Tackling addiction to drugs or alcohol is a difficult decision to make and a lifelong challenge to maintain. It is important that you make this decision without jeopardizing your professional license.
Frequently, a nurse will enter a drug or alcohol rehabilitation program due to employer discipline or termination from employment. In certain instances, both the Nursing Board and law enforcement will be notified about the employment action.
Because of its responsibility for patient safety, the Nursing Board can and should take these situations very seriously. Nursing Board investigators frequently contact nurses who are participating in intensive rehabilitation programs to question them about their addiction and employment issues. As part of the investigatory process, nurses are often requested to place their license on inactive status as a “sign of cooperation with the Board investigation” or as a “good faith commitment to their sobriety”.
There are certain times when going on inactive status is the right choice. It allows the nurse time to obtain treatment and often provides more time for the Nursing Board investigation, which gives the nurse more time to strengthen his or her sobriety. In certain instances, a nurse can also be given credit by the Nursing Board for the period of time during which the nurse was on inactive status towards any period of license suspension imposed by the Nursing Board in a disciplinary action.
However, prior to making the decision to go on inactive status, a nurse should make sure they are in the correct mental or emotional state. Going on inactive status is a very serious decision. When a nurse is in treatment, quality of thought may not be at its best and, as with other important family or career matters, it is often not the best time to be making serious, long lasting decisions. A nurse should also be aware that the Nursing Board can impose significant requirements on a nurse in order to have a license reinstated, including but not limited to undergoing evaluation and/or treatment for drugs or alcohol or psychological condition, successfully completing negative urinalysis for a period of time determined by the Board, completing additional continuing education, and/or completing a practice improvement plan. Each situation is different and will be handled on a case by case basis by the Nursing Board.
Once the intensive portion of the treatment program is completed, there will be time to decide whether to communicate with a Nursing Board investigator and/or whether to voluntarily do anything regarding the status of your license. Such decisions should be made with a clear mind and after a careful consideration of the facts in your case. The recommendations of experienced nursing license defense legal counsel can be of assistance.
As always, if you have any questions about the Ohio Board of Nursing or this post, please feel free to call one of the attorneys at Collis, Smiles and Collis at 614-486-3909 or check out our website at http://www.collislaw.com.
Ohio Legal Counsel to Professionals 
Has there ever been an instance where the BON has removed the permanent restrictions they initially imposed upon the disciplined nurse? It seems like it’s impossible to ever “move on” once one is formally disciplined by the Board, so was just curious re: the success rate of lifting the restrictions after 10-15 years or so.
Unfortunately, I am not aware of any cases where the Nursing Board has removed a permanent restriction placed on a nurse’s license. I agree with you. It is highly punitive to impose a permanent sanction on a nurse’s license that may negatively affect them for their entire professional career. I know if no other Board in Ohio that routinely imposes such strict and permanent sanctions on their licensees.
What a horrible shame, and a tragic loss to many patients. There are many “impaired nurses” who do get help, learn their lessons, and who have so much to offer to the patients and families. But I can’t imagine that very many facilities are too eager to hire nurses whose restrictions almost scream out, “I must be baby-sat and closely watched every minute of every shift for the entire I time I work for you.”