Rule 30-2825-1.12 - Application for Restoration of License/PrivilegeA. The nurse whose Mississippi nursing license or privilege to practice has been revoked, surrendered, or suspended may petition the Board for restoration of said license or privilege. 1) Application for restoration of a revoked, surrendered, or suspended Mississippi nursing license or privilege to practice may be made twelve (12) months from the effective date of revocation, surrender, suspension, or previous denial of application for restoration, unless otherwise stipulated by Order of the Board.2) An application for restoration shall be made in writing and on forms prescribed by the Board.3) A restoration applicant shall submit five (5) supporting affidavits in writing on a form prescribed by the Board. At least three (3) of the supporting affidavits shall be by licensees in good standing of the same profession.4) A restoration applicant shall complete and submit all information requested on the Board's prescribed forms, along with all information required by these rules.5) The Board may not consider incomplete applications.6) The procedure for the restoration of a license that is suspended for being out of compliance with an order for support, as defined in Miss. Code Ann. Section 93-11-153, shall be governed by Miss. Code Ann. Section 93-11-157 or 93-11-163, as the case may be.7) The procedure for the restoration of a license that is revoked for failure to meet the terms of an educational loan contract shall be governed by Miss. Code Ann. Section 37-101-291.B. Board investigation into the application for restoration shall require the restoration applicant to undergo a fingerprint-based criminal history records check of the Mississippi central criminal database and the Federal Bureau of Investigation criminal history database.1) Each restoration applicant shall submit a full set of petitioner's fingerprints in a form and manner as prescribed by the Board, which shall be forwarded to the Mississippi Department of Public Safety and the Federal Bureau of Investigation Identification Division for this purpose.2) The Board shall provide to the Mississippi Department of Public Safety the fingerprints of the petitioner, any additional information that may be required by the Department, and a form signed by petitioner consenting to the check of criminal records and to use of fingerprints and other identifying information required by state or national repositories.3) Any and all state or national criminal history records information obtained by the Board that is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the Board, its members, officers, investigators, agents and attorneys in evaluating the petitioner's eligibility or disqualification for licensure and shall be exempt from the Mississippi Public Records Act of 1983.4) Except when introduced into evidence in a hearing before the Board to determine licensure, no such information or records related thereto shall, except with written consent of the restoration applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the Board to any other person or agency.5) The Board shall charge and collect from the restoration applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the Board in requesting and obtaining state and national criminal history records information on petitioner.C. Upon confirmation by the Board of receipt of all required materials for application of restoration, the restoration applicant may request a hearing before the Board Hearing Panel for determination on the application for restoration. 1) The Board Hearing Panel may hear the application at the next available Board Hearing date. The Board shall notify the applicant for restoration of the time and place for the hearing.2) Applications for restoration may not be considered while the restoration applicant is under sentence or agreed disposition for any felony conviction or guilty plea to a felony charge, regardless if entered or withheld by the court.3) Applications for restoration may not be considered while the restoration applicant is under any disciplinary order or other conditions of licensure by any other licensure board.D. Restoration Hearing 1) Restoration hearings are conducted pursuant to Miss. Code Ann. Section 73-15-31 before a Board Hearing Panel that consists of three (3) Board members, an alternate Board member, and a representative of the Mississippi Attorney General's Office who serves as the Hearing Officer for each hearing. All testimony and other proceedings shall be recorded by a certified court reporter who shall be retained by the Board.2) Restoration hearings before the Board shall be conducted in the following order: (b) Restoration applicant's case in chief(c) Complaint Counsel's rebuttal3) Questioning of witnesses shall be conducted in the following order: 4) The Hearing Officer shall have the authority to preside over the hearing, and direct post-hearing matters in accordance with the requirements of the case in a manner that ensures due process.5) In all restoration proceedings, the restoration applicant has the burden of proof to show any and all evidence indicating why the restoration applicant's license or privilege should be restored.6) In considering restoration of a revoked, surrendered, or suspended license, the Board Hearing Panel may evaluate factors that include, but are not limited to: (a) Severity of the act(s) that resulted in revocation, surrender, or suspension of license;(b) Conduct of the restoration applicant subsequent to the revocation, surrender, or suspension of license;(c) Compliance with all restoration requirements;(d) Whether petitioner is in violation of any applicable statute, Board Order, or rule or regulation of the Board;(e) Evidence of the restoration applicant's rehabilitation efforts;(f) Evidence of the restoration applicant's nursing competency;(g) Evidence of the restoration applicant's ability to safely practice nursing.E. The Board Hearing Panel may take the following action regarding an applicant for restoration: 1) Grant restoration of a Mississippi nursing license or privilege to practice;2) Grant restoration of a Mississippi nursing license or privilege to practice with conditions;3) Deny restoration of a Mississippi nursing license or privilege to practice;4) Deny restoration of a Mississippi nursing license or privilege to practice and provide recommended stipulations.5) In such cases in which the nursing license or privilege was revoked or denied due to drug/substance abuse, misuse, or appropriation, twelve (12) months of drug testing is required before restoration of the nursing license or privilege will be considered.F. The Board Hearing Panel shall render its Order, setting forth Findings of Fact and Conclusions of Law. Although the Board Hearing Panel's decision may be announced immediately following deliberations, the Board shall be provided adequate time for preparation of the written order, not to exceed forty-five (45) days after the hearing. A copy of such order shall be sent to Respondent via certified mail at his or her last known address or served personally upon Respondent. The decision of the Board Hearing Panel granting, granting with conditions, denying, or denying with recommendations the restoration applicant's license shall become final thirty (30) days after the Executive Director signs the Final Order of the Board Panel unless within said period the Respondent appeals the decision to the Full Membership of the Board as provided by Rule 1.10.30 Miss. Code. R. 2825-1.12