Category Archives: Ohio Board of Nursing

information related to the Ohio Board of Nursing disciplinary, licensure and education process

Nurses, if you drink this holiday weekend … take a cab home.

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At the start of this holiday weekend, I wanted to reach out to Ohio medical professionals and remind them that their behavior is of concern to the Ohio Board of Nursing whether at work or at home. If you venture out this weekend to an end of summer holiday party and knock back a few beers or a couple of jello shots, take a cab home.

Each year, dozens (if not hundreds) of nurses receive alcohol related traffic violations. DUIs, OVIs, reckless operation charges, and any alcohol related misdemeanor may lead to discipline taken by the Ohio Board of Nursing against your nursing license. You don’t have to be “drunk at work” or fail a breathalyzer test on the way to work for the Nursing Board to be concerned about your ability to practice safely as a nurse in Ohio. Alcohol related traffic violations can lead to your nursing license being placed on probation and may subject you to random drug screens and Nursing Board monitoring for lengthy periods of time. The severity of the charges may also lead to suspension of your Nursing license.

I have written about this issue in the past. See my June 11 post about the requirement to disclose alcohol related convictions on your renewal application; my May 25 post about not being able to consume alcohol in ANY form if you are being monitored by the Board, and my April 30 post featuring the top three reasons the Nursing Board takes disciplinary action against a nurse (alcohol and drug usage being one of the top three reasons for Board discipline).

If you are going to “party” this weekend, be smart about it. Don’t get behind the wheel of the car if you have been drinking. Don’t risk your professional license.Take a cab home.

If you have any questions about this post or the Ohio Board of Nursing in general, please feel free to contact me at (614) 486-3909 or email me at beth@collislaw.com.

You can be licensed as a nurse in Ohio with a criminal history … depending on the crime

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In Ohio, it is possible to be licensed as a nurse even if you have a prior criminal background. However, there are certain crimes that are considered absolute bars to licensure and if convicted of one of these particular crimes, you will be permanently barred from ever being licensed as a nurse in the state of Ohio. Crimes that are an absolute bar to licensure include: Aggravated Murder, Murder, Voluntary Manslaughter, Felonious Assault, Kidnapping, Rape, Sexual Battery, Aggravated Robbery, Aggravated Burglary, Gross Sexual Imposition, and Aggravated Arson.

If you have a prior criminal history that does not include one of the absolute bars listed above, you may attend nursing school and apply for a license in Ohio. You will be required to inform your nursing school at the time of admission of your criminal history and the school can choose whether or not to admit you to their program based on the severity of the crime. However, each school has a different standard for their admission criteria. You should speak to the admissions director at the school prior to applying to determine if your prior criminal history would prevent you from entering the nursing program.

However, completion of a nursing program, even from an accredited nursing school, does not guarantee that you will be licensed as a nurse in Ohio. Even if you have not been convicted of one of the absolute bar listed above, you must disclose your conviction on the application for a nursing license in Ohio. The nursing board reviews all applications in detail and will decide on a case by case basis if they will grant you a license. In considering whether the Ohio Board of Nursing will issue you a license, they will consider factors such as your age at the time of the conviction, whether the conviction involved drugs or alcohol, whether you placed someone else’s life in danger, and whether the conviction involved a minor.

In addition, the Ohio Board of Nursing will not advise you in advance of you attending nursing school whether you will be granted a license. So, if you have a criminal conviction, you do run the risk of attending nursing school and not being licensed in Ohio or being licensed subject to disciplinary action. However, the Board will consider the individual facts in your case and if you have not been convicted of one of the absolute bars listed above, the Board has the authority to grant you a license.

For more information about seeking a license as a nurse in Ohio with a prior criminal history, go the following link at the Board’s website: http://www.nursing.ohio.gov/PDFS/Discipline/CriminalHistory.pdf

As always, if you have any questions about this post or the Ohio Board of Nursing in general, please feel free to contact me at 614-486-3909 or email me at beth@collislaw.com.

If you received a Notice for Opportunity for Hearing .. request a hearing

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On Friday, July 27, the Ohio Board of Nursing held its bi-monthly meeting. At that meeting, the Board voted to take disciplinary action against dozens of nurses in the state of Ohio. Nurses who face discipline by the Board will be mailed a Notice of Opportunity for Hearing, Notice of Summary Suspension or Notice of Automatic Suspension of their nursing license by certified mail.  This is not a final decision by the Board.  These Notices outline the charges that the Board has alleged against you.

If you receive notification from the post office that you have a certified letter from the Nursing Board, immediately go to the post office and collect the letter as there are important time sensitive deadlines which, if not met, can have a permanent effect on your license.

If you want the Board to hear “your side of the story” you must request a hearing in writing to request a hearing by the deadline in the Notice. This can be done by following the instructions in the Notice. A request for a hearing is a simple letter sent to the Board stating that you would like a hearing. You do not need to list your defenses or reasons why you want a hearing. You simply need to state in the letter that you would like a hearing.

You only have thirty (30) days from the date the Notice was MAILED to you to request a hearing.  The 30 day time frame starts on the date that the letter was mailed to you and not on the date that you received the letter. Failure to request a hearing will prevent you from providing any evidence on your behalf to the Board.

I am often asked “why should I even request a hearing … the Board has already made a determination.” This is not correct.  These Notices only list allegations raised against you.  While the Board has conducted an investigation prior to issuing the Notice, in most cases they have only considered one side of the evidence. By requesting a hearing you will be able to present your side of the story.

Even in cases where the nurse has violated the Ohio Nurse Practice Act, by presenting your side of the story and explaining what challenges you faced or what you were thinking when the error occurred, you increase the chances of getting a lighter sanction from the Board than if you simply do not even request a hearing.

You worked hard for your nursing license. There are always two sides to any story. If you receive a Notice of Opportunity for Hearing, a Notice of Summary Suspension, or a Notice of Immediate Suspension, request a hearing within the deadline and make sure the Board hears your side of the story before they make a final determination.

You should also consider hiring experienced legal counsel to defend you before the Nursing Board. When considering how to hire an attorney, check out my previous post on “How to Hire an Attorney”.  Your livelihood depends on you finding experienced legal counsel that you trust to help in your defense.

As always, if you have any questions about this post or the Ohio Board of Nursing in general, feel free to contact me at (614) 486-3909 or email me at beth@collislaw.com.

Nursing Board Consent Agreements Are Binding Contracts and Generally Can Not Be Changed

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A Consent Agreement is a written contract between a nurse and the Ohio Board of Nursing. A Consent Agreement is a voluntary agreement that outlines the discipline that will be imposed against a nurse. A Consent Agreement is similar to a plea bargain in a criminal case. The nurse agrees to certain disciplinary conditions, in lieu of proceeding to an administrative hearing before the Board. By entering into the Consent Agreement, the nurse generally admits to certain misconduct and agrees to comply with certain disciplinary terms.

It is important to keep in mind that once you enter into a Consent Agreement, you are required to complete all terms. Depending on the specific language of the Consent Agreement, you can, in certain circumstances, request modifications to a Consent Agreement after a period of time. However, if the Consent Agreement does not specifically provide that the Consent Agreement may be modified, generally you cannot “get out” of or change the terms of the Consent Agreement.

In most cases, for the probationary period to toll, the nurse needs to work in a position where a nursing license is required. Consent Agreements typically always provide that any time that the nurse is not employed in a nursing position will not reduce the probation or monitoring period.

Generally, once you enter into the Consent Agreement, the only way to “get out” of the Agreement is to comply with its terms. Often nurses have “buyer’s remorse” when they enter into a Consent Agreement and after several months, they no longer want to comply with the terms of the Consent Agreement. However, in most cases, unless the nurse has complied with all the terms of the Consent Agreement the probationary period will not be lifted or modified.

Also, at the end of the probation period, the Consent Agreement does not automatically end. The nurse needs to affirmatively request to be released from all probationary terms of the Consent Agreement.

Consent Agreements are contracts entered into between the nurse and the Board of Nursing. As you may be subject to compliance terms for many months, years, or even indefinitely, it is imperative that you understand the terms of the Consent Agreement BEFORE you sign it.

You worked hard for your professional license. As I have said in previous posts, prior to entering into any agreement with the Ohio Board of Nursing, it is important that you seek experienced legal counsel to assist and represent you.

As always, if you have any questions about this post, or about the Ohio Board of Nursing in general, feel free to contact at me (614) 486-3909 or email me at beth@collislaw.com.

Yes, you must disclose your DUI on your nursing license renewal form

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This spring, all LPNs will renew their licenses in Ohio. To renew your license, you should have been sent information by mail that will allow you to renew your license on-line. If you have not received renewal information, you can contact the Nursing Board at renewal@nursing.ohio.gov and you will be mailed a paper renewal form.  All renewals must be submitted by the deadline (June 30) to avoid a late fee. For renewal instructions go to: http://www.nursing.ohio.gov/PDFS/Licensure/2012_LPN_Renewal_Instructions.pdf

On the renewal form, you will be asked a series of questions. One question that seems to concern many nurses that I am routinely asked about is the following question:

Yes or no. Do you have a  “misdemeanor in Ohio, another state, commonwealth, territory, province or country. This does not include traffic violations unless they are DUI/OVI. (Ohio Board of Nursing 2012 Renewal application, emphasis add)

If you have a DUI, even if it was reduced to a reckless operation of a vehicle, you must check YES. Even if your case has been sealed or expunged or is in another state,  … you need to check YES. A DUI or reckless operation charge is a misdemeanor and is not a simple traffic violation. Traffic violations that do not typically have to be disclosed are things like “rolling a stop sign” or “going 45 in a 35 mph zone”. However, any DUI/OVI related traffic violation should be disclosed to the Nursing Board at the time of renewal.

If you have been convicted of a misdemeanor DUI or alcohol related reckless operation of a vehicle, the Board has the authority to take a disciplinary action, including suspending your nursing license, placing your license on probation,  or placing a restriction on your license.

As always, if you have any questions about this post or about the Ohio Board of Nursing in general, feel free to contact me at 614-486-3909 or email me at beth@collislaw.com.

What part of NO ALCOHOL don’t you understand?

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Nurses who suffer from substance abuse or substance addiction and who are monitored by the Ohio Board of Nursing in either the confidential Alternative Program for Chemically Dependent Nurses Program or pursuant to a Consent Agreement or other public disciplinary action, are typically required to submit to random (often observed) toxicology drug screens. The screens will detect not only alcohol content in the body but can even detect the metabolites of alcohol (evidence that the body is processing or breaking down alcohol). The tests are very sensitive virtually any consumption or exposure to alcohol  in the 3-4 days proceeding such consumption or exposure will be detected.

Prior to initiating the screening process, nurses are advised that they may not consume any alcohol or any substances that may contain alcohol. They are clearly warned to not consume any alcohol, including: beer, wine, liquor, “non-alcoholic” beers and cooking wines. They are also warned to stay away from topical ointments that may contain alcohol and to stay away from cleaning products or aerosols that may contain alcohol. Nurses are usually surprised to learn that many cleaning products contain alcohol and they do not realize that hand sanitizers (the same kinds routinely used in hospitals, nursing homes, schools, etc.), aftershave, air fresheners (Febreze), contain some amount of alcohol.

Despite this requirement, nurses routinely test positive for alcohol or for the metabolites of alcohol in their system (positive ETG test).   Ethyl Glucuronide (ETG) is a direct metabolite of alcoholic beverages (ethanol).  Its presence in urine may be used to detect recent alcohol consumption, even after ethanol is no longer measurable.  The presence of ETG in urine is a definitive indicator that alcohol was ingested.

When questioned, many will initially deny use. Then, they will try to argue that they used a hand sanitizer or over the counter medications, which may have resulted in a positive alcohol or ETG drug screen.

However, while the tests (specifically the ETG test) are very sensitive and can detect consumed alcohol, the cut off for the screening is above the level that would test positive in an “accidental” exposure. Generally, merely cleaning your house with Lysol or spraying your couch pillows with Febreze should not result in a positive screen. However, consuming Nyquil for a cold will result in a positive screen.

As always, if you have any questions about the Ohio Board of Nursing or this post, please feel free to email me at beth@collislaw.com or call me at 614-496-3909.

What is a Nursing Board Consent Agreement?

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Under the Ohio Nurse Practice Act, R.C. 4723.28, the Nursing Board can deny, revoke, suspend, reprimand, impose a fine or place limitations on a nursing license.

To take disciplinary action against a nurse, the Nursing Board first must  charge the nurse with violating some provision of the Ohio Nurse Practice Act. Notice is usually provided to the nurse in a citation letter, entitled, “Notice of Opportunity for Hearing.”  The Notice letter outlines the alleged misconduct (the basis for the action), specifies the section of the Nurse Practice Act that the nurse has allegedly violated, and provides the nurse with an opportunity to request a hearing before the Nursing Board concerning the allegations.

However, in some instances, the Nursing Board will send a nurse a document called a “Consent Agreement” without issuing a Notice.  The Consent Agreement is a contract between the nurse and the Nursing Board in which the nurse agrees that the specified violations of the Nurse Practice Act occurred, agrees to accept a specified discipline, and waives his or her right to a hearing. While signing a Consent Agreement may be the best route for the nurse, there are issues that should be considered before entering into a Consent Agreement with the Nursing Board.

A Consent Agreement is a formal disciplinary action of the Nursing Board and is a public document under the Ohio Public Records law (R.C. 149). As a public record, the Nursing Board must make the document available to the public and may post the actual agreement on their website. The Board will also list the name of the nurse and the discipline imposed in the Board ‘s quarterly Momentum magazine in the Disciplinary Actions section.

Negotiating the terms and condition of the Consent Agreement can result in changes and/or clarifications.  As with any legal, binding agreement, prior to signing the Consent Agreement, it is recommended to have it reviewed by experienced legal counsel so that you clearly understand what you are agreeing to in the document.

In addition, even after you complete any discipline imposed by the Consent Agreement, the Consent Agreement will always remain as a part of your professional record with the Nursing Board. Unlike some criminal cases, there is no way to seal or expunge a disciplinary action taken by the Nursing Board. Therefore,  it is important that you understand and agree to all the terms in the Consent Agreement and that the Consent Agreement accurately reflects the facts in your case.

As always, if you have any questions about this post or about the Ohio Board of Nursing in general, please feel free to email me at beth@collislaw.com or call me at 614-486-3909.

What the Nursing Board really cares about ..addiction, lies and convictions

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I had the opportunity to speak to a nursing school last week about the role of Ohio Board of Nursing. In preparing for the talk, I knew I would be asked “What is going to get me in trouble with the Nursing Board?”.  I have a pretty good idea of the types of actions that I regularly see investigated by the Board, but I also did a little research and reviewed the last few months’ list of disciplinary actions or proposed actions so I would be ready for this question.

I found, generally, the Nursing Board receives 3000 complaints each year. While the Board investigates all complaints, they only take action against approximately 600 nurses each year.

Half of the nurses disciplined or monitored by the Nursing Board involve cases of nurses who suffer from drug or alcohol abuse or dependency. (see my former post The Alternative Program for Chemically Dependent Nurses)   Many nurses voluntarily seek treatment and then are entitled to participation in the Board’s confidential monitoring program.

But, some nurses find themselves the subject of Board discipline after being found guilty of a DUI, or testing positive on a drug screen through their employer. Last month, the Nursing Board cited several nurses who tested positive at work for illegal street drugs or for medications for which they could not produce a valid prescription (ie. they had been given a prescription drug from a friend or family member)

In addition to actions against nurses who suffer from substance abuse, the Board also takes actions against nurses who have felony convictions and misdemeanors involving moral turpitude.  The Nursing Board recently cited nurses who had been charged with numerous crimes including: child endangering; Medicaid fraud; transporting or possessing a semi-automatic handgun; stealing narcotics; misdemeanor assault; illegal processing of drug documents; theft by deception, just to name a few.

The Board also takes action against nurses who have been disciplined by other state agencies (other state Nursing Boards) and they take actions against nurses for practicing outside of the scope of their license or for failing to disclose to the Board a disciplinary action or conviction from another agency or district (lies).

Most nurses are surprised to learn that the Nursing Board is genuinely concerned about conduct both at work and also outside of work. In addition to discipline related to practice, nurses can be subjected to disciplinary actions for “bad behavior” outside of the work setting. Nurses are routinely the subject of discipline by the Board for DUIs, assault, child abuse, neglect, passing a bad check and other crimes. As professionals, nurses are held to a high standard by the Board while at work and after work.

As always, if you have any questions about this post or the Ohio Board of Nursing in general, please feel free to email me at beth@collislaw.com or call me at 614-486-3909.

How to request a hearing with the Ohio Board of Nursing

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On November 20-22, 2013, the Ohio Board of Nursing met for its bi-monthly meeting. At that meeting, the Board voted to issue Notices of Opportunity for Hearing to over 80 nurses in Ohio.  The Notices either proposed to take a disciplinary action against a nurse for an alleged violation or Automatically or Immediately suspended certain nurses’  licenses based on an alleged violation of the Board’s laws and rules.  If you received a Notice of Opportunity for Hearing or a Notice of Suspension  from the Nursing Board, there are important deadlines, which if missed, can have significant consequences.

First, whether the allegations in the Notice are true or not, in order to preserve your right to a hearing, you must request a hearing in writing. The Notice contains instructions on how to request a hearing. It is imperative that you request a hearing in writing within 30 days of the mailing of the Notice to you (not from the date you receive the Notice)  If you do not request a hearing in writing within such period you will be prevented from providing any information or evidence on your behalf.   In the request for the hearing, you simply need to state “I am writing to request a hearing.”  It is also a good idea to follow-up with the Board via phone to ensure that they received your request for a hearing within the required time frame.

Then, you should consider hiring experienced legal counsel to defend you before the Board. The Nursing Board is represented by the Office of the Ohio Attorney General and also employs several in-house enforcement attorneys. In addition, all hearings are held before attorney hearing examiners. So, if you choose to represent yourself at a hearing, you may be the only non-attorney who participates in the hearing process. It’s your professional license at stake. It is important to find experienced counsel to assist in your defense.  Check out earlier posts where I provide guidance on how to hire experienced legal counsel to assist you.

As always, if you have any questions about this post or about the Ohio Board of Nursing in general, please feel free to contact me at 614-486-3909 or email me at beth@collislaw.com.

 

Ohio LPNs – time to renew your license!

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This month, Ohio LPNs will be mailed instructions by the Ohio Board of Nursing on how to renew their LPN license on-line.  The Board will mail the instructions to the address that you previously provided to the Board as your address of record. If you do not timely receive the instructions, you should contact the Board immediately.

If you do not want to renew on-line, you may request to have a paper renewal form mailed to you. To be sent a paper renewal form:

  • send a written request to: Ohio Board of Nursing, 17 S. High Street, Suite 400, Columbus, Ohio 43215, attn: Renewal; or
  • fax a request to the Board at 614-466-0388, attn: Renewal;
  • or, email the Board at renewal@nursing.ohio.gov

Renewal applications received after July 1 will be assessed a $50.00 late fee. If you do not renew by August 31, the license will lapse.http://codes.ohio.gov/oac/4723-7-09

Whether you choose to renew online or to complete the paper renewal form, it is important that you take a few quiet minutes to complete the form on your own!   Allowing others to renew your license for you or not taking the time to carefully read and accurately and completely respond to the questions on the renewal can be a costly mistake.

By signing the renewal application you are certifying to the Nursing Board that all information contained in the application is correct and complete. The Nursing Board reviews all original applications for licensure and renewal applications very seriously and will take a disciplinary action against a licensee who fails to provide the Board with correct and complete information.

In addition, any questions in which you have to answer “yes” to will require you to provide a short written explanation. You should take time to provide a clear and careful response. Don’t minimize the incident or fail to take responsibility for your actions, as this could be to used as an aggravating factor if the Board chooses to impose a discipline.

The Nursing Board routinely suspends or revokes licensees who provide  a false response to a renewal question.  It is always better to provide clear, honest responses to the questions than to provide information that might be misleading or may lead to more questions by the Board.   If you do not understand a question, you may call the Nursing Board staff and ask  – however, the staff is unable to give legal advice.

As always, if you have any questions about this post or another question involving the Ohio Board of Nursing, feel free to email me at Beth@collislaw.com.