Current through Register Vol. 42, No. 11, August 30, 2024
(1) Application for reinstatement of a
revoked permit 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 permit shall include:
(a) The
non-refundable application fee.
(b)
Detailed letter of explanation regarding the circumstances that resulted in the
revocation of the permit and actions the applicant has taken to address the
issue.
(c) Documented evidence of
any continuing education requirements for reinstatement of a lapsed
permit.
(d) Verification of the
status of all health-care related licenses, certifications, permits and
registrations from each jurisdiction/entity where a license, certification,
permit or registration has ever been issued and certified copies of any
disciplinary order(s) issued by any jurisdiction/entity where a license,
certification, permit 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 permit and the actions the applicant has
taken to address the issue.
(f) If
the circumstances that resulted in the revocation of the permit involved
allegations of substance abuse, substance dependence, or drug diversion, the
applicant shall provide:
1. Documented
evidence of a comprehensive substance use disorder evaluation and fitness to
return to the practice without any Board monitoring, which evaluation shall be
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.
(g) If the circumstances that resulted in the
revocation of the permit 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 s fit to return to practice without any
Board monitoring.
(h)
Executed releases authorizing the sharing of information between and
communication with all necessary healthcare providers and Board
staff.
(i) Submission of results of
all required evaluations conducted by a Board acceptable licensed healthcare
provider in consultation with Board staff.
(j) 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.
(k) 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.
(l) 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 D0214 Members 4 copy).
(m) For every period of employment since
revocation of the applicant's Alabama nursing license, 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 permit 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 permit may be resolved either informally or through the administrative
hearing process.
(5) In considering
reinstatement of a revoked permit, the Board may evaluate factors that include
but are not limited to:
(a) Severity of the
act(s) that resulted in revocation of the permit.
(b) Conduct of the applicant subsequent to
the revocation of permit.
(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.