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LEGAL QUALIFICATIONS FOR RN AND LPN LICENSURE
In accordance with the Kansas Nurse Practice Act: Statutes & Administrative Regulations, an applicant for a license to practice as a licensed practice nurse or registered nurse shall: 1. have graduated from a high school accredited by the appropriate legal accrediting agency or has obtained the equivalent of a high school education, as determined by the state department of education; 2. have graduated from an approved school of practical nursing or professional nursing in a foreign country which is approved by the board as defined in rules and regulations; 3. have obtained other qualifications not in conflict with this act as the board may prescribe by rule and regulation; and file with the board a written application for license. The board shall issue a license to an applicant to practice nursing who has: 1. passed a written examination as prescribed by the board; and 2. no disqualifying factors under K.S.A. 65-1120 and amendments thereto. The Kansas State Board of Nursing has the power to deny, revoke, limit or suspend any license, certificate of qualification or authorization to practice nursing as a registered professional nurse or 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 certificate of qualification or authorization is found after hearing: 1. to be guilty of fraud or deceit in practicing nursing or in 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 or as a licensed practical nurse 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 as follows: a. one or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence, as determined by the board; b. repeated instances involving failure to adhere to the applicable standard of care to a degree which constitutes ordinary negligence, as determined by the board; or c. a pattern of practice or other behavior which demonstrates a manifest incapacity or incompetence to practice nursing. 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 rules and regulations of the board; 7. to have willfully or repeatedly violated the provisions of the Kansas nurse practice act or any rules and regulations adopted pursuant to that act, including K.S.A. 65-1114 and 65-1122 and amendments thereto; or 8. to have a license to practice nursing as a registered Nurse or as a practical nurse denied, revoked, limited or suspended, or 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. 9. to have assisted suicide in violation of K.S.A. 21-3406 and amendments thereto.
Please note: If a student has been charged with a misdemeanor or felony, for any offense other than a minor traffic violation, he/she should submit all court documents to the Legal Council of the Kansas State Board of Nursing for consultation as to whether the offense may prevent licensure in Kansas. All correspondence should be shared, in writing, with the Dean of Nursing & Allied Health immediately. Any and all information is kept confidential.
If a student plans to obtain licensure exam in a state other than Kansas, it is essential that the student write to the Board of Nursing in that state and inquire into the unique limitations for state licensure which may have been established.
For further clarification of specific “Felony Restrictions on RN Licensure in Kansas”, see The Kansas Nurse, Vol. 80, No. 1, January 2005 or request a copy from the secretary to the Dean of Nursing & Allied Health.
Reference: Nurse Practice Act Statutes & Administrative Regulations, Kansas State Board of Nursing, July 2005 edition, located at www.ksbn.org, Statutes 65-1116 a. 1-4; c. 1. b,c; 65-1120 a. 1-9.
Kansas State Board of Nursing
Revised 10/06
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