Ala. Admin. Code r. 610-X-8-.11

Current through Register Vol. 43, No. 1, October 31, 2024

Section 610-X-8-.11 - Reinstatement Of A Revoked License, Multistate Licensure Privilege, Permit, Certificate or Approval

1. Application for reinstatement of a revoked license, permit, approval, or certificate may be made twelve months after the effective date of revocation unless otherwise specified in Order or Agreement.

2. Applications for reinstatement of a revoked license, permit, certificate or approcal shall include:

a. The non-refundable application fee.

b. Detailed letter of explanation regarding the circumstances that resulted in the revocation of the license, permit, certificate or approval and actions the applicant has taken to address the issue.

c. Documented evidence of continuing education requirements for reinstatement of a lapsed license, permit, certificate or approval.

d. Verification of the status of all heath-care related licenses, permits, certificate, approvals, and registrations from each jurisdiction/entity where a license, permit, certificate, approval or registration has ever been issued and certified copies of any disciplinary order(s) issued by any jurisdiction/entity where a license, permit, certificate,approval or registration has ever been issued.

e. Five (5) affidavits from persons who are not related to the applicant and who have direct knowledge of the circumstances surrounding the revocation of the license, permit, certificate or approval and the actions the applicant has taken to address the issue.

f. If the applicant's license, permit, certificate or approval was revoked while the applicant's license, permit, certificate or approval was on probation or was suspended, the applicant shall provide documented evidence regarding efforts to comply with any previously stipulated terms of a Board Order or agreement.

g. If the circumstances that resulted in the revocation of the license, permit, certificate, or approval involved allegations of substance abuse substance dependence, or drug diversion, or if the license was revoked while encumbered by an order requiring a program of random drug screening, the applicant shall provide:

1. Documented evidence of a comprehensive substance use disorder evaluation and fitness to return to the practice of nursing conducted by a Board-recognized treatment provider whose program includes a health care professionals tract and completed no more than twelve (12) months prior to the date of the application.

2. Evidence of compliance with all treatment provider recommendations.

3. Complete results of drug screens obtained from participation in a Board-recognized program of random drug testing for a minimum of twelve (12) months immediately prior to the date of the application.

h. If the circumstances that resulted in the revocation of the license, permit, certificate, or approval involved allegations of physical or mental impairment, the applicant shall provide:

1. Documented evidence of current neuropsychological and physiological evaluations.

2. Compliance with all treatment provider recommendations.

3. A statement from the evaluators that the individual is fit to return to the practice of nursing.

i. Executed releases authorizing the sharing of information between and communication with all necessary healthcare providers and Board staff.

j. Submission of results of all required evaluations conducted by a Board acceptable licensed healthcare provider in consultation with Board staff.

k. If the applicant has any arrest(s) that resulted in pending misdemeanor or felony charges, the applicant shall provide:

1. A detailed letter of explanation regarding the circumstances surrounding the charges.

2. The nature of the charges.

3. The case number.

4. The jurisdiction in which the charges are pending.

l. If the applicant has any misdemeanor or felony conviction(s) or has (regardless of court disposition) entered a plea of guilt, nolo contendere, no contest, not guilty by reason of insanity, or other similar plea, the applicant shall provide:

1. Certified copies of court records including the Case Action Summary showing the final disposition of the charges.

2. Any written Plea Agreement or Deferred Prosecution Agreement.

3. Documentation of compliance with conditions imposed by the Court.

m. If the applicant has been administratively discharged from any branch of the armed services with any characterization besides "Honorable" or has been court-martialed, the applicant shall provide a detailed letter of explanation and official documentation of discharge (typically, a DD214 Members 4 copy).

n. For every period of employment since revocation of the applicant's Alabama license, permit, certificate or approval, the applicant shall provide:

1. The name, address, and telephone number of any employer.

2. The name of any supervisor.

3. The dates of employment.

4. Job title.

5. Description of job duties.

6. Reason for leaving said employment.

3. Applications for reinstatement of a revoked license, permit, certificate or approval are incomplete until all of the information required to be provided pursuant to this rule has been submitted. The Board may not consider incomplete applications.

4. Applications for reinstatement of a revoked license, permit, certificate or approval may be resolved either informally or through the administrative hearing process.

5. In considering reinstatement of a revoked license, permit, certificate or approval, the Board may evaluate factors that include but are not limited to:

a. Severity of the act(s) that resulted in revocation of the license.

b. Conduct of the applicant subsequent to the revocation of license.

c. Lapse of time since revocation.

d. Compliance with all reinstatement requirements stipulated by the Board.

e. Rehabilitation attained by the applicant as evidenced by statements provided directly to the Board from qualified individuals who have professional knowledge of the applicant.

f. Whether the applicant is in violation of any applicable statute or rule.

6. Any applicant for reinstatement of a revoked multistate licensure privilege must first demonstrate an active, unencumbered license in his or her home state. The Board may, in its discretion, require the applicant for reinstatement of a revoked multistate licensure privilege, to comply with the requirements of this section.

Ala. Admin. Code r. 610-X-8-.11

Filed September 29, 1982. Repealed and New Rule: Filed January 29, 2002; effective March 5, 2002. Amended: Filed July 22, 2005; effective August 26, 2005. Repealed and New Rule: Filed May 21, 2010; effective June 25, 2010.

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 09, June 30, 2014, eff. 7/29/2014.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 11, August 30, 2019, eff. 9/9/2019; operative 1/1/2020.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 10, July 31, 2024, eff. 9/14/2024.

Author: Alabama Board of Nursing

Statutory Authority:Code of Ala. 1975, § 34-21-25(j).