Section R4-19-404. Re-issuance or Subsequent Issuance of License

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 evi- dence of fulfilling the requirements or conditions prescribed by the Board shall remain on suspended status until such sub- mission and acceptance by the Board.

B.       A person whose nursing license is denied, revoked, or volun- tarily 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 follow- ing terms and conditions:

1.        The person shall submit a written application for issuance or re-issuance of the license that contains substantial evi- dence that the basis for surrendering, denying, or revok- ing 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 reason- able cause may require a combination of mental, physical, nursing competency, psychological, or psychiatric evaluations, or any combination of eval- uations, reports, and affidavits that the Board con- siders 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 sub- poenas 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 investi- gation, the Board shall place the application on the agenda of a regularly scheduled Board meeting.

4.        After consideration of the application and any informa- tion required under subsection (C)(2),the Board may:

a.         Grant the license with or without conditions or lim- itations;

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 suc- cessfully complete an approved nurse refresher course; or

c.         Deny the license if the Board determines that licen- sure might be harmful or dangerous to the health of a patient or the public.

5.        If the Board orders a refresher course described in sub- section (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.

Historical Note

Former Section R4-19-30 renumbered and amended as Section R4-19-45 effective February 20, 1980 (Supp. 80- 1). Former Section R4-19-45 renumbered as Section R4- 19-404 (Supp. 86-1). Section repealed, new Section adopted effective July 19, 1995 (Supp. 95-3). Amended by final rulemaking at 14 A.A.R. 4621, effective January 31, 2009 (Supp. 08-4).