As partners in the HealthCare Practice group at Dinsmore and Shohl, Beth and Todd Collis regularly represent professionals before their state licensure boards.
Beth and Todd Collis regularly help applicants apply for a nursing license in Ohio or wade through the disciplinary process.
We have created this blog to answer many of the common questions that we receive in our practice on a weekly basis. For individual questions, please feel free to email us at: Beth.Collis@dinsmore.com or Todd.Collis@dinsmore.com. We look forward to hearing from you.
Ohio Legal Counsel to Professionals 
Dear Beth
My name is john moyers, DVM, PHD with a friend in ohio who I feel is in trouble and does not realize it. She is an RN and I grew up with her-she was even my first love. I still like her, love her and wish her the best. However, she is a brilliant nurse and great lady, but has a problem she does not see as a problem.
She has been an undisciplined great nurse for about 18 years (we have only been in occasional touch as she is married to a good guy with 2 great boys) but had a period of stress this year and got a DUI (.08 breathylzer) and in May, a .24 blood alcohol test-wrecking her car, breaking her 6th cervical vertebrae, and requiring medivac to trauma I center. No one was injured besides her in either wreck.
Her licensure is up for renewal in august 2013, and she and I talk as “buddies” (wel literally grew up together 0-13 next door neighbors) occasionally, and of course this issue came up. She said “no big deal for my nursing license at least, not a felony, just a DUI”. I am close enough to the nursing profession to have heard this is not the case, and the Ohio board of nursing seems to view this as more than she sees it as a “speeding ticket”.
We are lifelong friends, have rejoiced in my DVM and PHD, I rejoiced in her becoming an RN and mom. I am concerned that she is taking this entirely too lightly, and want to recommend counsel such as yourself if 1) This is as serious I fear it may be in renewing her licensure in august 2013 and 2) or if it is “just like a speeding ticket”. My heartfelt concern for her showing signs of alcoholism with no regard for this scares me, but that is another matter!
Please help me, and if I can pay for a consult to mail her, or refer her to you, please let me know!
God’s grace to you and me as I fear a friend is self-destructing.
John:
Thank you for your comment. I would be glad to speak with you. Please call me directly at my office 614-486-3909. Beth Collis
This lady is brilliant and professional, an asset to all of us healthcare professionals!
I recd a dui in 2008 with no sanctions by the board but just recd another dui both were very low bac 0.9%. What can I expect from the BON?
You can expect the Nursing Board to take an action against your license. You are required to disclose the DUI on your next license renewal application. You will most likely be required to submit to a CD evaluation and may be required to submit to a period of random drug screens by the Board to ensure you are not impaired.
I have been a registered nurse since 1998 with no disciplinary actions against me ever. I received a DUI in May 2014 with a high blood alcohol level of .25. I’ve gone to treatment after care and regularly attend AA meetings and I am on probation, my license is up for renewal what can I expect from the board of nursing?
In some instances with one DUI and no other alcohol related incidents the Nursing Board will choose to take no action. However, given the high level breathalyzer test the Nursing Board may require you to enter into a Probationary Agreement that would require you to submit to random drug testing for one-two years and may place restrictions on your license. The restrictions may prevent you from working for hospice, for an agency, in a person’s home or as a DON or nurse manager. If you have any further questions, please feel free to contact one of the attorney at our office. We would be glad to help.
Hi,
I am currently in RN school right now about to graduate in December. I am worried about my criminal record and have been hearing mixed opinions on what I should do. I have a “baby” OVI from when I was 17 years old (on juvenile record), blowing a .07. This case was dismissed after I did not get in trouble for 6 months and completed counseling. I also had an underage consumption from when I was 18 stating I drank 1/2 a can of budlight. those were back in 2005/2006. I recently in 2011 was pulled over for OVI and did not blow but my charges were reduced to physical control. I am wondering if I should disclose my juvenile charge or just the 2 that are on my adult record or if I need to consider getting legal help before applying. Thanks in advance.
I would be glad to address your question. Please contact me on my confidential email: beth@collislaw.com with your questions.
Hi, yesterday I received a speeding ticket from the Ohio highway state patrol. I am also about to apply for my university’s nursing program. If I pay the ticket quickly will there be any problems with me sitting and passing the NCLEX?
You may have to disclose the speeding ticket on the application for licensure. However, especially if you were not charged with an alcohol related offense, I doubt you will have a problem being approved to sit for the NCLEX. Good luck.
I am an RN BSN with a restricted license.
It seems with social media these days, that my application for RN job is immediately discarded
once the employer sees restrictions on my license.
I have a very unusual case with the board.
I entered into contract with the alternative program in 2001. In 2003 I had a positive urine screen but I had not used. The board begged me to admit my relapse- said it would be easier for me if I just admitted it. I refused and
Had to pay $500.00 for it to be sent to independent lab. I suspect lab core employee had switched urines but board said they were not at liberty to discuss results of investigation.
After this, my monitoring agent relapsed
And I was in limbo for several months.
It was difficult back to make the daily phone calls as we were not allowed to use
Our cell phone, had to use a
Landline and many times the number was
Either out of order or would ring busy, which
Meant you had to try again later.
With 4 months left in the alternative program,
I forgot to call until after 6:00. My list of
Places to drop a urine had all locations
Close after 6:00 pm. I called my mom. Agent( who had not relapsed yet) and she said not to worry, just go and drop in the morning
Which I did. Later I came to find out there was a more current list of lab locations,
And some were open 24 hours. But I did not have this list.
As a result, the board extended my
Suspension and agreement with the alt. Program another year. My agent was very surprised and told me the board was becoming more strict.
Let me mention I was very deep into AA- sometimes went to 2or 3 meetings a day.
My meeting slip records were covered front and back. I was finding a new way to live life and it was exciting and real!!
4 months prior to my finishing the alternative program, my friend suddenly died and I forgot to call that day and was selected. I was an emotional wreck upon learning of her death.
I found it very difficult to be
Perfect with these calls for 4 years…
Therefore, with that missed call I was thrown out of the Alternative program and
Went into the disciplinary program.
My consent decree had Permanent Narcotic
And practice restrictions!!!
I should have gotten a lawyer but I didn’t know any better and I really didn’t think I was worth it. There is so much shame involved with nurses with drug addictions!
So I signed it and finished in 2008.
Here I am in 2017 looking for a job,
Yet these restrictions on my license
Keep me from even getting an interview!
I have been sober 16 years yet
That isn’t on the application and the potential employers don’t look at how long ago the discipline was.
Is there hope for me?
If there would have been a blog like this back then maybe I would have done things differently!
I remember asking my new monitoring agent
” where is my advocate ?” “I need an advocate!” She repeated told me she could not give me advice or suggestions…( she was a lawyer too)
I have no convictions or felonies.
I have 29 years experience as a nurse….
Any suggestions?
Thank you for this blog…
If you entered into an Agreement with the Nursing Board with permanent restrictions those restrictions may not be removed. If your agreement has language that states “unless otherwise approved” then you can request for approval to take a position even if it is a restricted position. In terms of employment, many nurses are able to secure employment with permanent restrictions on their license. It is important to get your foot in the door. Apply for places where you can walk in an introduce yourself or where you know someone who will vouch for you. Once you get your foot in the door you can explain your past and will have a better chance at getting a job. You might also look for position in a dialysis center or to do chart reviews that do not involve patient care. At least in the short run this will get your foot in the door. Your experience with the Nursing Board is what we hear all the time. But, you should be able to find employment, even with a restricted license. I wish you the best.
My daughter obtained her nursing license this past summer and began working full-time in an ICU unit where you work three 12-hour days — switching nights to days every 3 or 4 weeks. She has been diagnosed with depression and the switching of shifts caused her to deviate from her regular medication schedule and caused a crazy sleep pattern. Due to this, she dipped into sedation meds while on and off the job. She has told her employer everything and has self-reported. She has done inpatient therapy for 5 days and is currently doing intensive outpatient therapy for three weeks. She has an “interview” with the Board coming up which is voluntary. Do you think she will be able to keep her nursing license? They said you can have an attorney present at the “interview”. What would you suggest?