in this list:

  • Reference Description
  • 21-3401 Murder in the first degree
  • 21-3402(a) International second degree murder
  • 21-3439 Capital Murder
  • 21-3412(c)(3)* Domestic Battery; third or subsequent within the last 5 yrs.
  • 21-3421 Aggravated kidnapping
  • 21-3401 Murder in the first degree: Conspiracy (21-3302)
  • 21-3402(b) Murder in the second degree (reckless)
  • 21-3401 Murder in the first degree: Solicitation (21-3303)
  • 21-3403 Voluntary Manslaughter
  • 21-3420 Kidnapping
  • 21-3427 Aggravated robbery
  • 21-3415(b)(1) Aggravated battery on LEO-intentional.  Great bodily harm
    (See 21-3414(a) (1) (A)
  • 21-3440 Injury to a pregnant woman in the commission of a felony
  • 21-3414(a)(1)(A) Aggravated battery-intentional, great bodily harm
  • 21-3440 Injury to a pregnant woman in the commission of K.S.A. 21-342 (aggravated assault), K.S.A. 21-3413 (a) (1), battery or K.S.A. 21-3517, sexual battery
  • 21-3404 Involuntary manslaughter
  • 21-3426 Robbery
  • 21-3414(a)(2)(A) Aggravated battery - reckless, great bodily harm
  • 21-3411 Aggravated assault on law enforcement officer
  • 21-3437 Mistreatment of dependent adult - physical
  • 21-3410 Aggravated assault
  • 21-3422a(b) Aggravated interference with parental custody
  • 21-3428 Blackmail
  • 21-3413(a)(2) Battery against a correctional officer
  • 21-3413(a)(3) Battery against a youth center officer
  • 21-3413(a)(4) Battery against a juvenile detention officer
  • 21-3413(a)(5)* Battery against a city/county correctional officer/employee
  • 21-34(a)(1)(B) Aggravated battery - intentional, bodily harm
  • 21-3414(a)(1)(C) Aggravated battery - intentional, physical contact
  • 21-3438(C) Stalking when the offender has a previous conviction within 7 years for stalking the same victim
  • 21-3414(a)(2)(B) Aggravated battery - reckless, bodily harm
  • 21-3406 Assisting suicide
  • 21-3419  Criminal threat
  • 21-3438(a) Stalking in all other cases
  • 21-3422(c)(2) Interference with parental custody in all other cases

 

*This crime was created or the severity level of this crime was amended during the 1996 legislative session.

**Kansas Nurse Practice Act: Laws and Administrative Regulations. August 2009, Kansas State Board of Nursing, Landon State Office Building, 900 SW Jackson, Suite 1051, Topeka, KS 66612-1230.

6/10

 

Staging Enabled