lapsed RN license problems

[wendyh]

help! anyone have experience with an inadvertantly lapsed RN license? Two years ago my license lapsed for about 40 days before I sent the check in. I'm an independent RN working for vent patients in their homes and I'm paid by the state. Now, the state wants a large bucket of money back from me for the dates that I worked during that period. I know that professional licensing is important, but really, at this point it's a clerical matter of sending in the check. I'm a skilled and valued member of the nursing team today and on those days in question, check in the mail or not. Anything like this happen to other nurses? Any advice for me? I'll be sitting here with my computer waiting to hear.

Thanks,

Wendyh

[EricJRN, MSN, RN]

You might try your state forum, since each BON will handle this differently. In reality though, legal advice is probably your best bet, and that's something that we can't provide on this site.

Good luck to you!

[woody62, RN]

I don't know which state you live in but most states have appeal processes. I would find out if I can appeal their decision and how soon I have to do it. I hate to say this but I have a feeling you will have to pay the money back until your appeal is investigated. And if they find in your favor, you will most likely have to wait until heck freezes over.

Woody:balloons:

[suzanne4, RN]

A lapsed license is not grounds for an appeal, there is nothing to appeal. The issue is that you were working without a valid license during that time, and you need to abide by their rules to get your license renewed.

The next issue is that the state can asked to be reimbursed for the days that you did not have a valid license, and I suspect that it is another group entirely that is asking for the payment returned to them, and it is not the licensing board. The state in this case is acting as your employer, and the employer can ask for reimbursement of monies paid to you if you were not legally capable of working in that role at that time.

It is your responsibility to make sure that your license is valid at all times, and is more significant than just a slip of not paying toe fee on-time. I am sure that this is not what you wish to hear, and we cannot provide legal advice here, suggest that you obtain any further information from legal counsel that specializes in nurses.

And let this be a warning to others, that things like this can happen and they do happen.