Ohio Nurses: How to comply with a Nursing Board Order or Consent Agreement during the COVID-19 Stay at Home Order

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Many nurses who are currently being monitored by the Ohio Board of Nursing, under the terms of a Consent Agreement or a Board Order, have asked how they can comply with the terms of these Orders, while under the State of Ohio Stay at Home Order in effect until May 1, 2020.

In general, each nurse needs to continue to comply with all terms and conditions of your Board Order or Consent Agreement. If you unable to comply in any way, contact your monitor immediately. While the Nursing Board staff is currently working remotely, the staff has access to emails and they are continuing to respond to questions and requests.

Random Drug testing:

Nurses who have stopped daily call ins to First Source, based upon the Ohio Department of Health Stay at Home Order, need to begin daily calls effective Monday, April 20, 2020.

Random Drug Testing will be scheduled after May 4, 2020. Testing will include hair and blood specimens in addition to urine specimens. These highly sensitive tests will be able to detect if you ingested alcohol, medications or illegal substances in the days or weeks before the test. So, just because you are not submitting to random drug testing does not mean that you can consume alcohol (if prohibited by your Board Agreement or Order) or that you may use medications not prescribed to you or illegal substances.

Any requirement that is not met, such as a missed screen or support group meeting attendance, or a positive screen based on the use of hand sanitizer will be evaluated considering the coronavirus (COVID-19).

Attendance at AA meetings:

You may now “attend” AA meetings online.If you participate in an on-line support group meeting or discussion, please document this on Form #4 and include dates and type of meeting attendance. A co-signor is not necessary.

Here are links for on-line meetings:
(AA)
(CA)
(NA)

If you participate in an on-line meeting or discussion, please document this on form #4 and include the date of the meeting and the type of meeting attended. A co-signor is not necessary. Again, contact your monitor if you choose to “attend” an AA meeting online.

Request to modify the terms of your Consent Agreement:

The Nursing Board has also received multiple requests to remove Board monitoring and restrictions or to modify Board Orders. Board actions will not be held in abeyance or suspended. Board Orders are final and there is no provision to modify a Board Order. The Board will not alter permanent restrictions in Consent Agreements or Orders.

Ohio Department of Health has established an outline for essential healthcare workers, which can be found here.

More info about Covid-19 and Ohio can be found here.


As always, if you have any questions about this post or about the Ohio Board of Nursing in general, feel free to contact Beth Collis or Todd Collis.

Covid-19 and Compliance with Ohio Board of Nursing Consent Agreements and Orders

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If you are a licensee of the Ohio Board of Nursing who is subject to an Ohio Board of Nursing Consent Agreement or Order, Covid-19 might affect your ability to comply with certain requirements of your Consent Agreement or Order including, but not limited to, submitting to random drug testing (for example, if a test site closes or there are restrictions on travel) or attending AA/12 step meetings (for example, if there are restrictions on travel or group gatherings).

Typically, the Ohio Board of Nursing Consent Agreements and Order require a licensee to report a violation of their Consent Agreement or Order within 30 days of the occurrence of the violation.

First and foremost: Do everything you can to continue to comply with all terms and requirements of your Consent Agreement or Board Order. If you cannot comply with a particular requirement of a Consent Agreement or Order, immediately email your Monitoring Agent as soon as you become aware and provide them all details of why you cannot or did not comply, such as inability to submit a specimen at a designated site for any documented reason or any restrictions on travel and group gatherings. If you have legal counsel, you should also email your legal counsel all pertinent details and a copy of your email to your Monitoring Agent.

Below is an email we received today from Lisa Ferguson-Ramos, Compliance Manager at the Ohio Board of Nursing related to compliance with the terms of the Consent Agreement in light of Covid-19:


Attorneys:

Licensees will be advised that any requirement not met such as a missed screen or support group meeting attendance will be evaluated considering the coronavirus (COVID-19). This includes any restrictions on travel and group gatherings or inability to submit a specimen at a designated site for any documented reason. The agent should be notified by email if a requirement is not met.

Enclosed is a link with an on-line meeting directory:

The message above will be added as an autoreply to monitoring agent emails.

Alternatives to the online meeting link above would be considered. The Board will also consider the inability to comply and will update the message to licensees as information or directives change. Please advise your clients accordingly. I will forward this email to the agents.

Sincerely,

Lisa Ferguson-Ramos
Compliance Manager


Please take all appropriate steps to keep yourself and those around you safe. As always, if you have any questions about this post or about the Ohio Board of Nursing in general, please feel free to contact Beth Collis or Todd Collis.