Tag Archives: Notice of Immediate Suspension

Ohio Nurses: Things To Consider If You Receive a Notice of Opportunity for Hearing from the Ohio Board of Nursing

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Last week, I attended the Ohio Board of Nursing’s bi-monthly meeting where the members of the Board issued final sanctions against dozens of Ohio nurses.  At that meeting, the members of the Board also authorized the issuance of over sixty Notices of Opportunity for Hearing to Ohio licensed nurses.  The Notice of Opportunity for Hearing (or Notice of Automatic Suspension or Notice of Immediate Suspension) outlines specific charges against the nurse, which, if proven, can form the basis for the nurse to have their license revoked, suspended, placed on probation or reprimanded.

There are legal timelines that must be followed for a nurse to request a Hearing in order to defend their professional license.  Failure to timely request a Hearing can bar the nurse from presenting ANY defense to the Board.

There is no routine disciplinary matter when it comes to a nurse’s professional license.  Disciplinary sanctions imposed by the Board may affect a nurse’s ability to practice nursing in the short-term and can also impose permanent practice and/or narcotic restrictions.

If you receive a Notice of Opportunity for Hearing (or Notice of Automatic Suspension or Notice of Immediate Suspension), it is highly recommended to obtain experienced legal counsel to assist you before the Board.  When hiring legal counsel, here are a few things to consider:

EXPERIENCE:

  • Does the attorney have experience with the type of matter for which you need representation?
  • Is this type of matter a usual part of the attorney’s practice?
  • Has the attorney handled any cases similar to your particular matter?
  • If it is a matter where a settlement or hearing may be involved, how many of those matters has the attorney handled?
  • In general for this type of matter, what does the attorney consider to be a good result?
  • Can the attorney explain the process to you?

ACCESS:

  • What is the best way to communicate with the lawyer and how will he or she communicate with you?
  • When can you expect to hear from the attorney?
  • Are there other people in the attorney’s office who can assist you should an emergency arise while your attorney is unavailable?
  • How will you know what work the attorney has done or will be doing on your matter?

COMPATIBILITY:

  • Will you be comfortable sharing your information with the attorney?
  • Do you understand the information the attorney is telling you?
  • Are there different approaches to your situation, and if so, how will the attorney decide which to take or recommend to you?

FEES:

  • How does the attorney charge you?  Based on hours worked?  Fixed fee?  Or some other method?
  • Is payment required up front?  If so, how and when is that money applied to your account?
  • Will you receive statements for the work performed?
  • Will you be charged for expenses (ex:  travel, hotel, postage, copy charges)?
  • Does the attorney accept credit card payments?

This is a general guide and is not legal advice.  Of course, there may be other questions or concerns you may want to discuss with a potential attorney based on your individual circumstances or issues.

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.

 

 

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.

When the Ohio Board of Nursing can automatically suspend a license

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The Nurse Practice Act in the State of Ohio (R.C. 4723) sets out certain instances when the Nursing Board can take a disciplinary action against a nurse. In most instances, the Nursing Board will issue a Notice of Opportunity for Hearing to the nurse that addresses the allegations against the nurse, note the Code section that the nurse is alleged to have violated, and offer the nurse an opportunity to request a hearing prior to the Nursing Board issuing any sanction against a nurse.

However, in instances when the Nursing Board believes that allowing the nurse to continue to practice presents danger of “immediate and serious harm to the public,” the Nursing Board can suspend the license prior to offering the nurse a hearing. In previous blog posts, I have noted instances when a nurse has been convicted of a serious crime (aggravated murder, murder, gross sexual imposition, etc.) in which the Nursing Board automatically suspended a license prior to offering the nurse a hearing.

The Nursing Board has automatically suspended a nursing license prior to offering the nurse a hearing though in less seriously instances. For example, if a nurse is under probation with the Nursing Board and subject to terms in an Adjudication Order or Consent Agreement and violates any terms of the Agreement the Nursing Board will automatically suspended their nursing license prior to offering them a hearing. Violations of Consent Agreements (such as testing positive on a random drug test or failing to notify the Nursing Board of their employment) has triggered an automatically suspension.

Once the license has been automatically suspended, the nurse can request a hearing and present evidence in their defense. However, during the hearing process or while negotiating terms of an Amended Consent Agreement, the nurse’s license remains suspended. It is imperative when entering into any Consent Agreement with the Nursing Board that the nurse understands the terms of the Consent Agreement, because failure to comply with the terms, limitations or conditions of the Consent Agreement can result in an automatic suspension of their nursing license.

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 at 614-486-3909 or email me at beth@collislaw.com.

Nursing license suspension can result from a conviction

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Under the Ohio Nurse Practice Act, R.C. 4723, the Ohio Board of Nursing can take an action against a nurse for criminal convictions, even if they are NOT related to the practice of nursing.

R.C. 4723.28 (B)(3) allows the Nursing Board to take an action against a nurse who has been convicted of a misdemeanor in the course of practice. This seems obvious. However, under R.C. 4723.28(B)(4) the Nursing Board may take a disciplinary action against a nurse who has been convicted of any felony or a “crime involving gross immorality or moral turpitude.” So even crimes that are not related to the practice of nursing can result in a sanction on your nursing license.

Crimes involving gross immorality or moral turpitude are generally defined as crimes of violence or that “shock the conscience.” Crimes such as for assault or child neglect, easily come to mind as crimes that would involve “gross immorality”. However, crimes involving financial dealings (passing bad checks, bank fraud, tax evasion) have also been found to meet this standard.

The Nursing Board also has the authority to take a disciplinary action against a nurse if they do not have a conviction, but are otherwise permitted to enter into a pre-trial diversion program or are found judicially eligible for a treatment in lieu of conviction program. So, even when they don’t have a formal conviction, the Nursing Board is still authorized to take a disciplinary action against the nurse.

The Nursing Board meets six times per year at monthly meetings where it decides, after an investigation, if a disciplinary action should be taken against a nurse. The Nursing Board met last week and sent letters to over eighty (80) Ohio licensed nurses proposing to take a disciplinary action against them. For many of these nurses, the Board is proposing to discipline them for criminal convictions.

If the Board chooses to discipline a nurse, the nurse will be sent a Notice and given a right to a hearing. It is important that the nurse respond to this Notice in a timely fashion to request a hearing. The Board handles each case on an individual basis and the sanction it chooses to impose on a nurse is often dependent on the information the Nursing Board learns from the nurse or their legal counsel.

As always, if you have any questions about the Ohio Board of Nursing or this post, please feel free to call one of the attorneys at Collis, Smiles and Collis at 614-486-3909 or check out our website at http://www.collislaw.com.

How to request a hearing with the Ohio Board of Nursing

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I have posted about requesting a hearing with the Nursing Board in the past, but this information is so important to Ohio licensed nurses that I thought it was important to run this post again.

The Ohio Board of Nursing meets six times per year for regularly scheduled Board meetings. At these Board meetings, the Members of the Board vote to initiate disciplinary actions against a nurse. This can result in a nurse being issued a Notice of Opportunity for Hearing, which outlines charges that have been brought against the nurse or can result in an Immediate Suspension or Automatic Suspension of a nursing license.  The Board met last week (January 16-17, 2014) and issued dozens of notices to nurses throughout the state.

Nurses who are subject to a potential disciplinary action by the Nursing Board will receive the Notice of Opportunity for Hearing or Notice of Immediate or Automatic Suspension of their licenses by certified U.S. mail. If you are issued a Notice, you have thirty (30) days from the date the Notice is MAILED to request a hearing. Failing to request a hearing within thirty (30) days will bar the nurse from being able to present any defense of his/her license to the Board.

To request a hearing with the Nursing Board, you simply need to submit a request in writing to the Board that states: “I am writing to request a hearing with the Ohio Board of Nursing”. The request should be submitted as instructed in the Notice. I also recommend that you call the Board a few days after you submit the request to verify that it was received.

You do not have to submit a written explanation or defense to the Board when you request the hearing. This type of information can be submitted to the Board after the hearing is scheduled. After the Board receives the hearing request, you will be sent a letter scheduling the hearing with the Board.

In many cases, nurses are able to negotiate a settlement agreement with the Board that will avoid them having to proceed to a hearing. This agreement, known as a Consent Agreement, is a binding agreement between the nurse and the Board that provides an opportunity for the nurse to present mitigating information and sets forth the discipline taken against the nurse. However, even if the nurse wants to attempt to negotiate a Consent Agreement with the Board, they still MUST first request a hearing as outlined above.

Nurses are not required to have an attorney to help them through the Board’s disciplinary process. However, whether the nurse goes to hearing or negotiates a Consent Agreement, the Board will be represented by an attorney or by an Assistant Attorney General who will be assigned to the case. So, I always advise that the nurse seek experienced legal counsel to represent them before the Board. You worked hard for your nursing license. You should work just as hard to defend yourself before the Board.

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.

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.