Section 11-177.1-41 - Reinstatement following revocation(a) A certificate holder who has had his or her certificate revoked may submit a written request to the department to have eligibility for certification reinstated. If such permission is granted, the revoked certificate holder shall be allowed to apply for certification.(b) A request to apply for reinstatement of eligibility shall not be submitted until five years or more after the effective date of the initial revocation.(c) A request to apply for reinstatement of eligibility shall include a statement detailing the reasons why permission to apply for certification should be granted.(d) Upon receipt of a request for reinstatement of eligibility, the department shall forward the request and any supporting documentation to the advisory board for review.(e) The advisory board shall review the request and supporting documentation, if any, and shall prepare a written recommendation for the department regarding reinstatement of eligibility.(f) The department shall review the request for reinstatement of eligibility, the submitted basis therefor, and the recommendation of the advisory board and shall grant or deny reinstatement of eligibility based on the following: (1) The presence or absence of demonstrated evidence that clearly shows that the misconduct which formed the basis of the revocation has been actively addressed;(2) The seriousness and nature of the misconduct which formed the basis of the revocation;(3) If appropriate and requested by the department, an evaluation submitted by a qualified health professional with expertise in the identified area of impairment; and(4) The likelihood that client safety and quality of care would not be jeopardized in any way by reinstatement.(g) The revoked certificate holder shall be notified by mail of a decision on reinstatement of eligibility within sixty days of receipt of the initial written request. If reinstatement of eligibility is granted, the notice of decision shall include information detailing the procedures that must be followed by the revoked certificate holder in order to apply for certification, as well as any additional training or education that may be required by the department.(h) Denial of reinstatement under this section is not subject to appeal.Haw. Code R. § 11-177.1-41
[Eff 6/04/01; am and comp DEC 16 2010] (Auth: HRS § 321-196) (Imp: HRS § 321-193)