Sec 32-3275. Requirements for licensure; withdrawal of application

A. An applicant for licensure must meet all of the following requirements:

1. Submit an application as prescribed by the board.

2. Be at least twenty-one years of age.

3. Be of good moral character. The board's standard to determine good moral character shall not violate federal discrimination laws.

4. Pay all applicable fees prescribed by the board.

5. Have the physical and mental capability to safely and competently engage in the practice of behavioral health.

6. Not have committed any act or engaged in any conduct that would constitute grounds for disciplinary action against a licensee pursuant to this chapter.

7. Not have had a professional license or certificate refused, revoked, suspended or restricted by this state or any other regulatory jurisdiction in the United States or any other country for reasons that relate to unprofessional conduct.

8. Not have voluntarily surrendered a professional license or certificate in this state or another regulatory jurisdiction in the United States or any other country while under investigation for conduct that relates to unprofessional conduct.

9. Not have a complaint, allegation or investigation pending before the board or another regulatory jurisdiction in the United States or another country that relates to unprofessional conduct. If an applicant has any such complaint, allegation or investigation pending, the board shall suspend the application process and may not issue or deny a license to the applicant until the complaint, allegation or investigation is resolved.

B. If the board finds that an applicant is subject to subsection A, paragraphs 5 through 8 of this section, the board may determine to its satisfaction that the conduct or condition has been corrected, monitored and resolved and may issue a license. If the conduct or condition has not been resolved, the board may determine to its satisfaction that mitigating circumstances exist that prevent its resolution and may issue a license.

C. If an applicant has a deficiency pursuant to subsection A, paragraphs 5 through 8 of this section, the board shall notify the applicant of the deficiency and the time when the board will review the application at a public meeting. This meeting must take place within thirty-five days after the notification. At the time of the meeting, the applicant may provide in person, by counsel or in written form information and evidence related to any deficiency, including information related to whether the conduct that was the basis for an action pursuant to subsection A, paragraph 6, 7 or 8 of this section has been corrected, monitored and resolved or if mitigating circumstances exist that prevent its resolution. In a notice of denial the board shall provide notification of the right to a hearing pursuant to title 41, chapter 6, article 10. If the applicant does not present information at the public board meeting, the applicant may still seek all available administrative remedies.

D. An applicant for licensure may withdraw the application unless the board has sent to the applicant notification that the board has initiated an investigation concerning professional misconduct. Following that notification the applicant may request that the board review the applicant's request to withdraw the application. In considering the request the board shall determine whether it is probable that the investigation would result in an adverse action against the applicant.

E. After a final board order of denial has been issued, the board shall report the denial if required by the health care quality improvement act of 1986 (42 United States Code section 11101). For the purposes of this subsection and except as required by federal law, "final board order" means:

1. For an applicant who seeks a hearing pursuant to title 41, chapter 6, article 10, when a final administrative decision has been made.

2. For an applicant who does not timely file a notice of appeal, after the time for the filing expires pursuant to section 41-1092.03.