Tag Archives: Nursing Board investigator

Ohio Licensed Practical Nurses: It Is Time To Renew Your Nursing License

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Renewal of Ohio licensed practical nurse (“LPN”) licenses begins on July 1, 2018 and ends on October 31, 2018.  It is recommended to renew as soon as possible.

It is a disciplinable offense to engage in the practice of nursing having failed to renew a nursing license.  An Ohio LPN license which is not renewed will lapse on November 1, 2018.  An Ohio LPN whose nursing license has lapsed is not authorized to work as a nurse until their nursing license is reinstated by the Ohio Board of Nursing.

The renewal fee is $65.00, plus a $3.50 transaction fee.  A late processing fee goes into effect on September 16, 2018.  An Ohio LPN who renews their nursing license on or after September 16, 2018 must pay an additional $50.00.  Fees must be paid online at the time of renewal with a credit or debit card (Master Card, VISA or Discover), or pre-paid card.  The renewal application will not be processed until all required fees are submitted.  All fees are non-refundable.

The renewal application includes, but is not limited to, questions concerning criminal, licensure, mental health matters, and alcohol/drugs matters.  All information provided in the renewal application is required to be true and accurate.  Depending on the response given to certain questions in the renewal application, uploading an explanation and Certified copies of certain specific documents is also required.

In certain cases, the renewal application may be forwarded to the Ohio Board of Nursing Compliance Unit for review and an Ohio Board of Nursing investigator may contact the LPN to obtain additional information.  In other cases, a Consent Agreement may be offered to the LPN to resolve a disciplinable offense instead of preceding to an administrative hearing.

If you do not understand a question in your LPN renewal application, or do not know what additional information to upload with your renewal application, it is recommended to obtain experienced legal counsel to assist you before submitting your LPN renewal application, speaking with an Ohio Board of Nursing investigator, or signing a Consent Agreement.

For additional renewal application information from the Ohio Board of Nursing, see: http://www.nursing.ohio.gov/PDFS/Licensure/Renewal/Renewal_Momentum.pdf.

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

Ohio Nursing Board Investigations

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A person may report to the Ohio Board of Nursing (“Nursing Board”) information the person has that appears to show a violation of a Nursing Board law or rule. The Nursing Board is required to investigate evidence that appears to show a violation of a Nursing Board law or rule.

The Nursing Board employs investigators who are located throughout Ohio. Each complaint received by the Board is assigned to an investigator. The investigator collects and reviews documents and interviews relevant parties.

In most instances, the investigator will also contact the nurse who is the subject of a complaint by phone, email, or correspondence and request the nurse to meet or speak with the investigator to address the concerns in a complaint or to give their “side of the story.”

In Ohio, a nurse’s participation in a Nursing Board investigation is voluntary, however, any information provided to the investigator may be used against the nurse in a Nursing Board disciplinary action.

Further, Ohio Revised Code Section 9.84 provides in part that a person who appears as a witness before any Nursing Board representative in an administrative investigation shall be permitted to be represented and advised by an attorney, and that the person shall be advised of the right to counsel before they are interrogated. We have seen printed on the back of a Nursing Board investigator’s business card the following statement:

“I have been advised by the OBN Agent that (i) I have the right to have an attorney present (per 9.84, ORC) and (ii) my interview is voluntary.”

However, in the stress of meeting with a Nursing Board investigator, a nurse might not take the time to read the card, and, even if they do read the card, they might feel uncomfortable requesting to postpone the meeting after they obtain legal counsel.

It is recommended to request and obtain legal counsel before speaking with or responding in writing to a Nursing Board investigator. Often, nurses are concerned that it will appear that they are hiding something or are uncooperative if they first obtain legal counsel. This is not the case. There are circumstances where it is advisable for a nurse and their legal counsel to meet with a Nursing Board investigator. Legal counsel can assist with protecting your rights, narrowing the issues, and providing guidance concerning the process.

It is also important to note that any information obtained by a Nursing Board investigator can be shared with local law enforcement if information is obtained that appears to show that a nurse has violated a criminal or other law outside of the Nursing Board’s jurisdiction.

As always, if you have a question 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 LLC at 614-486-3909 or email me at beth@collislaw.com.

You have a right to counsel when meeting with a Nursing Board investigator

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The role of the Ohio Board of Nursing is to regulate the practice of nursing. This entails issuing professional licenses to nurses and also investigating and imposing discipline on nurses who violate the Ohio Nurse Practice Act.

Often, a nurse first learns that a complaint has been filed against them with the Nursing Board when they are contacted by a Nursing Board investigator. The Nursing Board has “field” investigators who work throughout Ohio and are each assigned to various geographic regions of the State.  Once a complaint has been filed or initialed against a nurse, an investigator is assigned to conduct the investigation. This may include collecting records from the nurse’s employer or from the Court. It may also include contacting the nurse for a personal interview.

Prior to meeting with the Nursing Board investigator, please understand that under Ohio law, (R.C. 9.84) you have the right to be accompanied, represented and advised by an attorney and you are also required to be advised of the right to counsel BEFORE you are interrogated.

Unlike in a criminal proceeding, you will not be assigned legal counsel for your defense. You are required to seek your own legal counsel to assist in your defense before the Nursing Board or any other administrative agency. However, you have a right to have counsel present.

Many nurses have asked me whether they “look guilty” by attending the meeting with legal counsel or if it “appears that they are hiding something” if they take legal counsel with them to the meeting. Nothing could be farther from the truth. Meetings with investigators can be intimidating, overwhelming and threatening. Any information that is obtained by the investigator can and will be used against you before the Nursing Board. In addition, if the investigator believes that the nurse’s conduct violates the law, they can also alert the local sheriff’s department or criminal Prosecutor, and in certain instances, criminal charges can be issued against a nurse.

While I often encourage nurses to fully cooperate in an investigation, including meeting with the investigator, I highly encourage nurses to retain legal counsel to assist them throughout the investigative and disciplinary process. You have a right to counsel under Ohio law and it is in your interest to exercise this right to protect yourself.

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