Idaho Admin. Code r. 24.34.01.132 - RESTRICTED LICENSES

Current through August 30, 2021

Restricted licenses may be issued to qualified individuals in four (4) categories: post-discipline, non-practicing status, restricted status, and substance use and mental health disorders. Failure to comply with the terms and conditions of a restricted license will be cause for summary suspension. (7-1-21)T

01. Following Disciplinary Action. (7-1-21)T
a. After evaluation of an application for licensure reinstatement, the Board may issue a restricted license to a nurse whose license has been revoked. (7-1-21)T
b. The Board will specify the conditions of issuance of the restricted license in writing. The conditions may be stated on the license. (7-1-21)T
02. Non-Practicing Status. (7-1-21)T
a. Individuals who are prevented from engaging in the active practice of nursing may be issued a restricted license. (7-1-21)T
b. Non-practicing status does not entitle the licensee to engage in the active practice of nursing. The status will be noted on the license. (7-1-21)T
c. The non-practicing restriction may be removed by the Board following receipt and evaluation of evidence satisfactory to the Board confirming that the licensee's physical or mental health status no longer prevents the individual from engaging in the active practice of nursing. (7-1-21)T
03. Restricted Status. (7-1-21)T
a. Individuals whose disabilities restrict or inhibit their ability to provide a full range of nursing services may be issued a restricted license. (7-1-21)T
b. The conditions may include, but are not limited to: (7-1-21)T
i. Notifying the Board of changes in employment status. (7-1-21)T
ii. Submission of regular reports by the employer or by such other entities or individuals as the Board may desire. (7-1-21)T
iii. Meeting with Board representatives. (7-1-21)T
iv. Specific parameters of practice, excluding the performance of specific nursing functions. (7-1-21)T
d. The conditions of restricted practice may be removed by the Board following receipt and evaluation of satisfactory evidence confirming that the health status of the licensee no longer restricts or inhibits the person's ability to provide a full range of nursing services. (7-1-21)T
04. Disability Due to Substance Use Disorder or Mental Health Disorder. (7-1-21)T
a. Individuals whose practice is or may be impaired due to substance use disorder or to mental health disorder may qualify for issuance of a restricted license as an alternative to discipline. (7-1-21)T
b. The executive director may restrict the license of an individual who has a substance use disorder or mental health disorder for a period not to exceed five (5) years and who: (7-1-21)T
i. Holds a current license to practice in Idaho as a registered nurse, advanced practice registered nurse, or licensed practical nurse, or is otherwise eligible, and is in the process of applying for licensure; (7-1-21)T
ii. Has a demonstrated or diagnosed substance use disorder or mental health disorder such that ability to safely practice is, or may be, impaired; (7-1-21)T
iii. Sign a written statement admitting to all facts that may constitute grounds for disciplinary action or demonstrate impairment of the safe practice of nursing, and waiving the right to a hearing and all other rights to due process in a contested case under the Idaho Administrative Procedures Act and the Nursing Practice Act; and (7-1-21)T
iv. Submit reliable evidence, satisfactory to the executive director, that they are competent to safely practice nursing before being authorized to return to active practice. (7-1-21)T
c. If ordered, the applicant must satisfactorily complete a treatment program accepted by the Board. (7-1-21)T
d. The applicant agrees to participation in the Board's monitoring program. (7-1-21)T
e. Admission to the Program for Recovering Nurses or issuance of a restricted license, or both, may be denied for any reason including, but not limited to the following: (7-1-21)T
i. The applicant diverted controlled substances for other than self-administration; or (7-1-21)T
ii. The applicant creates too great a safety risk; or (7-1-21)T
iii. The applicant has been terminated from this, or any other, alternative program for non-compliance. (7-1-21)T
f. Upon satisfactory compliance with all of the terms of the restricted license, and provided that the licensee demonstrates that they are qualified and competent to practice nursing, the executive director will lift the restriction imposed. (7-1-21)T
05. Compliance Required. Restricted licensure is conditioned upon the individual's prompt and faithful compliance with terms and conditions, which may include: (7-1-21)T
a. Satisfactory progress in any ordered continuing treatment or rehabilitation program. (7-1-21)T
b. Regular and prompt notification to the Board of changes in name and address of self or any employer. (7-1-21)T
c. Obtaining of performance evaluations prepared by the employer to be submitted at specified intervals and at any time upon request. (7-1-21)T
d. Continuing participation in, and compliance with all recommendations and requirements of, the approved treatment or rehabilitation program, and obtaining of reports of progress submitted by the person directing the treatment or rehabilitation program at specified intervals and at any time upon request. (7-1-21)T
e. Submission of self-evaluations and personal progress reports at specified intervals and at any time upon request. (7-1-21)T
f. Submission of reports of supervised random alcohol/drug screens at specified intervals and at any time upon request. Participant is responsible for reporting as directed, submitting a sufficient quantity of sample to be tested, and payment for the screening. (7-1-21)T
g. Meeting with the Board's professional staff or advisory committee at any time upon request. (7-1-21)T
h. Working only in approved practice settings. (7-1-21)T
i. Authorization by licensee of the release of applicable records pertaining to assessment, diagnostic evaluation, treatment recommendations, treatment and progress, performance evaluations, counseling, random chemical screens, and after-care at periodic intervals as requested. (7-1-21)T
j. Compliance with all laws pertaining to nursing practice, all nursing standards, and all standards, policies and procedures of licensee's employer relating to any of the admitted misconduct or facts as set out in the written statement signed by licensee, or relating to the providing of safe, competent nursing service. (7-1-21)T
k. Compliance with other specific terms and conditions as may be directed by the executive director. (7-1-21)T
06. Summary Suspension - Lack of Compliance. (7-1-21)T
a. Any failure to comply with the terms and conditions of a restricted license is deemed to be an immediate threat to the health, safety, and welfare of the public and the executive director will, upon receiving evidence of any such failure, summarily suspend the restricted license. (7-1-21)T
i. Summary suspension of a restricted license may occur if, during participation in the program, information is received which, after investigation, indicates the individual may have violated a provision of the law or Board rules governing the practice of nursing. (7-1-21)T
b. An individual whose restricted license has been summarily suspended by the executive director may request a hearing regarding the suspension by certified letter addressed to the Board. If the individual fails to request a hearing within twenty (20) days after service of the notice of suspension by the executive director, the right to a hearing is waived. If a hearing is timely requested, after the hearing the Board will enter an order affirming or rejecting summary suspension of the restricted license and enter such further orders revoking, suspending, or otherwise disciplining the nursing license as may be necessary. The above provisions do not limit or restrict the right of Board staff to bring any summary suspension order before the Board for further proceedings, even if the licensee has not requested a hearing. (7-1-21)T
c. The Board may, for good cause, stay any order of the executive director or may modify the terms and conditions of a restricted license as deemed appropriate to regulate, monitor or supervise the practice of any licensee. (7-1-21)T

Notes

Idaho Admin. Code r. 24.34.01.132

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