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

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.

Three Days in the ICU

Last week I was not in my office. I flew to the west coast to be with a relative who had been taken to the hospital.  When I arrived, I found the relative had been taken to the ICU at their local small community hospital. For the next three days and nights, I stayed with the relative in the hospital.  What I found was really quite amazing.

I was raised in a family of medical professionals and I have spent the better part of twenty years representing medical professionals before their professional licensure boards. I have been to the hospital before, for simple trips to the ER for stitches or a simple fracture. I also spent two nights in the hospital after the births of my children. Nothing in my past prepared me for the time I spent with my relative in the ICU.

I was thoroughly amazed at the level of care that was provided to my relative. I had always known that nurses provided the bulk of the care to patients, but to see it first hand was awe-inspiring. While it was a small hospital, all records were maintained electronically and all medications dispensed were logged into the record. However, since my relative did not have a local physician, they were cared for by the in-house “hospitalists”. Specialists were called in throughout our time at the hospital to evaluate various aspects of the patient’s care, however, it was the nursing staff who provided the constant care to the patient, advocated for the patient, and updated the physicians of the patient’s current medical condition.

Given the fact that the patient did not have an internist who coordinated care, they saw a different hospitalist at each shift. Over the three days that the patient was in the ICU and the other days that they were on a med/surgical floor, they never once saw the same hospitalist. However, the nursing staff provided the continuous care and continuity of treatment to the patient by updating each hospitalist who examined the patient and each specialist as to the patient’s medical history, demeanor and current medical condition. It was a great relief that I did not have to continue to update each physician as to the patient’s condition since they had been prepped daily by the nursing staff.

As a nurse, never under-estimate the superior service and value that you provide to patients and to their families.  To the nursing community at large, this blog post is a huge “thank you” to your service to the community.

As always, if you have any questions about this post or the Ohio Board of Nursing in general, please call me at (614) 486-3909, email me at beth@collislaw.com or check out my website for more information at http://www.collislaw.com.