Tag Archives: Notice of Opportunity for Hearing

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

Posted on by
Reply

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.

 

 

Ohio Nurses: New way to update your address with the Nursing Board

Posted on by
Reply

Moved? Changed your Name? Manage your Nursing License/Certificate Online

As a nurse licensed to practice in Ohio, it is your responsibility to notify the Nursing Board of any changes to your address or your name.

Beginning July 1, 2016, all name and address changes must be performed on-line by accessing the Nursing Board’s new eLicense 3.0 licensure system. (Simply sending an email or letter to the Board with your new address will NOT be sufficient to update your address.)

Listed below are the steps to register as a new user on the Nursing Board’s eLicense 3.0 licensure system. This information was obtained on the Nursing Board’s website under the section “Forms and Applications.”

Failure to notify the Nursing Board of a change in name and/or address could cause an issue for a potential employer performing on-line licensure verification. By not updating your name and/or address, it could hinder the Nursing Board’s ability to provide you with written notification in a timely fashion.

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 us at Beth@collislaw.com.

 

Ohio nurses: Watch when your Certificate to Prescribe Externship (CTP-E) and CTP expire!

Posted on by
Reply

As a registered nurse in Ohio, it has become routine to timely submit a complete RN renewal application at the same time every two years. However, a CTP-E is issued for one year and expires one year from the date of issuance, NOT one year after you start working as a nurse. In addition, once a CTP is issued, the renewal date may be different from the date the nurse renews their license. It is imperative that you know when you need to renew your license, CTP-E and CTP.  You will not receive a letter or notification from the Nursing Board to remind you to renew your certificate to prescribe.  It is illegal to continue to prescribe on a lapsed CTP-E or CTP!

The Ohio Board of Nursing requires advanced practice nurses who have had no prior experience prescribing medications or therapeutic devices to obtain a Certificate to Prescribe-Externship (“CTP-E”).  The purpose of the externship is to create a period during which the nurse’s prescribing activities are reviewed and evaluated by a supervising professional for the purpose of ongoing improvement of the nurse’s competence, knowledge, and skill in pharmacokinetic principles and the application of these principles to the nurse’s area of practice.

In order to apply for a CTP-E, the applicant must hold a valid Ohio R.N. license as well as a current Certificate of Authority to practice as a certified nurse midwife, nurse practitioner or nurse specialist.  In addition, the applicant must have completed required coursework on advanced pharmacology.  Once all materials have been submitted and reviewed by the Board of Nursing, the CTP-E will be issued for one year.  The year begins on the date the CTP-E is issued by the Board.  It is critical to remember this date.

During this year, the advanced practice nurse is required to complete 1,500 hours of supervised prescribing (500 hours under the direct supervision of a supervising professional).  Direct supervision means that the supervising professional is on-site when the nurse is prescribing.  300 of the 500 direct supervision hours must be supervised by a physician; the remaining 200 hours may, with the collaborating physician’s permission, be supervised by an advanced practice nurse with prescriptive authority, not a CTP-E.  The remaining 1,000 hours may be indirectly supervised.  This means that a physician, in accordance with a schedule documented in the standard care arrangement, regularly and timely reviews the nurse’s prescriptions and prescribing practices.

Once the advanced practice nurse has completed the required supervision hours through the CTP-E, the supervision must be documented by the collaborating physician and submitted directly to the Board of Nursing on Form B.  PLEASE NOTE that Form B must be submitted well prior to the end of the expiration date on the CTP-E to allow the Board time to review it and issue the advanced practice nurse applicant a Certificate to Prescribe.  Even if Form B is submitted timely, it is illegal to continue to prescribe after the year for the CTP-E has expired unless the nurse has received the Certificate to Prescribe.  Advanced practice nurses may face discipline if they continue to prescribe once the CTP-E has expired if they have not been issued a Certificate to Prescribe.

A CTP-E cannot be renewed.  It can be extended for a one-time period of 2 years, if a request to extend is timely received by the Board before the CTP-E expires.

As always, if you have any questions about his 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 beth@collislaw.com.

What To Look for in a Defense Attorney

Posted on by
Reply

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.

 

 

Ohio Nursing Board Disciplinary Process…What to expect

Posted on by
Reply

A nurse alleged to have violated the Ohio Board of Nursing’s (“Nursing Board”) laws or rules is subject to discipline by the Nursing Board.  Actions for which a nurse can be disciplined can be found here: http://codes.ohio.gov/orc/4723.28v1.  This article is a general guideline to the Nursing Board’s disciplinary process.

Stage One – Complaint

Any member of the public is permitted to file a Complaint with the Nursing Board.  Additionally, under Ohio Revised Code §4723.34(A), an employer of nurses who knows or has reason to believe that a current or former nurse employee engaged in conduct that would be grounds for disciplinary action by the Nursing Board must report to the Nursing Board the name of such current or former employee.  The Nursing Board’s Complaint form can be found here: http://www.nursing.ohio.gov/PDFS/Forms/2011ElecComplaintForm.pdf.  Generally, the Complaint includes the identification of the Complainant, the nurse at issue, and the allegations of the conduct at issue.

Stage Two – Board Investigation

Following the Nursing Board’s receipt of a Complaint, the Complaint is assigned to one of the Nursing Board’s Investigators (also called a Compliance Agent).  Typically, the Investigator will speak with and/or obtain documents regarding the allegations in the Complaint from the person who filed the Complaint.  In many instances, the Investigator will also contact the nurse at issue either by phone or email and request to speak with the nurse about the allegations in the Complaint or request that the nurse provide a written explanation of the allegations in the Complaint.  Generally, a nurse’s participation in the Board’s investigation is voluntary.  It is recommended to obtain legal counsel before speaking with or responding in writing to an Investigator, however, after consulting with legal counsel, there are circumstances when it is recommended to cooperate with the Investigator to the extent that it is in the best interest of the nurse to do so.

Stage Three – Notice

Following the Investigation, the Nursing Board’s Supervising Member reviews the matter and decides whether to not proceed with disciplinary action against the nurse.  A decision not to proceed with disciplinary action can be made because there is not sufficient evidence to prove that a violation of Nursing Board law or rule has occurred or, although there is evidence to prove that a violation of a Nursing Board law or rule occurred, the Nursing Board nevertheless determines that such violation is a “minor violation”.  The Nursing Board’s policy concerning minor violations can be found here: http://www.nursing.ohio.gov/PDFS/Discipline/BoardPolMinorVio4723.pdf.  If the Supervising Member decides to proceed with disciplinary action, a written Notice of Opportunity for Hearing (or Notice of Suspension) is issued to the nurse in which the nurse is given the opportunity to request and have an Administrative Hearing in connection with the allegations in the Notice.  The time frame (typically 30 days) and manner (typically in writing or email) in which the nurse may request a Hearing is set forth in the Notice.  If the nurse does not request a Hearing either timely or in the manner set forth in the Notice, the nurse will be deemed to have waived their rights to a Hearing and the Nursing Board has authority to impose discipline it deems appropriate without further input from the nurse.

Stage Four – Consent Agreement

In certain cases, the Nursing Board will offer a Consent Agreement to the nurse instead of having the Hearing.  A Consent Agreement is a written agreement between the Nursing Board and the nurse specifying certain admissions by the nurse and detailing the discipline to be imposed upon the nurse.  Consent Agreements have a broad range of discipline including reprimand, probation, and/or suspension, and have disciplinary requirements including but not limited to fines, CEUs, background checks, employer reports, drug screens, dependency and/or psychological evaluations, treatment provider and medication reports, and temporary or permanent practice and/or narcotic restrictions.  It is recommended to obtain legal counsel before signing a Consent Agreement so that the nurse understands their rights, the terms and conditions of the Consent Agreement, and (although no two cases are identical) whether or not the discipline in the Consent Agreement is reasonably similar in scope to similarly situated cases.  At the Consent Agreement stage, there may also be some opportunity negotiate the terms and conditions of the Consent Agreement.

Stage Five – Hearing

If the Nursing Board does not offer a Consent Agreement or if the nurse does not accept a Consent Agreement offered by the Nursing Board, the matter will proceed to the Hearing.  At the Hearing, the Nursing Board is represented by an Ohio Assistant Attorney General who presents the Nursing Board’s evidence concerning the allegations in the Notice to a Hearing Examiner.  The nurse may either be represented by legal counsel or by themself and may present evidence refuting the allegations in the Notice, as well as evidence of the nurses good nursing practice and character either by their own testimony and/or through character witnesses and other documentary evidence.  The Hearing Examiner receives all evidence and prepares for the Nursing Board a written Report and Recommendation which outlines all the evidence received at the Hearing and recommends a discipline.

Stage Six – Board Meeting

The Report and Recommendation is considered by the full Nursing Board at a regularly scheduled Board Meeting.  The Nursing Board meets every other month and its 2016 schedule can be seen here: http://www.nursing.ohio.gov/PDFS/2016-2018%20Meeting%20Schedule.pdf.  Typically, the nurse (and counsel, if represented) will present a statement to the Nursing Board in their support.  The Nursing Board has the authority to adopt the recommended discipline or it can reject the recommended discipline and order such discipline as it deems appropriate under the circumstances.  Although a nurse has the right to appeal the Nursing Board’s decision to the Court of Common Pleas, the Nursing Board’s decision can be overturned by the Court only where the Court determines that the Nursing Board’s decision was not supported by reliable, probative, and substantial evidence and is not in accordance with law (See Ohio Revised Code §119.12(D)).

Conclusion – Know Your Rights

At each stage of the Nursing Board’s disciplinary process, a nurse has legal rights.  It is recommended to obtain legal counsel in Nursing Board disciplinary matters because failure to understand and/or exercise a nurse’s legal rights can result in unintended consequences some of which cannot be reversed.  Contact Collis Law Group LLC at (614) 486-3909 if we may of assistance to you in your Nursing Board matter.

The information in this article is general in nature and is not, nor intended to be, legal advice.  You should consult an attorney for advice regarding your individual situation. © 2016 Collis Law Group

Effective February 1, Nursing Board to reduce time limit for nurses to personally appear to defend

Posted on by
Reply

Despite efforts by Collis Law Group and others, the Ohio Board of Nursing recently voted to reduce the amount of time which may be given to legal counsel to present a disciplinary case to the Board after a nurse’s Administrative Hearing.

At the November 2015 Board meeting, the Board changed its rule governing the amount of time which may be given to legal counsel to summarize a case concerning a nurse facing discipline after an Administrative Hearing.

The Board’s old rule permitted the Board to give legal counsel not more than 10 minutes to summarize a disciplinary case at the time the Board considers what discipline it will impose.  The new rule, effective February 1, 2016, reduces the time allotment to not more than 7 minutes.

At the November 2015 Board meeting, Collis Law Group attorney, Todd Collis, advocated for all Ohio nurses by suggesting to the Board that reducing the time allotment was not in the best interest of Ohio nurses or the Board.

Collis argued that it is unreasonable to afford legal counsel only 7 minutes in which to summarize a case for the Board under circumstances where a nurse is facing potentially career-ending discipline.  Collis also observed that the reduction in the time allotment would not result in any meaningful time savings for the Board and that the reduction in the time allotment might be viewed as curtailing access to the Board at a critical moment in a nurse’s career and life.

Effective February 1, 2016, Ohio Administrative Code 4723-16-12(C) provides that legal counsel who address the Board shall be given not more than seven minutes in which to do so. While this rule may appear to be a minor change, when a nurse is defending their professional license, they should be given more than just seven minutes to personally appear before the Board Members prior to the Board issuing a final sanction against their professional license. (This rule does not limit the amount of time that the nurse may present his/her defense at an administrative hearing.)

If you have any questions about this post or 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?!

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 the Ohio Board of Nursing can automatically suspend a license

Posted on by
2

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.

Ohio Nursing Board imposes Permanent Practice Restrictions

Posted on by
Reply

In our practice at Collis, Smiles and Collis, we have the privilege of representing not only Nurses before the Ohio Board of Nursing but also other professionals before their licensure Boards.  This has given us the opportunity to see how various licensure Boards in Ohio handle disciplinary matters.

Each licensure Board in Ohio has its own rules and regulations and has the authority to take any action including but not limited to revocation, suspension, and/or probation of a license.  Under Ohio Revised Code Chapter 119, licensees in Ohio are entitled to an administrative hearing, which allows the licensee to introduce evidence in their defense.

Despite the similar due process that is afforded to most licensees facing a disciplinary action in Ohio, we have seen that many licensure Boards in Ohio (Nursing Board, Medical Board, Psychology Board, Board of Education, Counselor, Social Work and Marriage and Family Therapist Board) impose very different sanctions, despite the relatively similar nature of the offense.

In our experience, we have seen that, generally, licensure Boards in Ohio can be more strict/punitive than licensure Boards in other States in terms of sanctions.

Even within Ohio, based on our experience, the Ohio Board of Nursing imposes permanent practice restrictions on its licensees to a far greater extent than other licensure Boards in Ohio.  Generally, a permanent practice restriction limits a Nurse’s ability to work in the following settings: hospice, home health, as an independent provider for an Ohio agency, as a private duty nurse, as a volunteer, as well as any position involving management of nursing or supervision or evaluation of nursing practice, including but not limited to Director of Nursing, Assistant Director of Nursing, or Nursing Supervisor.  In certain instances, the Ohio Board of Nursing will include language in a Consent Agreement or Order that allows a Nurse to request on a case-by-case basis approval to work in an otherwise restricted position, however, such requests are given close scrutiny and are often denied.

Permanent practice restrictions are often imposed in cases in which a Nurse has been convicted of a crime, found to be addicted to drugs or alcohol, or where a Nurse has practiced below the standard of care.  In certain cases, the Ohio Board of Nursing imposes practice restrictions that prohibit a Nurse from working in any position that would require a Nurse to have oversight or control over financial dealings.

Permanent practice restrictions place a significant hardship on a Nurse’s employment opportunities.  Although we have seen Nurses with permanent practice restrictions on their license obtain employment, permanent practice restrictions create an enormous hurdle to overcome in terms of obtaining meaningful employment because, in our experience, many employers will simply not consider any Nurse who has permanent practice restrictions on their license.

Historically, it has been our experience that the Ohio Board of Nursing imposed permanent practice restrictions on a Nurse in cases where the facts of a case fully justified doing so based on significant practice or impairment issues, or in cases where a Nurse had been repeatedly disciplined.  Presently, however, we are seeing the Ohio Board of Nursing impose permanent practice restrictions on Nurses in greater numbers and on their first disciplinary action.

While there are cases in which permanent practice restrictions are justified to protect the public, obtaining the advice of experienced legal counsel before you sign a Consent Agreement containing permanent practice restrictions or before undertaking to represent yourself at an Administrative Hearing (which could result in a Ohio Nursing Board Order imposing permanent practice restrictions) is recommended.

As always, if you have any questions about this post or the Ohio Nursing Board in general, please feel free to contact one of the attorneys at Collis, Smiles & Collis, LLC at 614-486-3909 or email Beth@collislaw.com

.

 

 

 

 

 

 

Who Monitors the Ohio Board of Nursing?

Posted on by
Reply

The Ohio Board of Nursing’s mission is to “actively safeguard the health of the public through the effective regulation of nursing care.” http://www.nursing.ohio.gov/ The Board is responsible for issuing licenses to nurses, to regulate the education of nurses, and to discipline nurses who have violated the provisions of the Ohio Nurse Practice Act. (R.C. 4723). However, most nurses are surprised to learn that the Nursing Board is not created to “protect” nurses but has been created to “protect the public”.

In its role as an administrative licensing agency, the Board holds immense power. The Board has the power to license, deny a license, suspend or revoke a license. The Board can initiate an investigation, may order a licensee to a psychiatric or chemical dependency evaluation. (R.C. 4723.28(G)). However, the Board is not required to complete investigations in any time frame (no statute of limitations) and the Board is NOT REQUIRED to notify a nurse if and when an investigation has been closed. I often contact the Board after an investigation has been pending for months (or even years) to learn that the investigation has been closed and that the nurse was never notified that it was closed.

There is a check and balance system in place for the Nursing Board. Prior to denying an applicant a nursing license, or taking an action against a nurse (ie. suspending or revoking their license) the nurse is entitled under the U.S., Ohio Constitutions and Ohio State law (R.C. 119) the right to due process of law. This means that prior to denying a license or disciplining a nurse, the Board is required to provide the nurse with notification of the charges and a right to be heard (a hearing). Failure to timely request a hearing may bar the nurse from providing any evidence on their behalf.

An adverse decision of the Board may also be appealed to the local Court of Common Pleas. However, most nurses have neither the money, time nor inclination to appeal an adverse decision of the Board to the Courts. This is an expensive process that can take years to complete. In addition, the Courts are reluctant to reverse a decision of the Board and have shown that it will NOT reverse a sanction of the Board simply if it feels the sanction is too harsh.

A second check on the Nursing Board is the Office of the Ohio Inspector General. The Inspector General’s office is the Watchdog that is responsible for investigating state employees and state agencies. Complaints may be filed with the Inspector General by going to their website at: http://watchdog.ohio.gov/FileaComplaint.aspx

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 at (614) 486-3909.