Continued Practice After License Expiration
Dr. Bennett has held a New Jersey chiropractic license for 12 years. She missed the August 31 renewal deadline, and her license expired. Her office manager continued scheduling patients, and Dr. Bennett treated 41 patients over the next six weeks. She used her expired license number on insurance claim forms and did not tell patients that her license had lapsed. She completed 20 continuing-education hours during the renewal period, none in ethics or jurisprudence. When a patient asked for a copy of her records, Dr. Bennett said the office was 'too busy.' Dr. Bennett says a colleague told her there was a grace period, so she thought she was still licensed. The Board sends a notice of an investigation. She asks whether she can simply pay the renewal fee now and keep treating patients while the application is processed.
1. Did Dr. Bennett practice without a license after expiration? What are the immediate consequences?
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Yes. A New Jersey chiropractic license authorizes practice only while it is active. Once the renewal deadline passed and the license expired, Dr. Bennett had no legal authority to examine, diagnose, or treat patients. A colleague's statement about a grace period does not create one; the Board's rules and the renewal notice control. Each of the 41 patient encounters after expiration is potentially an instance of unlicensed practice, and using the expired license number on insurance claims adds a separate fraud concern. The Board may treat the conduct as practicing without a license and as a basis for discipline, including suspension, revocation, civil penalties, and costs. The matter may also be referred for criminal prosecution under New Jersey law. The fact that she did not intend to practice unlawfully may mitigate penalty but does not cure the violation. She cannot retroactively validate the six weeks of treatment by paying a fee now.
2. What must Dr. Bennett do to return to practice, and how should the continuing-education deficiency be handled?
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She must stop seeing patients immediately and stop submitting claims under her expired license number. She should contact the Board, disclose the lapse, and follow the reinstatement process the Board directs. That typically includes a reinstatement application, payment of renewal and late fees, proof of continuing education, and possibly an interview or additional examination if the lapse is lengthy. She should not assume that paying the renewal fee automatically restores her license; she needs written confirmation that the license is active before resuming. The 20 continuing-education hours are deficient if the Board requires a specified total and mandated ethics and jurisprudence hours each biennial period. She should complete the missing categories through Board-approved courses and submit documentation. If the Board permits a conditional reinstatement, she should comply with any monitoring, audit, or additional ethics course. Practicing while the reinstatement application is pending would compound the violation.
3. What obligations does Dr. Bennett have to her patients and to insurers for the six-week period?
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Patient safety and honesty come first. Dr. Bennett should notify affected patients that her license was expired during their treatment, explain how to obtain their records, and offer to help them arrange continuity of care with a licensed provider. She should not bill patients or insurers for services rendered while unlicensed; she should review and correct the claims already submitted and refund any patient payments for those encounters if the services were not lawfully rendered. She should notify her malpractice carrier and consult counsel about self-disclosure to insurers and any overpayment obligations. The patient who requested records must receive them promptly; 'too busy' is not a lawful reason to withhold records. She should preserve all scheduling, billing, and clinical records for the Board investigation. A corrective action plan should include a calendar reminder system, a credentialing check before each renewal, and a policy that scheduling stops when a license is not verified as active.