Category Archives: Notice of Opportunity for Hearing

46 Ohio nurses did not defend themselves?!

Posted on by
Reply

 

Yesterday, I attended the January meeting of the Ohio Board of Nursing.  On the morning agenda, the Members of Nursing Board voted to issue a Notice of Opportunity for Hearing, Notice of Immediate Suspension, or Notice of Automatic Suspension to over 60 nurses.

Additionally, the Nursing Board voted to impose a final disciplinary sanction (suspension, revocation, or limitation) on over 100 nurses’ professional licenses in Ohio.  I was struck and saddened to learn that in 46 cases, the nurse failed to request a hearing and never introduced ANY evidence in their defense.

If a nurse fails to request a hearing, the Nursing Board is authorized to impose any sanction from dismissal of the case to permanent revocation of the nurse’s license.  If a nurse fails to request a hearing, the nurse may not submit any evidence in their defense.

It cannot be understated the positive effect that can result when a nurse presents “their side of the story”, explains what happened, and puts the Nursing Board’s allegations into context.  The Nursing Board members like to see that the nurse understands the gravity of the allegations, accepts responsibility (where warranted), and fights for their license.  In certain instances, where the nurse presents evidence rebutting or refuting the Nursing Board’s charges, the Nursing Board has been known to dismiss certain counts in the Notice or dismiss an entire case against the nurse.

At the meeting yesterday, based on mitigating evidence that was introduced in one case, the Nursing Board modified the recommendation of the Hearing Examiner from a 6 month suspension to no suspension and simply placed the nurse on probation.

As a nurse, you have worked hard for your professional license.  If you are notified by the Nursing Board that they propose to take an action against your license, request a hearing and defend yourself.  While you may represent yourself before the Nursing Board, please note that the Nursing Board will be represented by an attorney from the Office of the Ohio Attorney General who will prosecute the case on behalf of the Nursing Board.  It is recommended that you should also have experienced counsel to represent you in this stressful and difficult process.

If you have any questions about this blog 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.

When should you self report to the Ohio Board of Nursing?

Posted on by
Reply

In certain instances, it may be beneficial to self-report to the Nursing Board, even if not required by law.  How and when should this be done?  There are no simple answers.

In Ohio, the Nursing Board can take a disciplinary action against a nurse who has been convicted of a felony, a misdemeanor committed in the practice of nursing and a misdemeanor involving a “crime of moral turpitude”.  Many crimes fit under the definition of a “moral turpitude”, such as assault charges, domestic violence, sexual imposition, child abuse, neglect, just to name a few.

The Nursing Board is also always on the lookout for nurses who are impaired in their ability to practice because they suffer from drug, alcohol or mental health issues.  The Nursing Board is authorized to take a disciplinary action against a nurse who is unable to practice according to acceptable and prevailing standards of safe nursing care without appropriate treatment, monitoring, or supervision.

When you renew your nursing license, you must disclose to the Nursing Board any convictions that you received since your last renewal.  You must also disclose to the Nursing Board if you have been diagnosed with a substance abuse, dependency, or mental health issue which impairs your ability to practice.  However, as you only renew your license every two years, there are instances where you may want to self-report a conviction or diagnosis to the Nursing Board PRIOR to the time you are to renew your license.  However, WHEN to self-report, WHAT information should be reported, and WHAT supporting documents or information you should provide to the Nursing Board all depend on the individual facts and circumstances in your case.

Therefore, before you self-report to the Nursing Board, you should consider seeking experienced legal counsel to assist you to determine WHEN is the best time to self-report and to make sure you provide correct and complete information to the Nursing Board.

As always, if you have any questions about this post or the Ohio Board of Nursing in general, please feel free to contact one of the attorneys at Collis, Smiles and Collis, LLC at 614-486-3909. You may also look for more information at http://www.collislaw.com.
.