Lapsed LiscenseHello fellow Nurses

Published

Hi I have a friend who has been working for 5 months on a expired LPN license. It was just discovered in HR. She had moved, and the Post Office told her they do not forward items for Nursing renewals?? Of course she is terrified of losing her job, she is a long time employee. Board of Nursing told her no temp license available. Question is, does the facility have any responsibility in this matter?? Is she likely to be fired?? There is so much involved we went from nonprofit, to profit with a whole new team of Administrators, who are trying to get rid of long term staff. I amtrying to help her figure out any recourse she may have. Any help ??:confused:

Specializes in Vents, Telemetry, Home Care, Home infusion.

it is incumbent upon the nurse to remember their license anniversary date to ensure reapplied timely and notify the bon of change of address ---some have 10 day notice, others 30 days.

****post office does not forward license forms *****

does the facility have any responsibility in this matter??

absolutely yes! jcaho and state laws require the facility to have staff with current active license with responsibility of facility to check for active license and not have staff work until license is active. its the first thing they do when coming to facility for accreditation/inspection.

it is not facilities responsibility to obtain the license.

many places have computerized lists and hr staff checks state website or contacts employee with reminder 1 month prior to license expiration. change employees ---this task often gets overlooked until the state walks in....:banghead:

will they get fired? depends on facility p+p....

what to do now? they need to check bon website or call call boards of nursing (link bottom of every page in middle) for renewal information. expect to get a fine for past due license and may have reprimand on license.

example:

pa renewal information

to reactivate an expired or inactive license call (717)783-7142.

renewal information

a notice for renewal will be mailed biennially to the address of record prior to the expiration date of the current license or certification. failure to receive the notice for renewal will not relieve you of the responsibility of renewing your license by the expiration date. it is required that you update your address with the board within ten days of any change.

the license will be mailed to the address on record. it will not be forwarded by the post office.

nj: requires reinstatement after 30 days

reinstatement information

nursing licenses with a may 31, 2008 expiration date:

1. were administratively expired on july 1, 2008.

2. must be reinstated using the r.n. and l.p.n. licensure reinstatement application which can be downloaded from the board of nursing’s web site. reinstatement fees are published in the reinstatement application packet.

3. require advanced practice nurses to reinstate their r.n. license first in order to reinstate the advanced practice certificate.

4. require completion of the criminal history background check through the division of consumer affairs (division), only when the background check has not already been completed for the division.

5. prohibits nursing practice and teaching in nursing schools until the licenses have been reinstated with a may 31, 2010 expiration date. notices of expired licenses were mailed out to license holders in early july 2008.

please use the division’s website,

http://www.njconsumeraffairs.gov/reinstate.htm , to obtain the license

reinstatement application for reactivation of expired licenses. this will confirm that nurse administrators should check all renewed and initial licenses to prevent fraud and protect the health, safety and well-being

of new jersey consumers

I think it would be up to the workplace but doubt she would be allowed to work in the mean time. If I were her I would immediately send all information to get the license reinstated ASAP possibly calling the licensing bureau, there is a possiblity they would work with her to help the time-line..possibly she can even drive there. I had mine lapse once also and it took approximately two weeks to get an updated one but this was by mail. As far as the previous eight months and legality of working without a license, I am not sure however MOST facillities keep track of licenses and I am surprised hers didn't (I wasn't employed at a place that reminded me which is why mine expired)

Utlitmately it's the nurse's license and the nurse's responsibility to know when it expires.

Yes, facilities are responsible for making sure that all nurses are current in their license. However, slip ups happen, employees don't read emails, whatever. All the facility is required to do is remove the employee from the schedule until the license is valid.

It's the same with CPR, PPDs, whatever. Those records can get lost in files. Be aware of what you need and when. It's your license and your job.

It is illegal for her to work a single day as an LPN without a valid license. Now that the facility is aware (finally), they cannot legally allow her to continue working until she's licensed again. If they want to let her to work as a tech during the interim, doing only tasks that don't require a license, that would be their choice, but they can't legally allow her to work as an LPN.

I recall a friend of mine, years ago, accidentally let her license lapse (she was just late sending in her renewal), and someone from the hospital nursing administration met her at the back door of the hospital when she showed up for work the first day her license was expired, sent her home, and told her not to come back until she had an active license. (That's the way this is supposed to work ...)

Every BON website states clearly that it is the responsibility of every licensed nurse to notify the BON promptly if you move or change addresses for any other reason. Renewal notices are mailed to the current address on file with the BON and are not forwarded. Even without a renewal notice, it's the responsibility of the licensed nurse to keep track of the license expiration date and apply for renewal in plenty of time to avoid a lapse of licensure.

If the new administration is looking for reasons to fire long-term staff, as noted in the OP, this would be a great excuse to fire her.

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