1. (a) A person whose license to practice professional nursing in this state has been revoked, suspended or surrendered, may apply for reinstatement of the license. In the case of revocation, petition shall not be made prior to one year after the effective date of the revocation. The Board may approve or deny a petition. In the case of denial, the Board may set a reasonable time that must elapse before another petition may be filed. The Board may impose reasonable conditions that a petitioner must satisfy before reinstatement of an unencumbered license.
2. (b) A petition for reinstatement shall be in writing and in the form prescribed by the Board.
3. (c) Petitioner's appearance at any hearing concerning reinstatement of a license shall be in person unless otherwise approved by the executive director.
4. (d) The burden of proof is on the petitioner to prove present fitness to practice as well as compliance with all terms and conditions imposed as a part of any revocation, surrender or suspension. A reinstated license may be limited or a stipulated license may be issued. If petition for reinstatement is denied, Petitioner may request an ALJ hearing.

5. (e) In considering reinstatement of a surrendered, suspended or revoked license, the Board will evaluate:

   1. (1) the conduct which resulted in voluntary surrender, suspension, or revocation of the license;
   2. (2) the conduct of the petitioner subsequent to the suspension, revocation, or acceptance of surrender of license;
   3. (3) the lapse of time since suspension, revocation, or acceptance of surrender;
   4. (4) compliance with all conditions imposed by the Board as a prerequisite for issuance of the license; and
   5. (5) the petitioner's present qualification to practice professional nursing based on his or her history of nursing related employment or education.

Source Note:The provisions of this §213.26 adopted to be effective September 1, 1998, 23 TexReg 6444.