1. (1) Application for a license following denial of licensure shall:

   1. (a) Include evidence of rehabilitation, or elimination or resolution of the conditions for denial.
   2. (b) Be made according to Chapter 798-X-5.
2. (2) Board action on applications following denial of licensure may be resolved either informally or through the formal hearing process.

3. (3) In considering a subsequent application for licensure, the Board may evaluate factors that include but are not limited to:

   1. (a) The severity of the act(s) or omission(s) which resulted in the denial of license.
   2. (b) The conduct of the applicant subsequent to the denial of license.
   3. (c) The lapse of time since denial of license.
   4. (d) Compliance with any conditions stipulated by the Board as a prerequisite for a subsequent application.
   5. (e) Rehabilitation attained by the applicant as evidenced by statements provided directly to the Board from qualified individuals who have professional knowledge of the applicant.
   6. (f) Whether the applicant is in violation of any applicable statute or rule.

Author: The Alabama State Board of Respiratory Therapy

Statutory Authority: Code of Ala. 1975, §§34-27B-1 thru 34-27B-17.

History: New Rule: Filed May 16, 2005; refilled August 10, 2005; effective September 14, 2005.