NAC640D.250. Contents of order of revocation of license; reinstatement of license following revocation.  


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  •      1. The Executive Officer shall, in each order of revocation, prescribe a period during which a licensee may not apply for the reinstatement of his or her license. The period must not be less than 1 year or more than 10 years.

         2. An applicant for the reinstatement of a license must:

         (a) Submit an application for reinstatement on a form prescribed by the Executive Officer;

         (b) Satisfy all the requirements for renewal of a license;

         (c) Attest that he or she has not, during the period of revocation of his or her license, violated any state or federal statute or regulation governing the practice of music therapy; and

         (d) Attest that there is no disciplinary action pending against the licensee before the Certification Board for Music Therapists or its successor organization.

         3. The Executive Officer may designate requirements in addition to the requirements of subsection 2 that must be satisfied before an applicant will be considered for reinstatement of his or her license, including, without limitation, completion of additional courses or programs if the applicant’s license has been revoked for more than 2 years.

         4. The Executive Officer:

         (a) Shall review an application for the reinstatement of a license to determine whether the application satisfies the requirements of this section; and

         (b) May deny an application for the reinstatement of a license which the Executive Officer determines does not satisfy those requirements.

         5. In considering an application for the reinstatement of a license which has been revoked, the Executive Officer shall evaluate:

         (a) The severity of the act which resulted in the revocation of the license;

         (b) The conduct of the applicant after the revocation of the license;

         (c) The lapse of time since the revocation of the license;

         (d) The degree of compliance by the applicant with any conditions the Executive Officer specified as a prerequisite for the reinstatement of the license;

         (e) The degree of rehabilitation attained by the applicant as evidenced by statements to the Executive Officer from qualified people who have professional knowledge of the applicant; and

         (f) The truthfulness of the attestations made by the applicant pursuant to subsection 2.

         6. After completing his or her evaluation, the Executive Officer shall deny or grant the reinstatement of the license.

         7. If the Executive Officer takes any disciplinary action against a licensee after the reinstatement of his or her license, the first such disciplinary action shall be deemed to be the licensee’s first offense.

     (Added to NAC by Bd. of Health by R077-12, eff. 12-20-2012)