| (a) An applicant for licensure:
(1) whose documentation indicates any name other than
the name under which the applicant has applied must furnish proof
of the name change;
(2) whose applications have been filed with the board
in excess of one year will be considered expired. Any fee previously
submitted with that application shall be forfeited unless otherwise
provided by §175.5 of this title (relating to Payment of Fees
or Penalties). Any further request for licensure will require submission
of a new application and inclusion of the current licensure fee. An
extension to an application may be granted under certain circumstances,
including:
(A) Delay by board staff in processing an application;
(B) Application requires Licensure Committee review
after completion of all other processing and will expire prior to
the next scheduled meeting;
(C) Licensure Committee requires an applicant to meet
specific additional requirements for licensure and the application
will expire prior to deadline established by the Committee;
(D) Applicant requires a reasonable, limited additional
period of time to obtain documentation after completing all other
requirements and demonstrating diligence in attempting to provide
the required documentation;
(E) Applicant is delayed due to unanticipated military
assignments, medical reasons, or catastrophic events;
(3) who in any way falsifies the application may be
required to appear before the board. It will be at the discretion
of the board whether or not the applicant will be issued a license;
(4) on whom adverse information is received by the
board may be required to appear before the board. It will be at the
discretion of the board whether or not the applicant will be issued
a license;
(5) shall be required to comply with the board's rules
and regulations which are in effect at the time the completed application
form and fee are received by the board; and
(6) must complete and submit an accurate and complete
application.
(b) Review and Recommendations by the Executive Director.
(1) The executive director or designee shall review
applications for licensure and may determine whether an applicant
is eligible for licensure or refer an application to a committee of
the board for review.
(2) If the executive director or designee determines
that the applicant clearly meets all licensing requirements, the executive
director or designee, may issue a license to the applicant, to be
effective on the date issued without formal board approval, as authorized
by §603.151 of the Act.
(3) If the executive director determines that the applicant
does not clearly meet all licensing requirements as prescribed by
the Act and this chapter, a license may be issued only upon action
by the board following a recommendation by the Licensure Committee,
in accordance with §603.151 and §603.255 of the Act and
§187.13 of this title (relating to Informal Board Proceedings
Relating to Licensure Eligibility). Not later than the 20th day after
the date the applicant receives notice of the executive director's
determination the applicant shall:
(A) request a review of the executive director's recommendation
by a committee of the board conducted in accordance with §187.13
of this title; or
(B) withdraw his or her application.
(C) If an applicant fails to take timely action, as
provided under this subsection, such inaction shall be deemed a withdrawal
of his or her application.
(4) To promote the expeditious resolution of any licensure
matter, the executive director, with the approval of the board, may
recommend that an applicant be eligible for a license, but only under
certain terms and conditions and present a proposed agreed order or
remedial plan to the applicant. Not later than the 20th day after
the date the applicant receives notice of the executive director's
recommendation, the applicant shall do one of the following:
(A) sign the order/remedial plan and the order/remedial
plan shall be presented to the board for consideration and acceptance
without initiating a Disciplinary Licensure Investigation (as defined
in §187.13 of this title) or appearing before a committee of
the board concerning issues relating to licensure eligibility; or
(B) request a review of the executive director's recommendation
by a committee of the board conducted in accordance with §187.13
of this title; or
(C) withdraw his or her application.
(D) If an applicant fails to take timely action, as
provided under this subsection, such inaction shall be deemed a withdrawal
of his or her application.
(c) Committee Referrals. An applicant who has either
requested to appear before the licensure committee of the board or
has elected to be referred to the licensure committee of the board
due to a determination of ineligibility by the Executive Director
in accordance with section, in lieu of withdrawing the application
for licensure, may be subject to a Disciplinary Licensure Investigation
as defined in §187.13 of this title. Review of the executive
director's determination by a committee of the board shall be conducted
in accordance with §187.13 of this title.
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