Iowa Administrative Code › Agency 655 - Nursing Board › Chapter 20 - Contested Cases › Rule 655-20.36 - Application for Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
Any person whose license to practice nursing has been revoked
				or has been voluntarily surrendered may apply for reinstatement. An application
				for reinstatement must be made in accordance with the terms specified in the
				board's order of revocation or order accepting the voluntary surrender. Any
				person whose license to practice nursing has been suspended and the board order
				imposing the suspension indicates that the respondent must apply for and
				receive reinstatement may apply for reinstatement in accordance with the terms
				specified in the board's order. All applications for reinstatement must be
				filed in accordance with this rule.
(1)
			 If the order for revocation, suspension, or surrender did not establish terms
			 for reinstatement, an initial application for reinstatement may not be filed
			 until at least one year has elapsed from the date of issuance of the order.
			 Persons who have failed to satisfy the terms imposed by the board order
			 revoking, suspending, or surrendering a license shall not be entitled to apply
			 for reinstatement.
(2)
			 Reinstatement proceedings shall be initiated by the respondent, who shall file
			 with the board an application for reinstatement of the respondent's license.
			 Such application shall be docketed in the original contested case in which the
			 license was revoked, suspended, or surrendered. The person filing the
			 application for reinstatement shall immediately serve a copy upon the office of
			 the attorney general and shall serve any additional documents filed in
			 connection with the application.
(3) The application shall allege facts and
			 circumstances which, if established, will be sufficient to enable the board to
			 determine that the basis for the revocation, suspension, or surrender no longer
			 exists and that it shall be in the public interest for the license to be
			 reinstated. The application shall include written evidence supporting the
			 respondent's assertion that the basis for the revocation, suspension, or
			 surrender no longer exists and that it shall be in the public interest for the
			 license to be reinstated. Such evidence may include, but is not limited to:
			 medical and mental health records establishing successful completion of any
			 necessary medical or mental health treatment and aftercare recommendations;
			 documentation verifying successful completion of any court-imposed terms of
			 probation; statements from support group sponsors verifying active
			 participation in a support group; verified statements from current and past
			 employers attesting to employability; and evidence establishing that prior
			 professional competency or unethical conduct issues have been resolved. The
			 burden of proof to establish such facts shall be on the respondent.
(4) The executive director or designee shall
			 review the application for reinstatement and determine if it conforms to the
			 terms established in the board order that revoked, suspended, or surrendered
			 the license and the requirements imposed by this rule. Applications failing to
			 comply with the specified terms or with the requirements in this rule will be
			 denied. Such denial shall be in writing, stating the grounds, and may be
			 appealed by requesting a hearing before the board.
(5) Applications not denied for failure to
			 conform to the terms established in the board order that revoked, suspended, or
			 surrendered the license or requirements imposed by this rule may be set for
			 hearing before the board. The hearing shall be a contested case hearing within
			 the meaning of Iowa Code section 17A. 12, and the order to grant or deny
			 reinstatement shall incorporate findings of fact and conclusions of law. If
			 reinstatement is granted, terms may be imposed. Nothing shall prohibit the
			 board from entering into a stipulated order granting reinstatement with or
			 without terms in the absence of a hearing.
(6) A nurse whose license is reinstated must
			 complete the requirements for license reactivation in order to receive an
			 active license.
(7) An order
			 granting or denying reinstatement is a permanent public record open for
			 inspection under Iowa Code chapter 22.