Disclosures to the Ohio Board of Nursing

There are certain matters which must be disclosed to the Ohio Board of Nursing (“Board”) by a nurse license applicant or a nurse who is renewing their license.
The Board’s nurse license application and renewal application includes, but is not limited to, questions concerning felonies, certain misdemeanors, incompetency, professional licensure actions or investigations, mental illness, and substance abuse.
If the reply to any of the questions in the nurse license or renewal application is “yes”, then a disclosure is required. The applicant or nurse in renewal must mark “yes” to any applicable question and provide the Board a written statement of the circumstances underlying the “yes” reply and, for Court matters, Certified copies of certain court documents.
The Board is authorized to take disciplinary action against an applicant or licensee for any of the matters in Ohio Revised Code Section 4723.28. The sanction, if any, the Nursing Board imposes will depend on the individual facts and circumstances of the disclosed matter. Whether the applicant or nurse has other convictions, the acts underlying the offense, how long ago the offense occurred, and whether restitution or probationary terms were completed are typically also evaluated by the Board.

 
Except for certain limited instances, self-reporting criminal convictions prior to renewal is not required. However, criminal convictions are reported by the Court to the Board and it is recommended that a nurse consult with legal counsel to determine if it is in the nurse’s interest to self-report a conviction prior to renewal.
It is recommended to consult with legal counsel familiar with Board matters to determine if disclosure of a particular matter is required in an initial or renewal application and, if so, what information is required or recommended to be provided to the Board.
As always, if you have a question about this post or the Ohio Board of Nursing in general, please feel free to contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or email me at beth@collislaw.com.

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