BON ignoring me

[lexielynn]

I have been under contract with the BON since August, 2009. I have consistently followed all of the contractual stipulations (UA's, meetings, counceling...) but this past October, when licenses were due to be renewed, I forgot to renew. I was not, and am not, employed as an RN. I realized my mistake in February and sent in an application for reinstatement. I recieved a letter from the board stating that allowing my license to lapse was a violation of my contract and they were issuing a fine of $250.00. The letter stated that once I paid this, my license would be issued. I paid the fine immediately. They did NOT issue my license. I sent letters at the begining of May and July requesting that my license be issued. Still NOTHING....they have not responded and my license is still in a lapsed status. Any time I call, I have to leave a message with a receptionist and no one ever calls me back.

Anyone have similar difficulties with their BON? Any suggestions as to how I might handle this?

[foraneman]

First, does your contract in fact say that failure to renew or maintain a current license IS a violation? For this to be the case it MUST specifically say so.

In any event, the letter you describe from the board is a binding agreement: pay $250 and your license will be reinstated. In actuality the board could not lawfully impose the fine as a requirement for reinstatement without holding a hearing which you had to be notified of and given the opportunity to attend and defend yourself (unless your contract specifically says that if your license lapses then it will be $250 to reinstate). The board is legally bound to abide by the terms of the letter.

Your next step. if i were you, would be to send a certified letter which details all of the above including a copy of the letter they sent AND a copy of all letters you have sent, and dates of payment and all phone calls which have gone unanswered. Advise them that despite numerous attempts at contacting them you have received NO communication whatsoever. Request that your license be reinstated immediately. I would send, by certified mail, copies of this communication to: the president of the board of nursing, the executive director of the board, the individual responsible for license renewals and the board's attorney.

The purpose of this is two fold. You are making a clear statement that you are putting them all on notice that they are not abiding by the law and their own agreement with you and it is a not so subtle indication that you have had enough and are willing to force them to do what they lawfully are supposed to. Believe me, when they receive all of this at various levels of the board via certified mail it will be quite clear that this is your intent.

If you still receive no reply your only option, and it sounds more difficult and drastic than it really is, will be to (and this depends on your state law as to how to proceed) ask the courts to order the board to abide by their contract with you. In most states this is called an Administrative Writ of Mandamus. It is a simple filing of a request for the court to intercede and order a state administrative agency to fulfill their duties.

Good luck....and I wish I could say that your situation is rare....but it is not. Ignoring RN's who are under contract and make requests is a common tactic these self important bg wigs enjoy for some reason. Usually they fold once one makes it clear a writ is about to be filed in court.

[caliotter3]

I would gather my documentation and make a trip in person. Difficult to ignore you when you are standing in front of them.

[lexielynn]

Thank you so much for all of these suggestions. I was feeling pretty hopeless and defeated when I made the original post. You have empowered me!!!