Category Archives: Todd Collis

Licensed Practical Nurses: Your Ohio Nursing License Renewal Period Ended October 31, 2016

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October 31, 2016 was the deadline for a licensed practical nurse (LPN) to renew their Ohio LPN nursing license with the Ohio Board of Nursing.

If you are an LPN who did not renew your Ohio LPN nursing license by the October 31, 2016 deadline, your Ohio LPN nursing license is now lapsed. You may check the status of your license at the following link:

https://elicense.ohio.gov/OH_HomePage

As long as your Ohio LPN nursing license is lapsed, you are not authorized to practice nursing in Ohio. The Ohio Board of Nursing can take a disciplinary action against a LPN for engaging in the practice of nursing in Ohio having failed to renew their Ohio LPN nursing license.

If your Ohio LPN nursing license has lapsed and you want to be authorized to work as an LPN in Ohio, you must submit an online application to reinstate your Ohio LPN nursing license, which will require Ohio Board of Nursing review.

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 LPNs experience difficulties renewing licenses with new online system

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LPNs who are renewing their nursing licenses in Ohio this year are required by the Ohio Board of Nursing to renew online. The Ohio Board of Nursing will no longer accept paper renewal or initial licensure applications. All applications must be submitted online.

However, as WSYX Channel 6 Investigative Reporter Brooks Jarosz discovered, the new online application process has not been without problems. See Jarosz’s report: http://abc6onyourside.com/investigators/technical-problems-persist-for-nurses-license-renewal

In order to start the renewal process, each nurse should have received a letter from the Nursing Board with their Log In ID. If a nurse moved since their last renewal and has not updated their address with the Nursing Board, the nurse may not have received their Log In ID. In Ohio, nurses are required to maintain a current address with the Nursing Board. Nurses can update their address at the Nursing Board’s website. The Nursing Board will not accept emails or a letter advising of a new address.

There are 58,000 licensed LPNs in Ohio. Ohio LPN licenses which have not been renewed timely lapse on November 1, 2016. If you have not timely renewed your Ohio LPN license, you MAY NOT WORK ON AN EXPIRED OR LAPSED LICENSE.

Do not wait until the last minute to attempt to renew your license. After September 15, you will be charged a late fee in connection with your renewal application.

To check on the status of your license, visit the Nursing Board’s online license verification page at: https://elicense.ohio.gov/oh_verifylicense

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 email me at beth@collislaw.com.

OHIO LPNs – It is time to renew your license to practice nursing in Ohio!

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According to the Ohio Board of Nursing’s website, starting on July 1, 2016, all Ohio LPNs will be able to renew their professional license online.

Important renewal information from the Nursing Board is located at: http://www.nursing.ohio.gov/PDFS/2Renewal_Momentum.pdf

Often, nurses have questions about how to respond to certain questions on the Renewal Application and what information needs to be provided to the Nursing Board in the Renewal Application.

Nurses are required to provide the Nursing Board with truthful and accurate information on their Renewal Applications.  Failure to do so can lead to discipline by the Nursing Board.

Additional Information May Be Required  (from Ohio Board of Nursing website)
• If you are asked to provide court documents or other information that may be required as part of your application, please be prepared to upload the documents electronically through the online system.  This information is usually required of applicants who answer “yes” to one of the additional information questions on the renewal application.  
• No hardcopies of court documents or other information required as part of your application will be accepted. Waiting until a deadline and then realizing you do not have all the information and in the form needed to upload the documents electronically through the online system will prevent you from renewing. 
• Incomplete renewal applications will not be accepted by the system.  If all required documents are not provided electronically, the renewal application is incomplete.

If you have questions concerning how to respond to questions in your Renewal Application, what information you need to include, and/or what Court documents you need to include with your Renewal Application, it is recommended that you obtain experienced legal counsel to help you complete your Renewal Application.

The attorneys at the Collis Law Group offer a 1-2 hour consultation to meet with a nurse, review all relevant Court documents, and assist the nurse prepare any necessary or required  response to a question on a Renewal Application.  In most cases, we offer this consultation for as low as a flat fee of $500.00.  Feel free to contact one of the attorneys at the Collis Law Group at 614-486-3909 to schedule a Renewal Application consultation.

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 the Collis Law Group by phone at 614-486-3909.  For more information about the Nursing Board, please feel free to visit our website at www.collislaw.com.

Although legal in other states, nurses have been disciplined for testing positive for marijuana in Ohio

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Twenty-five states and the District of Columbia have legalized marijuana in some form.  Four states and the District of Columbia have legalized marijuana for recreational use.  Some states allow residents to possess up to one ounce of marijuana and to even grow up to six plants.  While there have been various marijuana initiatives in Ohio, to-date it is illegal to possess, sell, or cultivate marijuana in Ohio.

Historically, the Ohio Board of Nursing has taken a strong position against marijuana usage.  For example, where a positive test for marijuana in an employment drug screen is reported to the Board, the Board routinely places the nurse on probation for a period of at least one year, which typically includes random drug testing and can include narcotics as well as practice restrictions.

Even if a nurse has traveled outside of Ohio and consumed or smoked marijuana in a State where it is legal, if the nurse returns to Ohio and is reported to the Board for a positive drug screen, the nurse should expect to be subjected to discipline by the Board.

In our practice, we have seen nurses reported to the Board because they failed pre-employment drug tests who were subjected to discipline including at least one year random drug testing.  A nurse does not have to be actively practicing nursing in order be found by the Board to be impaired. By simply testing positive for marijuana, a nurse can be subjected to discipline.  Employers are required by law to report to the Board any suspected violation of the Ohio Nurse Practice Act.

Before you consider using marijuana on your next trip to Colorado or Washington, realize that if you test positive on a drug screen – even weeks later when you return to Ohio – you should anticipate that you will be reported to the Board and subjected to discipline.

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

 

What To Look for in a Defense Attorney

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I am always surprised to hear from nurses that they hired a lawyer who is not responsive to phone calls or emails in a timely manner, confused the nurse’s matter with other clients, failed to keep the nurse informed of the status of their matter, or failed to provide the nurse with a monthly accounting of legal fees and expenses. However, I am most surprised to hear from nurses who tell me that they hired a lawyer who they do not feel comfortable confiding in.

I am often asked what skills, qualifications, and qualities a nurse should look for when selecting legal representation for a matter involving the Ohio Board of Nursing (or any other State licensing Board).  Because Administrative Law is a rather unique area of the law, it is important to consider the following:

Not All Cases Are The Same: It is important to select defense counsel who you feel comfortable confiding in, and who recognizes that each matter is different and can present to the Board the unique circumstances of your particular matter with passion and commitment.

Understanding: An attorney who understands and presents your matter to the Board in a clear and coherent manner is also an important aspect of the representation.

Responsiveness: Selecting an attorney who is responsive to your phone calls and emails, and who timely communicates with you concerning important information about your matter is critical to the client-counsel relationship.

Sound Legal Advice: An attorney who provides sensible options based on their knowledge of nursing laws and rules and administrative law procedure, is an essential element to the handling of your matter.

Experience: Hiring an attorney who has handled multiple matters before your licensing Board from the initial investigation through the administrative hearing process is of paramount consideration.

When selecting legal counsel for your Ohio Board of Nursing matter, please remember the acronym N-U-R-S-E.

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

 

 

46 Ohio nurses did not defend themselves?!

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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.

Ohio RNs and APNs, time to renew your license!

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If you are licensed as a Registered Nurse or Advanced Practice Nurse in the State of Ohio it is time to renew your professional license.

As part of its electronic renewal system, the Ohio Nursing Board assigns each nurse a unique User ID and Password.  You can access this information through the Board’s website at:https://license.ohio.gov/lookup/password.asp

You can save money by renewing your license before July 1, 2015.  Registered nurses who renew before July 1, 2015, must pay Sixty Five Dollars ($65.00).  After July 1, 2015, the cost goes up to One Hundred Fifteen Dollars ($115.00).

Advanced practice nurses (APRN) must renew their RN license and each of their Certificates of Authority (COA).  Before July 1, 2015, the renewal fee is Eighty Five Dollars ($85.00) for each COA.  After July 1, 2015, the renewal fee goes up to One Hundred Thirty Five Dollars ($135.00) for each COA.

APRNs with prescriptive authority must renew their RN license, their COA, and their Certificate to Prescribe (CTP).  The renewal fee for the Certificate to Prescribe (CTP) is Fifty Dollars ($50.00) through August 31, 2015.

APRN’s must provide the name and address of their collaborating physician as part of the renewal process.

Maintaining an Active nursing license is your responsibility. Failure to renew your RN license, COA, and CTP (as applicable to you) by August 31, 2015 will result in your RN license, COA, and/or CTP to automatically lapse.  Practicing under a lapsed license, COA, and/or CTP is a disciplinable offense.

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.

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

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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.
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