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Brent's Law

Nancy J. Brent, RN, MS, JD received her Juris Doctor from Loyola University Chicago School of Law and concentrates her own solo law practice in health law and legal representation, consultation, and education for health care professionals, school of nursing faculty, and health care delivery facilities.

Brent has conducted many seminars on legal issues in nursing and health care delivery across the country and has published extensively in the area of law and nursing practice.


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Although I sent in a renewal form, my license wasn’t renewed. How do I resolve this?
Thursday November 6, 2008
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Question:

Dear Nancy,

We moved several times. In 2005, I did not receive any RN renewal forms. During that time period, I was hospitalized for several months, and we lost our home due to my husband’s job loss. I phoned the state. They faxed me a renewal form, and I sent my $25 personal check). Nothing ever happened! My license remains inactive. Now what do I do? It seems unfair that I am in this position due to extenuating circumstances and mail delivery issues. How do I resolve this?

Charlene



Nancy Brent replies:

Dear Charlene,

The situation described in your question underscores several important points. The first is the absolute importance of keeping the state board of nursing notified when a nurse licensee changes his or her address. Without a current address and current name (e.g., change due to marriage or divorce), the board cannot contact the nurse since mailed renewal forms, notices of disciplinary actions, and so forth go to the last address listed, an address that is not current. If the mailed communication is not forwarded to the current address of the nurse licensee for whatever reason, it goes back to the board. After several times of this pattern occurring, the board has no choice but to take whatever other action is necessary under the circumstances.

You indicated you sent your check and renewal application to the board. Was the check cashed? Did you update your address when you sent the check and application to the board? Or, is this simply a clerical error; that is, the state did not change your license’s status? The answers to these questions may explain why your license remains on inactive status.

Another factor to consider in your situation may be the length of time your license was on inactive status. Some states require that after a certain length of time (e.g., five years), an inactive status can be changed only after a refresher course or some other requirement is fulfilled by the former licensee.

It would be a good idea to consult with a nurse attorney or attorney in your state who can review the circumstances and time frames in your particular situation and then advise you on how to proceed to return you license to active status.

Cordially,
Nancy



Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.



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