(1) The department may investigate license applications, and require the release of pertinent information or records, to assist the board in determining whether an applicant:

(a) meets licensure qualifications;

(b) is physically or mentally impaired through habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance to the extent that the use impairs the applicant in the performance of licensed professional duties;

(c) is impaired by mental illness or chronic physical illness that renders the applicant unable to practice nursing with reasonable skill and safety; or

(d) has past behavior constituting grounds for disciplinary action and denial or issuance of a probationary license per 37-1-137, MCA.

(2) The board shall review and make final licensing decisions on all nonroutine applications, which are applications having one or more of the following:

(a) license discipline, involving any professional license of the applicant, in this state, or another state, territory, country, or jurisdiction, that:

(i) is unresolved at the time of board review; or

(ii) resulted in conditions or restrictions against the license or the licensee that are not yet satisfied or discharged;

(b) voluntary or involuntary surrender of, or the placement of restrictions on the applicant's:

(i) hospital privileges;

(ii) health maintenance organization participation;

(iii) Medicaid/Medicare privileges; or

(iv) privilege to prescribe or dispense medications;

(c) diagnosis or other information indicating the applicant's physical or mental impairment by mental illness or chronic physical illness, and for which:

(i) treatment is ongoing; or

(ii) symptoms currently exist;

(d) diagnosis or other information indicating the applicant's physical or mental impairment by habitual intemperance or the excessive use of addictive drugs, alcohol, or any other drug or substance;

(e) the applicant's participation in a medical assistance program, known as NAP per subchapter 20 of these rules, or in an addiction treatment program, in this or any other state, territory, or jurisdiction within the past five years;

(f) the applicant's conviction of:

(i) a felony crime;

(ii) any crime involving the abuse of children, the elderly, or the disabled, or involving sexual abuse or assault;

(iii) any crime involving fraud, deceit, theft, or violence, or directly related to or committed during the course of the applicant's licensed practice, unless the conviction occurred more than five years ago and all court-ordered conditions have been fully satisfied or discharged; or

(iv) two or more misdemeanor convictions involving the use or sale of drugs or alcohol within five years of the date of application;

(g) the applicant settled or was adjudged liable for a claim of malpractice; or

(h) the applicant is unable to produce documentation of licensure requirements.

(3) An application deemed "nonroutine" under (2), based upon matters involving criminal convictions related to the use or sale of drugs or alcohol, substance use disorder/chemical dependency, or mental health, shall be resolved as follows:

(a) The department may issue a license to an applicant who:

(i) has satisfied or discharged all conditions of court-ordered sanctions;

(ii) was not subject to any finding of substance use disorder/chemical dependency; and

(iii) had no more than two drug or alcohol-related misdemeanor convictions within the past five years.

(b) The department may issue a license to an applicant with a finding of substance use disorder/chemical dependency if:

(i) the applicant completed all treatment requirements at least five years ago, including but not limited to monitoring requirements of this or any other state, territory, country, or jurisdiction; and

(ii) no relapses, no criminal charges filed, and no legal interventions in the past five years, including but not limited to domestic violence or employment actions.

(c) The Nurses Assistance Program (NAP) shall review all applications that do not result in issuance of a license under (a) or (b) as follows:

(i) NAP may seek additional documentation from the applicant;

(ii) NAP may request an applicant to consent to assessments and evaluations; and

(iii) NAP shall provide recommendations and rationale to the board including:

(A) an applicant's suitability for the NAP alternative track; or

(B) the necessity for further assessments or evaluation for substance use disorder/chemical dependency or mental health issues.

(4) The department may, but is not required to, submit any routine application for board review if the department finds inconsistencies, irregularities, or other matters of concern in the application or related documentation.