| (B) If the applicant has not been in clinical practice
for more than the past four years, the applicant shall provide evidence
of satisfactory completion of 45 contact hours of pharmacotherapeutics
within the two years prior to application. The applicant must also
successfully complete a refresher course or an extensive orientation
in the appropriate APRN role and population focus area that includes
a supervised clinical component by a qualified preceptor who meets
the requirements of §221.10 of this chapter.
(C) The course(s)/orientation shall be of sufficient
length to satisfy the learning needs of the applicant and to assure
that he/she meets the minimum standard for safe, competent care and
include a minimum of 400 hours of current practice as described in
this paragraph. The course(s)/orientation shall cover the entire scope
of the authorized APRN role and population focus area. Content shall
comply with the requirements specified in the form titled "Requirements
for APRN Refresher Course or Extensive Orientation", which is adopted
by reference in §221.10 of this chapter.
(D) The preceptor must provide written verification
of satisfactory completion of the refresher course/extensive orientation
on forms provided by the Board and assurance that the individual has
reviewed current practice-related information pertinent to his/her
APRN role and population focus area.
(4) Identification of any state, territory, or country
in which the applicant holds a professional license or credential,
if applicable, must be provided. Required information includes:
(A) The number, type, and status of the license or
credential; and
(B) The original state or country of licensure or credentialing.
(5) An applicant must provide the date and jurisdiction
the applicant previously applied for a license in another jurisdiction
and either was denied a license, withdrew the application, or allowed
the application to expire, as applicable.
(6) An applicant must provide a detailed explanation
and supporting documentation for each affirmative answer to questions
regarding the applicant's eligibility for licensure.
(7) An individual who has reason to believe that he
or she may be ineligible for APRN licensure or prescriptive authorization
may petition the Board for a declaratory order as to his or her eligibility
by submitting a petition, on forms provided by the Board, and the
fee required in §223.1 of this title (relating to Fees).
(A) The petition shall include:
(i) a statement by the individual indicating the reason(s)
and basis of his/her potential ineligibility;
(ii) if the potential ineligibility is due to the individual's
criminal history, all court documents, including, but not limited
to: indictments, agreements for pre-trial diversion or deferred prosecution,
orders of deferred adjudication, judgments, probation records, and
evidence of completion of probation, as applicable;
(iii) if the potential ineligibility is due to the
individual's mental health condition or diminished capacity, verifiable
and reliable evidence of controlled behavior and consistent compliance
with recommended treatment, including compliance with a prescribed
medication regime, for a reasonable amount of time, as applicable;
(iv) if the potential ineligibility is due to the individual's
substance use disorder and/or the abuse/misuse of alcohol or drugs,
verifiable and reliable evidence of sobriety and abstinence from drugs
and alcohol, which may include evidence of the completion of inpatient,
outpatient, or aftercare treatment, random drug screens, individual
or group therapy, and/or support group attendance; and
(v) an evaluation that meets the criteria of the Occupations
Code §301.4521 and §213.33 of this chapter (relating to
Factors Considered for Imposition of Penalties/Sanctions), if applicable.
(B) Once the Board has received all necessary information,
including the information required by subparagraph (A) of this paragraph,
an investigation shall be conducted. The investigation will be based
upon an evaluation of the individualized factors of the case, the
potential risk of harm the individual's practice may pose to patients/clients
and/or the public, and the individual's ability to meet the requirements
of §213.27 (relating to Good Professional Character), §213.28
(relating to Licensure of Individuals with Criminal History), and §213.29
(relating to Fitness to Practice) of this title, as applicable. Based
upon the individualized facts of the case, the Board may approve licensure
or prescriptive authorization without encumbrance, impose probationary
conditions or restrictions on the individual's ability to practice
advanced practice nursing in this state, or limit or deny licensure
or prescriptive authorization.
(C) If the Executive Director proposes to find the
individual ineligible for licensure or prescriptive authorization,
the individual may obtain a hearing before the State Office of Administrative
Hearings (SOAH). The Executive Director shall have discretion to set
a hearing and give notice of the hearing. The hearing shall be conducted
in accordance with §213.22 of this title (relating to Formal
Proceedings) and the rules of SOAH. When in conflict, SOAH's rules
of procedure will prevail. The decision of the Board shall be rendered
in accordance with §213.23 of this title (relating to Decision
of the Board).
(D) An individual whose petition is denied may re-petition
or seek licensure or prescriptive authorization after the expiration
of one year from the date of the proposal to deny eligibility.
(8) APRN applicants who wish to practice in more than
one role and/or population focus area shall complete additional education
in the desired area(s) of licensure in compliance with the educational
requirements set forth in this chapter and meet all requirements for
licensure in each additional role or population focus area. To apply
for licensure for more than one role and/or population focus area,
the applicant shall submit a separate application and fee for each
desired role and/or population focus area. Addition licensure is required
for those licensed APRNs seeking to include an additional:
(A) APRN role and population focus area;
(B) Population focus area within the same APRN role;
or
(C) APRN role within the same population focus area.
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