One of the uniform requirements in the United States is that individuals can only practice nursing with an active license. Each state handles licensing in their state. Where states differ is what they require to become nurses.
For a variety of reasons, a nurse may let their license expire. When this happens, they're unable to work as a nurse in that state. An expired or lapsed license can affect a nurse's professional opportunities. In some cases, it may open them up to potential disciplinary action if it appears that they've practiced nursing or provided nursing care while their license was expired.
If you have a lapsed license or other licensing issues, contact the Professional License Defense Team at the Lento Law Firm. We know how much work you've put into your career, and licensing issues shouldn't derail your job. We can help you understand the best way to proceed and how to avoid later disciplinary action. Call us at 888-535-3686 or fill out our online form.
Nursing License Statuses
In the majority of states, nursing licenses have four statuses for nursing licenses:
- Active
- Inactive
- Lapsed or expired
- Retired
States may have additional descriptions or statuses. Some states may have active and in good standing classification, which generally means a license isn't delinquent, and the nurse isn't subject to disciplinary action.
For example, Texas only allows nurses to change their status if they're currently in good standing. A nurse licensed in Texas cannot change their status to retired until they've resolved all outstanding disciplinary issues.
Active
Nurses have active licenses when they're eligible to practice medicine. Their license is current, which may mean different things in different states.
Common ways that a license is current:
- All required paperwork is completed and submitted
- All fees are paid
- All continuing education requirements are current
Inactive
When a nurse is stepping away from the profession or otherwise plans to take a break from working as a nurse, they are generally allowed to switch their license to inactive. One advantage of the inactive status is states generally don't require nurses with inactive licenses to pay fees.
Inactive status differs from a lapsed license because a nurse has communicated their intentions to the board of nursing.
Lapsed
A license expires when a nurse:
- Misses the renewal date
- Doesn't register a status change, such as inactive or retired
Each state sets its policies for activating a lapsed or expired license. How long a nursing license has been expired can dictate what a nurse must do to reactivate their license.
In general, states ban nurses with inactive licenses from working as nurses in states where a nurse's license is inactive. As Missouri states, a nurse who has a lapsed nursing license in Missouri cannot provide nursing services to patients in Missouri. If a nurse is also licensed in Illinois, has an active status in Illinois, and is in good standing, they can practice nursing in Illinois.
Put another way, a lapsed license only applies to the state in which the license is lapsed. If a nurse is registered in another state, they may be allowed to provide nursing services.
Retired
Retired means that a nurse no longer intends to practice nursing. It's different from lapsed because the nurse has submitted paperwork and updated their information.
Not taking action, essentially allowing a license to lapse, when a nurse retires can potentially create problems for them. For most states, retiring is a status that can be changed, and it means a nurse still has a license.
This was seen during the Covid pandemic. Nurses and doctors came out of retirement to assist throughout the pandemic, using their knowledge and skills to help ease the strain on the medical system.
In 2021, nurses came out of retirement to assist with vaccines. In this situation, nurses who had retired in the past five years and were in good standing were eligible to assist.
Different states have different requirements for retirement. Florida requires nurses to pay a $55 fee to have an official retired license. The state doesn't require nurses to officially retire. Nurses may also opt to Voluntarily Relinquish their license or allow their license to go into Delinquent and then Null/Void statuses.
Texas has two types of retired status: retired and retired volunteer. Retired means a nurse cannot practice as a nurse, period. Retired volunteers allow nurses to only practice voluntary charity care.
Missouri, in comparison, allows nurses who have paid the $15 retirement fee every two years. This retired nurse license allows retired nurses to continue to work as unpaid volunteers. Nurses cannot retire in Missouri if their license is already expired.
Disciplinary Action
When a nurse is subject to disciplinary action, this may affect their license. States may suspend a license or otherwise put it on temporary inactive status. Applying for reinstatement following disciplinary action is different from a lapsed license because a nursing board took affirmative action to discipline a nurse and revoke or suspend their license.
Kansas, for example, has specific guidelines for nurses who have had their licenses revoked. Nurses may apply for reinstatement three years after the date of their license revocation.
The state requires nurses to:
- Submit any forms required by the Board of Nursing
- Pay the reinstatement fee
- Submit evidence that shows sufficient rehabilitation that justifies reinstatement of the license
If the board doesn't reinstate the nurse, the nurse must wait an additional three years to apply again.
If you've had your license revoked or suspended due to disciplinary action and are eligible for reinstatement, contact the Professional License Defense Team at the Lento Law Firm. We can help you submit the necessary forms and gather the necessary evidence to help you make your case for returning to nursing.
Disciplinary Action in Other States
Nurses who are registered in multiple jurisdictions may be required to inform a board of nursing when they're disciplined by another state's board of nursing. Reporting requirements depend on the state. Depending on the severity of the charge, disciplinary action in one state may affect renewing your license in another state.
Massachusetts has a specific renewal policy for nurses who are registered in another state and are subjected to disciplinary action in that state.
Depending on the disciplinary action taken, Massachusetts requires nurses to submit documentation such as:
- A signed written explanation for every criminal conviction and/or disciplinary action
- Certified court records of any criminal conviction
- Certified final written determination of all disciplinary action
That a criminal conviction or disciplinary action took place in another state doesn't mean a nurse doesn't have to report it to a different state's board. Not reporting when required as part of the renewal process may open a nurse up to disciplinary action.
Renewal Notification
One way to avoid a lapsed license is to know how a state board of nursing will inform nurses of an upcoming expiration. Some rely on online communication, requiring nurses to keep an active email address on file. Others will submit the renewal notification by mail.
Minnesota sends a postcard thirty days before a license expires. If the state board has a nurse's email address, they'll also send an email reminder.
South Carolina will first send an email to nurses with a validated email address. For nurses without a validated email address they will submit a renewal notice via the mail. The state emphasizes that nurses don't have to wait for the renewal notice to renew their license.
Common Requirements for Reinstatement
Each state sets its requirements for returning a nursing license to active status. Some of these requirements are commonly used.
These requirements must be uniformly applied. A state board of nursing can require that, for example, all nurses who haven't practiced for four years must complete 30 hours of continuing education before their license is again active.
What a state board of nursing cannot do is arbitrarily enforce requirements without reason. For example, two nurses are both RNs, both graduated from accredited programs, and both have six years of experience. Absent a reason other than ‘just because,' the board cannot say that one nurse has to complete more requirements because of the school they attended or where they work.
Absent allegations of disciplinary misconduct, states also cannot use reinstatement procedures to punish nurses. A lapsed license is not an example of professional misconduct and shouldn't be treated as such.
If you believe a state board of nursing requires you to complete arbitrary requirements for reactivating your license or attempting to punish you without cause, contact the Professional License Defense Team at the Lento Law Firm. We can help you understand your options and ensure fair treatment that won't interfere with your career.
Timing
When a nurse reactivates their license can affect what they have to do to return to practicing nursing in that state. One reason for this is that nursing requires individuals to be up-to-date on current practices, and the longer a nurse is away from the profession, the more likely it is that they will have to take additional courses or complete an examination as part of returning a license to active status.
Massachusetts divides nurses with lapsed licenses into two general categories:
- One year to less than five years
- More than five years
The state has different requirements for these categories. There is also a potential exception for nurses whose licenses lapsed due to illness or other extenuating circumstances.
Applications
Some states require nurses to submit an application as part of re-activating their license. Whether a nurse needs to fill out an application depends on a variety of factors, including:
- The state board of nursing requires an application either for all renewals or for lapsed licenses
- Nurses must complete an application if their license has been expired for a certain period of time
- Nurses must complete an application to show they've completed continuing education requirements
Types of Applications
States may also require different types of applications depending on how long a nurse's license has expired. RNs in Illinois have two types of applications for lapsed licenses: reinstatement and restoration. Illinois has a two-year renewal period for RNs, and licenses are due for renewals in even-numbered years.
In 2024, for example, RNs whose licenses had expired since May 31, 2020, would complete a reinstatement application. RNs whose licenses had expired between May 31, 2014, and May 31, 2018, would have to complete a restoration application.
For nurses who have to complete the restoration application, the requirements vary depending on whether they've been practicing in another state. Nurses who haven't practiced in the past five years must either take the NCLEX examination or complete an approved refresher course.
For nurses whose licenses have been active in the past five years or have been practicing in another state in the past five years, the application procedure is similar:
- Submit an application
- Complete a personal history questionnaire
- Complete 20 hours of continuing education
Nurses who have been practicing in a state other than Illinois will have to complete a background check.
Reinstatement Fees
To return a license to active status, nurses may be required to pay reinstatement fees. In 2024, Georgia's fee was $90, and Missouri's fee was $50 in addition to the standard renewal fee.
Grace Period
Many states have a grace period following the expiration date of a nursing license. In this grace period, nurses can generally still renew their licenses without additional fees or requirements.
Michigan gives nurses a 60-day grace period to renew their licenses. If a nurse renews within this window, they don't have to go through the state's re-licensure procedure but do have to pay a late fee. In 2024, for example, this fee was $20.
Virginia, in comparison, doesn't have a grace period. A nursing license in Virginia lapses immediately if the nurse doesn't renew by the deadline.
Indiana has a three-year grace period. If a nurse renews a license within three years, they may submit the renewal online and pay a late fee.
Criminal Background Checks
Some states may require a nurse with a lapsed license to undergo a criminal background check. This may be the case even when a state nursing board wouldn't require a nurse to submit to a background check for a regular renewal.
Virginia requires a background check when a nurse has had a lapsed license for more than one renewal period. In Virginia, nurses renew their licenses every two years. Nurses born in even-numbered years renew their licenses in even-numbered years, and nurses born in odd-numbered years renew their licenses in odd-numbered years.
Ohio requires a criminal background check when a nursing license has been expired for more than five years.
Continuing Education Requirements
Some states require nurses to complete continuing education requirements as part of a renewal. When a license is lapsed, a nurse may have to complete additional continuing education requirements.
The most common types of continuing education:
- Conferences
- Classes
- Self-study Modules
- Academic Credits
- Certification
Ohio requires that nurses applying for reinstatement confirm they are current on their continuing education requirements. Its southern neighbor, Kentucky, has a sliding scale of reinstatement continuing competency requirements. These requirements depend on how low a nurse's license has been expired.
Interview
States may require nurses to attend an interview or other appointment with the board of nursing. Indiana requires that nurses who have had an expired license for at least three years must either:
- Have an active license in another state
- Appear before the Board of Nursing
Examination
Some states may require nurses to sit for an examination as part of returning to active status. This requirement may depend on how long a nurse's license has been lapsed.
Kentucky requires nurses to sit for the Jurisprudence Exam when their license has been expired for a year or more. Nurses must score at least 80 percent on this open-book exam to return to active status.
Reinstatement
Depending on the state, some nurses are required to go through a reinstatement process if they have a lapsed license. Each state nursing board has its own policies and requirements for reinstating a license.
Common steps for license reinstatement:
- Fill out and submit a form
- Pay a fee
- Complete continuing education requirements
When seeking to activate a lapsed license, nurses should pay close attention to the requirements of that state's specific licensing board. Failing to follow the board's specific requirements may result in your license remaining inactive.
If you have questions about how to reinstate your nursing license, contact the Professional License Defense Team at the Lento Law Firm.
Reinstatement Example: Connecticut
In Connecticut, a nurse must follow the following states to reactive their nursing license:
- Submit the reinstatement form online
- Provide a written summary of the nurse's work history and professional activities since graduating from nursing school
- For nurses who haven't been working as a nurse, they should also explain why they want to return to nursing and how they plan to ensure their skills and knowledge are sufficiently up-to-date
- A letter from the nurse's most recent nursing employer
- This letter should confirm the nurse's dates of employment and an evaluation of the nurse's clinical performance
- If a nurse hasn't practiced for at least three years but less than five years, they must complete an approved refresher courses
- If a nurse hasn't practiced in at least five years, they must complete an approved refresher course and the NCLEX-RN examination
- A list of all nursing licenses and their current statuses
If a nurse with a lapsed license in Connecticut is a current, active member of another state nursing board, they're eligible for a 120-day non-renewable temporary permit while their application is being reviewed. To qualify for this permit, a nurse must have practiced nursing in the past three years.
Reinstatement Example: Kentucky
Similar to Virginia, Kentucky doesn't have a grace period for expired licenses. Once a nurse misses the deadline to renew, they must complete the state's reinstatement procedures.
Kentucky requires that nurses complete the following steps to again be active nurses in the state:
- Complete and submit the application
- Pay fee
- Complete both federal and state background checks
- Complete continuing competency requirements , which vary depending on the length of time a license has been expired
- If a nurse's license lapsed over a year ago, they must score at least 80 percent on the Jurisprudence Examination
- Report any:
- Criminal convictions
- Disciplinary action in any other states in which the nurse is licensed
Once a nurse completes the necessary steps, their license should be active within 14 days.
State-Specific Requirements
Nurses should also keep in mind that a lapsed license is only relevant for that specific state. If a nurse is licensed in multiple states, they can continue to practice nursing and work in a state where their license is active.
For example, a nurse is licensed in both Tennessee and Kentucky. The nurse currently lives and works in Tennessee. The nurse's Tennessee license is active while their Kentucky license is expired. The nurse can work in Tennessee but not Kentucky. They shouldn't be subject to any disciplinary action in either state as long as they're only working in Tennessee as a nurse and not in Kentucky.
Compact States
If a nurse has a compact or multistate license, they may not practice in other compact states if their license in their home state is not in good standing. Unlikely being licensed in multiple states, the ability to practice in other compact states is dependent on a nurse's home state license.
Keep Your License Active
Life happens. Ideally, you keep your nursing license current, but when your license does expire, it's good to know the exact procedure you need to follow to return your license to good standing.
In some states, nurses have a grace period during which they can renew their licenses without having to go through the reinstatement process. In these states, nurses are likely to have to pay a penalty for late renewal.
When a nurse has to undergo the reinstatement procedure, they need to make sure they're following the specific state board of nursing's requirements. Each nursing board sets its procedure for reinstating licenses.
A lapsed license is different than a license that has been suspended or otherwise revoked due to disciplinary action. Nurses shouldn't be punished for having an expired license as long as they don't participate in any nursing activities while their license is expired.
If you have licensing issues or need help navigating the reinstatement process, the Professional License Defense Team at the Lento Law Firm can help. We work with nurses throughout the United States to help them navigate professional issues. Call us at 888-535-3686 or fill out our online form.
