The CE Audit After a Lapsed Renewal
An optometrist has held a New Hampshire license for 12 years. In early December she moves from Concord to Dover and does not update her address with the Board. The renewal notice goes to the old address. Her license expires on December 31. She continues seeing patients from January 2 through January 20-14 encounters-before a colleague mentions that the online license lookup shows her status as 'expired.' Her CE file contains 18 hours for the two-year cycle, including 2 hours of pharmacology; the renewal application requires completion of the Board's full CE requirement, and she has not completed it. She has no disciplinary history. She has appointments scheduled through the end of the month. She asks whether she can keep seeing patients while she submits the renewal, whether she can backdate the CE certificates she has not yet earned, and what she should tell the 14 patients.
1. May she continue practicing while her renewal is pending? Identify the licensure status issue and the risk to her and to patients.
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No. A license that has expired is not a license to practice, and filing a renewal does not create interim authority. Practicing on an expired license can be treated as unlicensed practice and as a violation of the optometry statute, regardless of whether the failure was administrative. Each of the 14 encounters creates separate exposure and may also create billing and insurance problems. The colleague's report of the online status is a warning, not a technicality. She should stop seeing patients immediately, notify the practice owner or employer, and contact the Board before seeing anyone else. Good faith and the missed address change may mitigate penalty, but they do not authorize practice.
2. What are the lawful steps to restore her license, and how should she handle the incomplete CE and the address change?
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She should: (1) complete the Board-required CE through approved providers and obtain certificates dated when the hours are actually earned; (2) update her address with the Board; (3) submit the renewal or reinstatement application with the late fee and a truthful explanation of the lapse; (4) ask the Board whether any additional reinstatement requirements apply; and (5) wait for written confirmation of active status before resuming. She must not backdate certificates or create false attestations-that would convert an administrative lapse into a fraud or unprofessional-conduct case. She should keep copies of everything submitted.
3. What obligations does she have regarding the 14 patients seen on an expired license, and what should she document?
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She should review the 14 records for clinical adequacy and arrange continuity of care. She should not alter records retroactively; if she adds a late entry, it must be clearly dated and identified as a late entry. She should disclose the lapse to affected patients if the practice's billing or referral status requires it, and she should correct any insurance claims submitted under an inactive license. Cooperation with the Board, prompt correction, and a remediation plan are mitigating. The Board may consider the number of encounters and whether she ignored warnings.