32-1427. Application; hearing on deficiencies
in application; interview; probationary license


A. Each applicant for licensure shall submit a completed application as
prescribed by the board together with the fee prescribed in this article. The board may
require the submission of any evidence, credentials and other proof necessary for it to
verify and determine if the applicant meets the requirements for licensure.


B. Each application submitted pursuant to this section shall contain the oath of
the applicant that:


1. All of the information contained in the application and accompanying evidence or
other credentials submitted are true.


2. The credentials submitted with the application were procured without fraud or
misrepresentation or any mistake of which the applicant is aware and that the applicant
is the lawful holder of the credentials.


3. The applicant authorizes the release of any information from any source
requested by the board necessary for initial and continued licensure in this state.


C. All applications, completed or otherwise, together with all attendant evidence,
credentials and other proof submitted with the applications are the property of the
board.


D. The board, promptly and in writing, shall inform an applicant of any deficiency
in the application that prevents the application from being processed.


E. On request the board shall grant an applicant who disagrees with the statement
of deficiency a hearing before the board at its next regular meeting if there is time at
that meeting to hear the matter. The board shall not delay this hearing beyond one
regularly scheduled meeting. At any hearing granted pursuant to this subsection, the
burden of proof is on the applicant to demonstrate that the alleged deficiencies do not
exist.


F. Applications are considered withdrawn:


1. On the applicant's written request.


2. Except for good cause shown, if the applicant does not appear for an interview
with the board.


3. If the applicant does not submit within one year of notification the necessary
evidence, credentials or other proof identified by the board as being deficient pursuant
to subsection D of this section.


G. The board may deny a license to an applicant who does not meet the requirements
of this article.


H. If an applicant does not meet the requirements of section 32-1422, subsection A,
paragraph 3 the board may issue a license subject to any of the following probationary
conditions:


1. Require the licensee's practice to be supervised by another physician.


2. Restrict the licensee's practice.


3. Require the licensee to continue medical or psychiatric treatment.


4. Require the licensee to participate in a specified rehabilitation program.


5. Require the licensee to abstain from alcohol and other drugs.


I. If the board offers a probationary license to an applicant pursuant to
subsection H of this section, it shall notify the applicant in writing of the following:


1. The applicant's specific deficiencies.


2. The probationary period.


3. The applicant's right to reject the terms of probation.


4. If the applicant rejects the terms of probation, the applicant's right to a
hearing on the board's denial of the application.