Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 35 - Contested Cases › Rule 657-35.36 - Application for Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
Any person whose license has been revoked or has been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 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)
Timing of application.
If the order for revocation, suspension, or acceptance of surrender of a
			 license 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 accepting surrender of a
			 license shall not be entitled to apply for reinstatement.
(2)
Initiated by respondent.
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			 license was revoked, suspended, or surrendered.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)
Contents.
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)
Review for
			 conformity.
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 accepted surrender
			 of 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)
Hearing and order.
Applications not denied for failure to conform to the terms established in the
			 board order that revoked, suspended, or accepted surrender of 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. Such terms may include, but are not limited to, requiring the
			 licensee to retake and pass an examination required for initial licensure,
			 requiring the licensee to complete continuing education, restricting the
			 licensee from engaging in a particular practice, and imposing a probationary
			 term with monitoring requirements. Nothing shall prohibit the board from
			 issuing an order granting reinstatement without terms, or from entering into a
			 stipulated order granting reinstatement with terms, in the absence of a
			 hearing.
(6)
License
			 reactivation.
A licensee whose license is reinstated must complete the
			 requirements for license reactivation in order to receive an active
			 license.
(7)
Public
			 record.
An order granting or denying reinstatement is a permanent
			 public record open for inspection under Iowa Code chapter
			 22.