Section 40-33-40 - Demonstration of competency for initial and renewal of licenses(A) Demonstration of competency for initial licensure requires documented evidence of the following: (1) graduation from an approved nursing education program; and(2) successful completion of the NCLEX appropriate to the area of licensure and appropriate credentials for advanced practice registered nursing licensure, if applicable.(B) Demonstration of competency for:(1) renewal of an active license biennially requires documented evidence of at least one of the following requirements during the licensure period: (a) completion of thirty contact hours from a continuing education provider recognized by the board;(b) maintenance of certification or recertification by a national certifying body recognized by the board;(c) completion of an academic program of study in nursing or a related field recognized by the board; or(d) verification of competency and the number of hours practiced, as evidenced by employer certification on a form approved by the board;(2) reinstatement from lapsed or inactive status of five years or less requires documented evidence of at least one of the following within the preceding two years: (a) completion of thirty contact hours from a continuing education provider recognized by the board and successful completion of a course in legal aspects approved by the board;(b) maintenance of certification or recertification by a national certifying body recognized by the board;(c) completion of an academic program of study in nursing or a related field recognized by the board;(d) verification of competency and the number of hours practiced, as evidenced by employer certification on a form approved by the board; or(e) successful completion of a refresher course approved by the board;(3) reinstatement from lapsed or inactive status of more than five years requires documented evidence of at least one of the following within the preceding two years: (a) successful completion of a refresher course approved by the board; or(b) successful completion of the NCLEX appropriate to the area of licensure.(C) Demonstration of competency for reinstatement from lapsed or inactive status or licensure of a person who holds a current authorization to practice in another state or jurisdiction in this country or territory or dependency of the United States requires documented evidence of at least one of the requirements in subsection (B) during the preceding two years.(D) Failure to comply with applicable continued competency requirements results in nonrenewal or denial of the application. A licensee shall maintain all documented evidence of compliance for at least four years. This documented evidence must be presented by the licensee within five business days of request by a representative of the department acting in its discretion or in accordance with a random audit of a sample of licensees. Failure to provide satisfactory documented evidence of compliance within the prescribed time results in the immediate temporary suspension or cancellation of the license pending compliance with all requirements for licensure and until order of the board.2008 Act No. 194, Section 5; 2004 Act No. 225, Section 1.