(a) A person whose license to practice nursing in this state has been revoked, suspended, or surrendered may apply for reinstatement of the license.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.
(b) A petition for reinstatement shall be in writing and in the form prescribed by the Board.
(c) Petitioner's appearance at any hearing concerning reinstatement of a license shall be in person unless otherwise approved by the executive director.
(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 license may be reissued with a limited practice designation or with stipulations. If petition for reinstatement is denied, Petitioner may request a hearing before SOAH.
(e) In considering reinstatement of a surrendered, suspended, or revoked license, the Board will evaluate:
  (1) the conduct which resulted in voluntary surrender, suspension, or revocation of the license;
  (2) the conduct of the petitioner subsequent to the suspension, revocation, or acceptance of surrender of license;
  (3) the lapse of time since suspension, revocation, or acceptance of surrender;
  (4) compliance with all conditions imposed by the Board as a prerequisite for issuance of the license; and
  (5) the petitioner's present qualification to practice 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 August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884