The Lapsed License and the CE Audit
An optometrist’s Alaska license expired on December 31. She continued seeing patients for 23 days because the renewal notice went to an old address; she completed 28 of the 32 continuing education hours required for the biennium. On February 1 she received a board audit letter requesting CE certificates and a renewal application. She has a clean disciplinary history and asks whether she can submit the missing 4 hours now and “backdate” the renewal to January 1. She also asks whether the board will accept the old address as an excuse and whether she should tell patients about the lapse.
1. Identify the licensing and CE violations. Does completing the missing 4 hours now cure them?
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Practicing on an expired license is unprofessional conduct, and each of the 23 days of patient care occurred without current licensure. The CE deficiency is a separate violation of the renewal requirements. Failing to keep the board informed of a current address may also violate a licensee’s reporting duty. Completing the missing 4 hours now can satisfy the CE requirement for future eligibility, but it cannot retroactively authorize the 23 days of practice. The board will not permit the renewal to be backdated to January 1, and the licensee should not represent that it was. The missing renewal notice may be mitigation, but it is not a defense: licensees are responsible for maintaining a current address and for knowing when their license expires. The board may consider the clean history, the short duration, and any self-report, but the lapse remains a violation.
2. What should she do immediately, and what outcomes are realistic?
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She should stop practicing until the license is reinstated, contact the board promptly, and submit the renewal or reinstatement application, fees, and documentation of the 28 completed hours plus the missing 4 hours. She should report the lapse in writing rather than wait for the board to discover it. She should update her address immediately and keep proof of the change. She should not alter patient records or create records suggesting she was licensed during the lapse. Whether to notify patients is a judgment call: there is no automatic duty to notify every patient, but if any patient was harmed or if the lapse affected care, disclosure may be required. Realistic outcomes include a civil penalty, a reprimand, or probation with conditions; revocation is less likely for a short, self-reported lapse with a clean history, but the board retains discretion.