Remember, Update Your Registered License Address

A recent Common Please Court cased presents an opportunity to discuss the importance of timely renewal of all professional licenses and your registered address with the State Board of Occupational Affairs. In the case of Joel Poskin v State Board of Nursing, Poskin sued the State Board of Nursing seeking to have the Court compel the Board to expunge his disciplinary record of sanctions for his own failure to timely renew his license and thereafter for practicing nursing without a license. He complained that the Board failed to timely update his mailing address, which failure resulted in him not receiving his license renewal information and, consequently, causing his license to lapse and him practicing without a license, warranting sanctions that now permanently affect his ability to secure employment.

Poskin posited his claim as one of a denial of Due Process under the State Constitution based upon the effect of the disciplinary action was having on his ability to gain employment. Poskin argued that the Board’s failure to identify license suspensions for administrative versus substantive causes was arbitrary and capricious without a basis under the due process clause.  As a result of the improper licensing disciplinary scheme, Poskin argued the State Board of Nursing denied him is procedural Due Process constitutional rights.

The State board of Nursing objected to the entire complaint/cause of action, arguing that the trial Court did not have jurisdiction and the complaint itself did not state a cause of action for which any remedy existed. The Court reviewed the State Due Process clause and concluded that Poskin’s argument had no place in a judicial court; rather, sufficient procedural safeguards exist in the State administrative procedures code for Poskin to seek redress there. However, because Poskin sought to have the Court compel the Board to change its administrative procedure, his claim was more of a Mandamus action for which the court had no ability or jurisdiction to entertain.

The Court emphasized the fact that Poskin did not update his address for over twelve months, causing his own contravention of the regulations which were properly promulgated and in effect. The result was that Poskin’s case against the Board was dismissed, his prior disciplinary record was not expunged, and he spent even more money on counsel fees. All of this conduct was potentially precluded merely by keeping up to date on all board registered license addresses and notifications so that no license is lost or disciplinary action taken due to mere inadvertence.  Use email addresses, maintain diligence of notification telephone numbers, and, by all means, keep addresses updated.

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