Just as the state Legislature passes laws under the authority granted to it by a state Constitution, state agencies adopt or promulgate regulations under the authority granted to them by the statutes passed by the Legislature. Regulations are adopted in order to clarify and define processes and requirements outlined in state law. Properly adopted regulations have the force of law.

In our case, state law provides that APRNs will be able to practice without a CPA, will be required to carry malpractice insurance, and will be required to maintain national certification. Regulations define how the process for implementing these actions is conducted.

This process is commonly referred to as "rules and regulations."

A regulation is created, amended or repealed through the hearing and adoption process. This can take anywhere from weeks to months from start to finish. The purpose of the hearing and adoption process is to ensure that the public has an opportunity to participate in the rulemaking process and that the regulation is properly authorized by law. Unless there are special circumstances, each proposed regulation goes through a mandatory adoption process.

This adoption process is as follows:

Rule drafting period. The rule drafting period is the amount of time used by the agency (Board of Nursing) to draft the proposed regulation and solicit input from interested parties as appropriate. Interested parties may include the public, industry associations, or persons or groups affected by the regulation. Because it is difficult to significantly change a regulation once it has been set for hearing, the drafting period is an important phase in the development of a regulation.

Rules and Regulations Committee. Notice of the rulemaking committee meeting must be published to inform the public of the proposed changes. Contents of the notice include date, time and place of the meeting, as well as a short explanation of the purpose of the proposed regulations. 

Link to Kansas Joint Committee on Administrative Rules and Regulations can be found here.

Public hearing. The public hearing is an opportunity for the public to comment on proposed regulations. In this case, the public hearing is scheduled for September 6, 2022.

Submission for review. After the hearing, the regulations and the accompanying material must be submitted to the attorney general and governor. The attorney general reviews the regulations for compliance with statutory and constitutional authority. The regulations then go to the governor for policy review and final approval.

Adoption of regulations. Upon completion of these steps, the regulations are then forwarded to the secretary of state and become law following receipt.