Current through Register Vol. 30, No. 38, September 20, 2024
A. The Board may restore a license to a nurse
whose license has been suspended after the period of suspension if the licensee
provides written evidence that all requirements or conditions prescribed or
ordered in the consent agreement or Board order for suspension have been met to
the satisfaction of the Board. The Board may place conditions or limitations on
the restored license. The license of a nurse who fails to provide such evidence
of fulfilling the requirements or conditions prescribed by the Board shall
remain on suspended status until such submission and acceptance by the
Board.
B. A person whose nursing
license is denied, revoked, or voluntarily surrendered under A.R.S. §
32-1663 may
apply to the Board to issue or re-issue the license:
1. Five years from the date of denial or
revocation, or
2. In accordance
with the terms of a voluntary surrender agreement.
C. A person who applies for issuance or
re-issuance of a license under the conditions of subsection (B) is subject to
the following terms and conditions:
1. The
person shall submit a written application for issuance or re-issuance of the
license that contains substantial evidence that the basis for surrendering,
denying, or revoking the license has been removed and that the issuance or
re-issuance of the license will not be a threat to public health or
safety.
2. Safe practice.
a. Under A.R.S. §
32-1664(F),
the Board for reasonable cause may require a combination of mental, physical,
nursing competency, psychological, or psychiatric evaluations, or any
combination of evaluations, reports, and affidavits that the Board considers
necessary to determine the person's competence and conduct to safely practice
nursing.
b. Under A.R.S.
32-1664(K)
the Board may issue subpoenas and compel the
attendance of witnesses and the production of records and documentary evidence
relevant to the person's ability to safely practice nursing.
3. After receipt of the
application, the information required under subsection (C)(2), and the
completion of an investigation, the Board shall place the application on the
agenda of a regularly scheduled Board meeting.
4. After consideration of the application and
any information required under subsection (C)(2),the Board may:
a. Grant the license with or without
conditions or limitations;
b. If
other licensure requirements have been met, grant, with or without conditions,
a temporary license for the sole purpose of allowing the applicant to
successfully complete an approved nurse refresher course; or
c. Deny the license if the Board determines
that licensure might be harmful or dangerous to the health of a patient or the
public.
5. If the Board
orders a refresher course described in subsection (C)(4)(b) the Board shall
consider the applicant's performance in the approved refresher course and any
other evidence, if available, of the applicant's safety to practice, and either
deny the license under subsection (C)(4)(c) or grant the license with or
without conditions or limitations.
6. An applicant who is denied issuance or
re-issuance of a license shall have 30 days from the date of issuance of the
notice of denial from the Board to file a written request for hearing with the
Board. Hearings shall be conducted in accordance with A.R.S. Title 41, Chapter
6, Article 10 and 4 A.A.C. 19, Article 6.
