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24.159.403    NONROUTINE APPLICATIONS

(1) A nonroutine application means an application submitted to the board in which the applicant has one or more of the following:

(a) a pending or completed disciplinary action involving licensure in this state, another state, territory, or jurisdiction;

(b) voluntarily or involuntarily surrendered or had restrictions placed on hospital privileges, health maintenance organization participation, or Medicaid/Medicare privileges;

(c) voluntarily or involuntarily surrendered or restrictions placed on the privilege to prescribe or dispense medications;

(d) a physical or mental condition or the use of alcohol or other mood-altering substances that may adversely affect the applicant's ability to practice nursing;

(e) conviction for a crime directly related to or committed during the course of the applicant's licensed practice;

(f) a total of two or more misdemeanor convictions, one of which occurred within five years of the date of application;

(g) a conviction or a deferred prosecution for a felony crime;

(h) an incomplete term of probation for a criminal conviction;

(i) loss of documentation due to natural disaster or national emergency;

(j) completed nursing education in a foreign nation;

(k) completed nursing education in a branch of the U.S. military; or

(l) inconsistencies in the information contained in the application or supporting documentation for the application.

(2) The department shall review all nonroutine applications and request additional information or documentation of the applicant, as necessary.

(3) The department, in consultation with the legal staff and in accord with board policies, shall determine whether to issue the applicant a temporary practice permit.

(4) The board may review nonroutine applications to make the final licensing decisions.

(5) An applicant whose application for licensure is denied by the board may request, in writing within 20 days of the denial, a contested case hearing before an impartial hearings examiner, in accord with the provisions of the Administrative Procedures Act, Title 2, chapter 4, part 6, MCA.

History: 37-1-131, 37-8-202, MCA; IMP, 37-1-101, 37-1-131, 37-8-405, 37-8-406, 37-8-415, 37-8-416, 37-8-421, MCA; NEW, 2009 MAR p. 1404, Eff. 8/14/09.

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