LICENSING QUESTION: Inactive vs Volunteer License
Question:
My current Maryland RN license will expire soon. I recently retired and was planning to renew as "inactive
status." I see there is a "volunteer status," both having the same renewal fee.
I am not able to find definite information about the volunteer status. Can you help me understand which
renewal would be appropriate for me. I do volunteer work with my church, etc, but do not present myself as
volunteering as a nurse. However, my many years of nursing background and being known to members there, I
am asked many questions, maintain the first aid kit, etc. There is no fee involved.
Response:
Thank you for contacting the Maryland Board of Nursing with a question about the difference between an
inactive license or volunteer status.
A volunteer license allows a nurse to practice nursing whereas a licensee on inactive status is prohibited from
practicing nursing. So, to answer your question, it depends on whether you intend to practice nursing as
defined in the Nurse Practice Act without compensation. If your volunteer work at church constitutes the
practice of nursing, you must renew as a volunteer and you will be subject to a criminal history records check. If
you do not intend to ever practice nursing as a volunteer, without compensation, then the inactive status would
be the more appropriate. Only the nurse can answer the question of whether or not he or she intends to
practice nursing as a volunteer and without compensation. The renewal fee for both volunteer and inactive
status is identical: $20. COMAR 10.27.01.02(2)(b) & (c).
A volunteer license is governed by section 8-312(c)(2)(ii) (Nurse Practice Act, p. 24), which says that a
licensee may renew a license for an additional term to volunteer status if the licensee . . . pays to the Board a
renewal fee set in Board's regulations [i.e. a reduced renewal fee of $20] but only "if the licensee certifies to the
Board that the licensee provides professional services only as a volunteer." (emphasis added) This means
that the individual who chooses volunteer status may practice nursing in Maryland but is prohibited from
receiving any compensation for practicing nursing as a volunteer. In addition, under section 8-312(f) and
(g)(NPA, p. 25), a nurse renewing on volunteer status nurse is required to submit to a criminal background
check per the schedule (every 10 years) for renewal applicants set forth in the Board's regulations.
In contrast, inactive status is governed by section 8-309 of the NPA ( pages 22-23), which says that a licensee
who renews to inactive status "may not practice nursing in this State" but may use the title "Registered Nurse"
or "RN." NPA, page 23, section 8-309(c)(emphasis added). A licensee on inactive status is only subject to a
criminal history records check upon an application for reactivation of the inactive license. See section 8-
309(d)(1)(ii) (NPA, p. 24.)
One other important and very personal consideration is the finality of the retirement decision. Maintaining an
active license for another renewal cycle keeps open the option to return to practicing your profession for
compensation. Given the uncertainties of life and economics, it may be worth renewing the active status
(provided you meet all other requirements for renewal) rather than closing the door on the possibility of
practicing for compensation.
Regardless of which status you choose, we thank you for your service to the citizens of Maryland and wish you
the best in your retirement.
LICENSING QUESTION: Tax Hold
Question:
I received a letter from the board stating my license will be put on hold due to a tax payment issue. How
could this be possible? This is unfair and just wrong! How can I pay my taxes if you are going to take
away my license (or certificate)? This is my livelihood! Who can I talk to about this?
Response:
You are not alone in wondering about this issue. In 2003 the Maryland General Assembly passed this
statute (law); below is a copy of the relevant text:
STATUTE which applies to all Boards, Maryland Code Annotated, Health Occupations Article §1–
213(b):
"Before any license or permit may be renewed under this article, the issuing authority shall verify
through the office of the Comptroller that the applicant has paid all undisputed taxes and unemployment
insurance contributions payable to the Comptroller or the Secretary of Labor, Licensing, and Regulation
or that the applicant has provided for payment in a manner satisfactory to the unit responsible for
collection."
BOARD OF NURSING REGULATION: COMAR 10.27.01.12H -Tax Deficiencies:
. . .
H. Tax Deficiencies.
(1) On a monthly basis, the Board shall notify the Office of the Comptroller of any licensee or certificateholder:
(a) Whose license expires within the next 4-month period; and
(b) Whose identity has not previously been provided to the Office of the Comptroller.
(2) Upon notification by the Office of the Comptroller of any licensee or certificate-holder who is
delinquent in the payment of undisputed taxes or unemployment insurance contributions, the Board shall
notify the licensee or certificate-holder that renewal processing shall be delayed until the Office of the
Comptroller verifies that the licensee or certificate-holder has made arrangements for payment of the
undisputed taxes or unemployment insurance contributions that are satisfactory to the unit responsible
for collection.
(3) Upon notification by the Office of the Comptroller that the licensee or certificate-holder has made
satisfactory arrangements for payment of the undisputed taxes or unemployment insurance contributions,
and where the licensee or certificate-holder is otherwise qualified for licensure, the Board shall renew
the license or certificate."
In plain terms, this means that MBON provides to the office of the Comptroller (office that controls
monies for the State of Maryland) an electronic data transfer of all the licenses/certificates coming due to
renew. Then the Comptroller compares that list to their own database of citizens who owe money for
taxes and they tell us who the names are (this is part of where your social security number or tax
identification number comes in--to assure the identity of the licensee/certificate holder is really the same
person who owes the taxes). We put a hold on the renewal of your license/certificate and notify you. As
soon as you pay, the Comptroller releases your name to us for renewal. If you pay the taxes promptly, the
hold will be released before your current license/certificate expires and you won't be out of work. If you
delay or contest it, you may run out of time and have a period of non-renewed time. Employers can be
heavily sanctioned for allowing any unlicensed person to continue working, even for one day.
If you receive a
letter informing you of delinquent taxes,
you will not have your license (or certificate)
renewed until this agency is notified by the Comptroller that you have resolved the debt.
The Maryland Board of Nursing is committed to Excellent Customer Service, but this is one area
where we are unable to assist licensees/certificate holders in any way. We will not discuss, explain, or
mitigate the "Tax Hold" placed on your renewal. Please do not call or come in to this agency. Your status
will change to the appropriate view on website Look Up A License feature when the Comptroller informs
us you have resolved the debt. Please understand that MBON staff are unable to assist individuals coming
to the agency in person or calling about the Tax Hold. If you have questions or wish to contest the letter,
you must deal directly with the Comptroller's office.
