Extension to Renew Ohio LPN licenses

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Posted on June 3, 2020 by Beth Collis

Ohio LPN licenses expire on November 1, 2020. However, the Ohio Coronavirus Omnibus Act, H.B. 197, effective March 27, 2020, authorizes extending Ohio LPN licenses that expire during the declared emergency.

Ohio LPN licenses will remain valid until the earlier of either 90-days after the date the emergency ends or December 1, 2020, unless revoked, suspended, or otherwise subject to discipline or limitations.

The Ohio LPN license renewal window is scheduled to begin on July 1, 2020 and the Ohio Board of Nursing encourages Ohio LPNs to renew their licenses between July 1 and October 31, 2020. However, if the declared emergency continues, Ohio LPN licenses that are not renewed will not expire/lapse until the expiration date established in accordance with HB 197.

If the period to renew Ohio LPN licenses is extended, the Ohio Board of Nursing will notify LPNs through the website, social media, and email. To receive information from the Ohio Board of Nursing, it is strongly recommended that you ensure that the Ohio Board of Nursing has your most up to date contact information, including your email address.

Renewal is to be completed online using the Ohio eLicense system, a comprehensive professional regulatory license system used by a variety of state licensing boards, the same system used during the last renewal period.

Please note that incomplete applications will not be accepted by the online system.

Additional Documents May Be Required:

If you respond Yes to any of the questions on the renewal application, you may be asked to provide documentation of citizenship, court documents or other information that may be required as part of your renewal application Be prepared to upload the documents electronically through the online system. The Ohio Board of Nursing will not accept hard copies of supporting documentation.

For information about the LPN renewal process, see:
LPN Renewal 2020 and Ohio Board of Nursing

If you have any questions on how to respond to questions on the renewal application, need to disclose a conviction or other conduct on your application or need assistance to complete the renewal application, you should consider hiring experienced counsel to assist. As always, if you have any questions about this post or about the Ohio Board of Nursing in general, please feel free to contact Beth Collis or Todd Collis.

Use of Social Media by Nurses in Ohio

Posted on November 28, 2018 by Beth Collis

The Ohio Board of Nursing’s (“OBN”) Fall 2018 edition of Momentum Magazine includes an interesting article concerning the use by nurses of social media. The article addresses the American Nurses Association’s (“ANA”) Principles for Social Networking and the Nurse. See: https://www.nursingworld.org/~4af4f2/globalassets/docs/ana/ethics/social-networking.pdf.

Although the ANA Principles provide useful guidance concerning the use by nurses of social media, nurses licensed in Ohio are required to observe the OBN’s laws and rules concerning use of social media which include, but are not limited to, the following:

OAC 4723-4-03(H) and 4723-4-04(H): These are OBN rules which provide in part that registered nurses and practical nurses licensed in Ohio shall not disseminate patient information for purposes other than patient care, or for otherwise fulfilling the nurse’s assigned job responsibilities, through social media, texting, emailing or any other form of communication.

These rules prohibit nurses licensed in Ohio from using social media, texting, emailing or any other form of communication to disseminate patient information for purposes other than patient care, or for otherwise fulfilling the nurse’s assigned job responsibilities.

OAC 4723-4-06(Q): This is an OBN rule which provides that, for purposes of OBN rules OAC 4723-4-06(I), (J), (K), (L), and (M), a nurse shall not use social media, texting, emailing, or other forms of communication with, or about a patient, for non-health care purposes or for purposes other than fulfilling the nurse’s assigned job responsibilities.

This rule prohibits a nurse licensed in Ohio from using social media, texting, emailing, or other forms of communication with, or about a patient, for non-health care purposes or for purposes other than fulfilling the nurse’s assigned job responsibilities, for purposes of the OBN’s requirements that a nurse licensed in Ohio:

-maintain professional boundaries;

-provide patient privacy and courtesy;

-not engage in behavior that causes, may cause, or may reasonably be interpreted as, physical, verbal, mental, or emotional abuse;

-not misappropriate a patient’s property;

-not engage in behavior for, or that may reasonably be interpreted as behavior for, personal gain at a patient’s expense;

-not engage in inappropriate involvement in, or that may reasonably be interpreted as inappropriate involvement in, a patient’s personal relationships or financial matters;

-not engage in sexual conduct with a patient;

-not engage in conduct in the course of practice that may reasonably be interpreted as sexual; and

-not engage in any verbal behavior that is, or may reasonably be interpreted as, seductive or sexually demeaning to a patient.

A nurse licensed in Ohio who is determined by the OBN to have failed to comply with any of these rules based on the improper use of social media, texting, emailing, or any other form of communication is subject to disciplinary action by the OBN.

As noted in the OBN article, “The use of social media carries with it much responsibility. Please be aware of your responsibilities and professional obligations and how its use may impact you.”

As always, if you have any questions about this post or the Ohio Board of Nursing, contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or go to our website at http://www.collislaw.com for more information.

Ohio Nurses with Narcotic Restrictions: You CANNOT Observe Waste

Posted on November 8, 2018 by Beth Collis

A nurse who is the subject of a disciplinary action by the Ohio Board of Nursing may, in certain instances, have one or more restrictions placed on their nursing license. One type of restriction is a narcotics restriction.

Although the language of a narcotic restriction can and does vary depending on the facts and circumstances of each case, the Ohio Board of Nursing’s narcotic restriction typically provides:

“Unless otherwise approved in advance, in writing, by the board or its’ designee, NURSE shall not administer, have access to, or possess (except as prescribed for NURSE’s use by another so authorized by law who has received a complete copy of this Consent Agreement prior to prescribing for NURSE) any narcotics, other controlled substances, or mood-altering drugs in which NURSE is working in a position that requires a nursing license. In addition, NURSE shall not possess or carry any work keys for locked medication carts, cabinets, drawers, or containers. NURSE shall not count narcotics. NURSE shall not call in or order prescription refills for narcotics, other controlled substances, or mood-altering drugs.”

As stated noted above, a nurse with a narcotics restriction may not count narcotics. Counting narcotics includes, but is not limited to, observing the waste of unused narcotics by another nurse because observing waste is considered part of the counting process. If you have a narcotics restriction on your license, you may not observe waste and you should ensure that your employer is aware that your narcotic restriction prohibits you from observing waste before you are in a situation where you are asked to witness another nurse wasting.

Narcotic restrictions can be permanent or temporary. If the narcotic restriction is permanent, the nurse must comply with the narcotic restriction on a permanent basis, unless the narcotic restriction includes the language, “Unless otherwise approved in advance, in writing, by the board or is designee”. This language permits the nurse to request the Nursing Board’s approval for a specific exception to the permanent narcotic restriction.

If the narcotic restriction is temporary, the nurse must comply with the narcotic restriction during their entire probationary period or, in certain cases, for a shorter period. If the temporary narcotic restriction includes the language, “Unless otherwise approved in advance, in writing, by the board or its’ designee”, the nurse may request the Nursing Board’s approval for a specific exception to the temporary narcotic restriction.

As always, if you have questions about this post or the Ohio Board of Nursing, contact one of the attorneys at Collis Law Group LLC at (614) 486-3909 or contact me at beth@collislaw.com.

Ohio Licensed Practical Nurses: It Is Time To Renew Your Nursing License

Posted on June 19, 2018 by Beth Collis

Renewal of Ohio licensed practical nurse (“LPN”) licenses begins on July 1, 2018 and ends on October 31, 2018. It is recommended to renew as soon as possible.

It is a disciplinable offense to engage in the practice of nursing having failed to renew a nursing license. An Ohio LPN license which is not renewed will lapse on November 1, 2018. An Ohio LPN whose nursing license has lapsed is not authorized to work as a nurse until their nursing license is reinstated by the Ohio Board of Nursing.

The renewal fee is $65.00, plus a $3.50 transaction fee. A late processing fee goes into effect on September 16, 2018. An Ohio LPN who renews their nursing license on or after September 16, 2018 must pay an additional $50.00. Fees must be paid online at the time of renewal with a credit or debit card (Master Card, VISA or Discover), or pre-paid card. The renewal application will not be processed until all required fees are submitted. All fees are non-refundable.

The renewal application includes, but is not limited to, questions concerning criminal, licensure, mental health matters, and alcohol/drugs matters. All information provided in the renewal application is required to be true and accurate. Depending on the response given to certain questions in the renewal application, uploading an explanation and Certified copies of certain specific documents is also required.

In certain cases, the renewal application may be forwarded to the Ohio Board of Nursing Compliance Unit for review and an Ohio Board of Nursing investigator may contact the LPN to obtain additional information. In other cases, a Consent Agreement may be offered to the LPN to resolve a disciplinable offense instead of preceding to an administrative hearing.

If you do not understand a question in your LPN renewal application, or do not know what additional information to upload with your renewal application, it is recommended to obtain experienced legal counsel to assist you before submitting your LPN renewal application, speaking with an Ohio Board of Nursing investigator, or signing a Consent Agreement.

For additional renewal application information from the Ohio Board of Nursing, see: http://www.nursing.ohio.gov/PDFS/Licensure/Renewal/Renewal_Momentum.pdf.

As always, if you have questions about this post or the Ohio Board of Nursing, contact one of the attorneys at Collis Law Group LLC at (614) 486-3909.

Ohio Nursing Board Investigations

Posted on February 23, 2018 by Beth Collis

A person may report to the Ohio Board of Nursing (“Nursing Board”) information the person has that appears to show a violation of a Nursing Board law or rule. The Nursing Board is required to investigate evidence that appears to show a violation of a Nursing Board law or rule.

The Nursing Board employs investigators who are located throughout Ohio. Each complaint received by the Board is assigned to an investigator. The investigator collects and reviews documents and interviews relevant parties.

In most instances, the investigator will also contact the nurse who is the subject of a complaint by phone, email, or correspondence and request the nurse to meet or speak with the investigator to address the concerns in a complaint or to give their “side of the story.”

In Ohio, a nurse’s participation in a Nursing Board investigation is voluntary, however, any information provided to the investigator may be used against the nurse in a Nursing Board disciplinary action.

Further, Ohio Revised Code Section 9.84 provides in part that a person who appears as a witness before any Nursing Board representative in an administrative investigation shall be permitted to be represented and advised by an attorney, and that the person shall be advised of the right to counsel before they are interrogated. We have seen printed on the back of a Nursing Board investigator’s business card the following statement:

“I have been advised by the OBN Agent that (i) I have the right to have an attorney present (per 9.84, ORC) and (ii) my interview is voluntary.”

However, in the stress of meeting with a Nursing Board investigator, a nurse might not take the time to read the card, and, even if they do read the card, they might feel uncomfortable requesting to postpone the meeting after they obtain legal counsel.

It is recommended to request and obtain legal counsel before speaking with or responding in writing to a Nursing Board investigator. Often, nurses are concerned that it will appear that they are hiding something or are uncooperative if they first obtain legal counsel. This is not the case. There are circumstances where it is advisable for a nurse and their legal counsel to meet with a Nursing Board investigator. Legal counsel can assist with protecting your rights, narrowing the issues, and providing guidance concerning the process.

It is also important to note that any information obtained by a Nursing Board investigator can be shared with local law enforcement if information is obtained that appears to show that a nurse has violated a criminal or other law outside of the Nursing Board’s jurisdiction.

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.

Disclosures to the Ohio Board of Nursing

Posted on January 23, 2018 by Beth Collis

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.

Nurses: Marijuana is still Illegal in Ohio, and a Positive Drug Screen could lead to Discipline

Posted on November 10, 2017 by Beth Collis

Marijuana for medical or recreational purposes is now legal in some states, such as Colorado and Oregon. However, use of marijuana is still illegal in Ohio. If employed as a nurse, you can be subjected to pre-employment, for cause, or random drug tests. If you test positive for marijuana, you may be terminated from your job and may be subjected to discipline by the Ohio Board of Nursing. Chemicals in marijuana, mainly THC, can show on a urine, blood, saliva or hair follicle drug test after 120 or more days, based on usage and other personal factors. (See Samhsa.gov for guidance on drug testing).

According to RC 4723.28(B)(8), it is a disciplinable offense for a nurse to be self-administering or otherwise taking into the body any dangerous drug, as defined in RC 4729.01, in any way that is not in accordance with a legal, valid prescription issued for that individual, or self-administering or otherwise taking into the body any drug that is a Schedule I controlled substance. (Marijuana is defined as a Schedule I substance.)

Courts have held that an employee is not protected from a wrongful discharge even if they are lawfully taking medical marijuana, and test positive at work. (Coats v. Dish Network). This is because marijuana is unlawful under Federal Law, which the court determined prevails in this situation.

The Ohio Board of Nursing routinely takes disciplinary action against a nurse who tests positive for marijuana, even in cases where the nurse has consumed marijuana in a legal jurisdiction. Therefore, it is important for Ohio nurses to be aware of the risks they take if consuming marijuana, whether it be legally or illegally. Testing positive on a drug screen may result in a disciplinary action against your nursing license.

The Ohio Board of Nursing’s Practice Intervention and Improvement Program

Posted on October 13, 2017 by Beth Collis

The Ohio Board of Nursing is the state agency that regulates the practice of nursing in Ohio. The mission of the Nursing Board is to protect the public by ensuring that nurses have the skills to provide care to patients. In instances where a nurse has violated the Ohio Nurse Practice Act, the Nursing Board has the authority to take a disciplinary action, such as to suspend or revoke a nurse’s license to practice in Ohio. However, in instances where the Nursing Board has reason to believe that a nurse has a deficiency in their practice that may be corrected, the Board may require the nurse to seek additional education and/or training.

The Nursing Board’s Practice Intervention and Improvement Program (“PIIP”) permits the Nursing Board to offer a nurse an opportunity to seek remedial education and training in a specific area instead of taking disciplinary action against a nurse who has a practice deficiency. The PIIP program is considered non-disciplinary and does not constitute a restriction or limitation on a nurse’s license. Participation in PIIP is confidential.

The criteria the Nursing Board uses to identify an individual’s practice deficiency includes, but is not limited to:

(1) Whether the public will be adequately protected from unsafe practice if the individual enters PIIP;
(2) Whether the individual’s practice deficiency resulted in harm to the patient;
(3) The likelihood that the identified practice deficiency can be corrected through remediation;
(4) The frequency of the occurrence of the practice deficiency;
(5) Whether the individual is eligible for participation in PIIP under 4723-18-03 of the Administrative Code; and
(6) Whether the individual has a mental or physical impairment that contributed to the practice deficiency.

If the supervising member believes, after investigation and review, that the individual’s practice deficiency can be successfully corrected through participation in PIIP, the Nursing Board may choose to take no disciplinary action. This decision is generally reached, if the individual enters into a Participatory Agreement with PIIP, complies with the terms and conditions of PIIP, and successfully completes PIIP.

The PIIP Participatory Agreement includes, but is not limited to, provisions that:

(1) Identify the practice deficiencies and the specific remediation (including educational interventions) the participant must complete;
(2) Require the participant to pay all expenses for the required remediation;
(3) Require the participant to provide the Participatory Agreement to a manager of the participant’s employers;
(4) Require the participant to participate in workplace monitoring;
(5) Require the participant to cause all workplace monitors to provide remediation and to send written progress reports regarding the participant’s progress to PIIP at specified intervals;
(6) Require the participant to submit a written personal progress report containing the information required by PIIP to PIIP at specified intervals; and
(7) Specify the terms and conditions the participant must meet to successfully complete the remediation, including the time frames for successfully completing both the educational intervention and workplace monitoring components of the remediation.

Generally, to comply with PIIP, the nurse will identify a nurse educator who will prepare an individualized course of study for the nurse. The course may include a series of written materials to review or a list of on-line continuing education courses that must be completed. The course of study is almost always tailored to the individual need of the nurse and generally does not require the nurse to return to complete coursework in a nursing school setting or to repeat an entire nursing course. The educator will generally meet individually with the nurse to evaluate their skills to determine if the deficiency in their practice has been remediated. In most instances, the nurse can complete the remedial education in a matter of weeks.

A PIIP participant can be terminated from PIIP for reasons including, but not limited to, the failure to: 1) comply with the Participatory Agreement; 2) progress through or successfully complete the educational intervention in the manner and time frame required; or 3) incorporate learned knowledge and skills into practice.

In addition to avoiding public discipline, a participant who successfully completes PIIP will not be reported to the National Council of State Boards of Nursing disciplinary data bank or the National Practitioner Data Bank (NPDB) unless the Nursing Board imposes disciplinary action against the participant.

TYPICALLY, A CONSENT AGREEMENT WHICH HAS BEEN SIGNED BY A NURSE AND THE OHIO BOARD OF NURSING IS FINAL AND GENERALLY WILL NOT BE MODIFIED

Posted on September 19, 2017 by Beth Collis

In our private practice of representing nurses before the Ohio Board of Nursing, we are often contacted by nurses who have entered into a Consent Agreement with the Nursing Board and who want to change the terms after the Consent Agreement has already been approved by the nurse and the Nursing Board. Typically, however, a Consent Agreement which has been approved by the nurse and the Nursing Board is final and will not be renegotiated.

A Consent Agreement is a legally binding contract that a nurse may enter into with the Nursing Board to resolve a pending disciplinary matter. For example, in some instances, a nurse will agree in the Consent Agreement to allow their license to be placed on suspension or on probation, and to be subject to various conditions, such as random drug screens or completion of CEUs in addition to CEUs required for license renewal. The time to propose and negotiate changes to the Consent Agreement is before the Consent Agreement has been signed by the nurse and the Nursing Board.

While certain provisions in the Consent Agreement are considered by the Nursing Board to be non-negotiable, there are certain sections of the Consent Agreement which may be negotiated. For example, information pertaining to completed treatment for impairment or other relevant evidence in support of the nurse’s defense may be negotiated to be included in the Consent Agreement. Additionally, there are certain instances where the Board will negotiate the duration of a suspension or probation based on the evidence in the matter.

We are also contacted by nurses who have violated their Consent Agreement and want to attempt to negotiate more favorable or different terms with the Nursing Board. Although there is a “standard” provision in most Consent Agreements permitting modification of the Consent Agreement upon the written agreement of the nurse and the Board, it is our general experience that the Nursing Board does not re-negotiate Consent Agreements. For example, if a nurse is required to pay a $500 fine within 6 months of the Consent Agreement taking effect and the nurse fails to do so, it is our general experience that the Nursing Board will not agree to modify the terms of the Consent Agreement to require the nurse to pay a $250 fine instead. Similarly, if a nurse is required to submit to random drug screens for 1 year and tests positive for drugs – even on 1 screen – the Board will not modify the Consent Agreement to eliminate the random drug screening requirement.

Additionally, failure of a nurse to comply with the terms of the Consent Agreement generally results in the Nursing Board suspending the nurse’s license based on a violation of the Consent Agreement. If the Board suspends the nurse’s license based on the nurse’s failure to comply with the terms of the Consent Agreement, the earliest the nurse could have their license reinstated would be at the Board meeting subsequent to the suspension, and, in certain instances, it can take longer. In this regard, please note that the Nursing Board meets every other month.

Prior to entering into a Consent Agreement with the Nursing Board, it is important that you fully understand and agree to all terms and conditions of the Consent Agreement. After the Consent Agreement is signed by the nurse and by the Nursing Board, the Consent Agreement is a legally binding contract between the nurse and the Nursing Board which is, generally, considered by the Nursing Board to be final and not subject to modification.

As always, if you have any questions about this post or about 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.

Ohio RNs – License Renewal Time!

Posted on July 21, 2017 by Beth Collis

On July 1, 2017, the renewal window opened for registered nurses in Ohio. The sooner you renew, the better.

Cost and Timing:

Prior to September 15, 2017, the fee to renew your RN license is $65.00. An RN Renewal Application filed after September 15, 2017 will also include a $50.00 late fee. The RN license renewal window closes October 31, 2017. After October 31, 2017, your RN license is considered by the Ohio Board of Nursing (“Nursing Board”) to have lapsed and you are unauthorized to practice nursing in Ohio until reinstated.

For instructions on renewing your RN license and to review the questions in the RN Renewal Application go to: http://www.nursing.ohio.gov/PDFS/Forms/Samples/SAMPLE-RN_Renewal_App-2017.pdf

When you are ready to renew your RN license, go to: http://www.nursing.ohio.gov/forms.htm#RenewalForms

Questions on the RN Renewal Application:

The RN Renewal Application includes, but is not limited to, questions concerning your employment, residency status, Social Security number, criminal matters, medical or mental health matters, and substance abuse matters. You are required to answer all questions on the RN Renewal Application truthfully and accurately. Additionally, there are certain instances where you are required to upload with your RN Renewal Application specific documents and a written statement explaining your response to a particular question(s) in the RN Renewal Application.

Based on the response(s) in your RN Renewal Application, the Nursing Board may open an investigation. If an investigation is opened, you may be contacted by a Nursing Board investigator by phone or email requesting additional information or documentation concerning your response(s).

If you do not understand a particular question(s) in the RN Renewal Application, or do not know what additional information to submit to the Nursing Board in support of your RN Renewal Application, it is recommended to obtain experienced legal counsel to assist you with preparation of your response or before speaking with a Nursing Board investigator.

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