Tag Archives: Ohio Nursing Board defense counsel

It’s That Time Again (RN licensure renewal)

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Has it really been two years already? Yes! It is time to renew your RN and APRN licenses!

If you renew before July 1st, the renewal fee is $65.00. If you renew between, July 1st-August 31st, the renewal fee is $115.00. After August 31st, your license is deemed lapsed and you must request, complete, and submit a Reinstatement Application from the Board.

Many RNs who submit their renewal application before the final deadline are concerned that their license will not be renewed before August 31st and that they will not be able to work. This is not the case. As long as you renew your license prior to August 31 the Nursing Board will renew your license and will not allow your license to lapse.

Many Nurses are also concerned that their license will not be renewed by the Board in a timely manner if they answer “Yes” to any of the compliance questions on the renewal application. However, a “Yes” response to any of the questions on the renewal application will not prevent the Nursing Board from timely renewing your nursing license. It is imperative that you answer all renewal questions honestly and accurately. Providing the Board with false information my lead to the Board taking a disciplinary action against you.

However, all renewal applications that include YES responses to questions related to your conduct since the last renewal (such as convictions, DUI, etc) will result on your license being sent to the Compliance Unit of the Nursing Board for further review and investigation. Then, even if your license is renewed, this does not mean that the Nursing Board has closed the investigation.

If the Board chooses to open an investigation based on any of your affirmative responses on the renewal application, you may be notified by a Board investigator by phone or mail to provide further information or documentation to the Board.

As always, if you have any questions about this post or the Ohio Board of Nursing in general, feel free to email me at beth@collislaw.com or call me at 614-486-3909.

Three Days in the ICU

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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.

Nurses, if you drink this holiday weekend … take a cab home.

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At the start of this holiday weekend, I wanted to reach out to Ohio medical professionals and remind them that their behavior is of concern to the Ohio Board of Nursing whether at work or at home. If you venture out this weekend to an end of summer holiday party and knock back a few beers or a couple of jello shots, take a cab home.

Each year, dozens (if not hundreds) of nurses receive alcohol related traffic violations. DUIs, OVIs, reckless operation charges, and any alcohol related misdemeanor may lead to discipline taken by the Ohio Board of Nursing against your nursing license. You don’t have to be “drunk at work” or fail a breathalyzer test on the way to work for the Nursing Board to be concerned about your ability to practice safely as a nurse in Ohio. Alcohol related traffic violations can lead to your nursing license being placed on probation and may subject you to random drug screens and Nursing Board monitoring for lengthy periods of time. The severity of the charges may also lead to suspension of your Nursing license.

I have written about this issue in the past. See my June 11 post about the requirement to disclose alcohol related convictions on your renewal application; my May 25 post about not being able to consume alcohol in ANY form if you are being monitored by the Board, and my April 30 post featuring the top three reasons the Nursing Board takes disciplinary action against a nurse (alcohol and drug usage being one of the top three reasons for Board discipline).

If you are going to “party” this weekend, be smart about it. Don’t get behind the wheel of the car if you have been drinking. Don’t risk your professional license.Take a cab home.

If you have any questions about this post or the Ohio Board of Nursing in general, please feel free to contact me at (614) 486-3909 or email me at beth@collislaw.com.

If you received a Notice for Opportunity for Hearing .. request a hearing

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On Friday, July 27, the Ohio Board of Nursing held its bi-monthly meeting. At that meeting, the Board voted to take disciplinary action against dozens of nurses in the state of Ohio. Nurses who face discipline by the Board will be mailed a Notice of Opportunity for Hearing, Notice of Summary Suspension or Notice of Automatic Suspension of their nursing license by certified mail.  This is not a final decision by the Board.  These Notices outline the charges that the Board has alleged against you.

If you receive notification from the post office that you have a certified letter from the Nursing Board, immediately go to the post office and collect the letter as there are important time sensitive deadlines which, if not met, can have a permanent effect on your license.

If you want the Board to hear “your side of the story” you must request a hearing in writing to request a hearing by the deadline in the Notice. This can be done by following the instructions in the Notice. A request for a hearing is a simple letter sent to the Board stating that you would like a hearing. You do not need to list your defenses or reasons why you want a hearing. You simply need to state in the letter that you would like a hearing.

You only have thirty (30) days from the date the Notice was MAILED to you to request a hearing.  The 30 day time frame starts on the date that the letter was mailed to you and not on the date that you received the letter. Failure to request a hearing will prevent you from providing any evidence on your behalf to the Board.

I am often asked “why should I even request a hearing … the Board has already made a determination.” This is not correct.  These Notices only list allegations raised against you.  While the Board has conducted an investigation prior to issuing the Notice, in most cases they have only considered one side of the evidence. By requesting a hearing you will be able to present your side of the story.

Even in cases where the nurse has violated the Ohio Nurse Practice Act, by presenting your side of the story and explaining what challenges you faced or what you were thinking when the error occurred, you increase the chances of getting a lighter sanction from the Board than if you simply do not even request a hearing.

You worked hard for your nursing license. There are always two sides to any story. If you receive a Notice of Opportunity for Hearing, a Notice of Summary Suspension, or a Notice of Immediate Suspension, request a hearing within the deadline and make sure the Board hears your side of the story before they make a final determination.

You should also consider hiring experienced legal counsel to defend you before the Nursing Board. When considering how to hire an attorney, check out my previous post on “How to Hire an Attorney”.  Your livelihood depends on you finding experienced legal counsel that you trust to help in your defense.

As always, if you have any questions about this post or the Ohio Board of Nursing in general, feel free to contact me at (614) 486-3909 or email me at beth@collislaw.com.

Nursing Board Consent Agreements Are Binding Contracts and Generally Can Not Be Changed

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A Consent Agreement is a written contract between a nurse and the Ohio Board of Nursing. A Consent Agreement is a voluntary agreement that outlines the discipline that will be imposed against a nurse. A Consent Agreement is similar to a plea bargain in a criminal case. The nurse agrees to certain disciplinary conditions, in lieu of proceeding to an administrative hearing before the Board. By entering into the Consent Agreement, the nurse generally admits to certain misconduct and agrees to comply with certain disciplinary terms.

It is important to keep in mind that once you enter into a Consent Agreement, you are required to complete all terms. Depending on the specific language of the Consent Agreement, you can, in certain circumstances, request modifications to a Consent Agreement after a period of time. However, if the Consent Agreement does not specifically provide that the Consent Agreement may be modified, generally you cannot “get out” of or change the terms of the Consent Agreement.

In most cases, for the probationary period to toll, the nurse needs to work in a position where a nursing license is required. Consent Agreements typically always provide that any time that the nurse is not employed in a nursing position will not reduce the probation or monitoring period.

Generally, once you enter into the Consent Agreement, the only way to “get out” of the Agreement is to comply with its terms. Often nurses have “buyer’s remorse” when they enter into a Consent Agreement and after several months, they no longer want to comply with the terms of the Consent Agreement. However, in most cases, unless the nurse has complied with all the terms of the Consent Agreement the probationary period will not be lifted or modified.

Also, at the end of the probation period, the Consent Agreement does not automatically end. The nurse needs to affirmatively request to be released from all probationary terms of the Consent Agreement.

Consent Agreements are contracts entered into between the nurse and the Board of Nursing. As you may be subject to compliance terms for many months, years, or even indefinitely, it is imperative that you understand the terms of the Consent Agreement BEFORE you sign it.

You worked hard for your professional license. As I have said in previous posts, prior to entering into any agreement with the Ohio Board of Nursing, it is important that you seek experienced legal counsel to assist and represent you.

As always, if you have any questions about this post, or about the Ohio Board of Nursing in general, feel free to contact at me (614) 486-3909 or email me at beth@collislaw.com.

Yes, you must disclose your DUI on your nursing license renewal form

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This spring, all LPNs will renew their licenses in Ohio. To renew your license, you should have been sent information by mail that will allow you to renew your license on-line. If you have not received renewal information, you can contact the Nursing Board at renewal@nursing.ohio.gov and you will be mailed a paper renewal form.  All renewals must be submitted by the deadline (June 30) to avoid a late fee. For renewal instructions go to: http://www.nursing.ohio.gov/PDFS/Licensure/2012_LPN_Renewal_Instructions.pdf

On the renewal form, you will be asked a series of questions. One question that seems to concern many nurses that I am routinely asked about is the following question:

Yes or no. Do you have a  “misdemeanor in Ohio, another state, commonwealth, territory, province or country. This does not include traffic violations unless they are DUI/OVI. (Ohio Board of Nursing 2012 Renewal application, emphasis add)

If you have a DUI, even if it was reduced to a reckless operation of a vehicle, you must check YES. Even if your case has been sealed or expunged or is in another state,  … you need to check YES. A DUI or reckless operation charge is a misdemeanor and is not a simple traffic violation. Traffic violations that do not typically have to be disclosed are things like “rolling a stop sign” or “going 45 in a 35 mph zone”. However, any DUI/OVI related traffic violation should be disclosed to the Nursing Board at the time of renewal.

If you have been convicted of a misdemeanor DUI or alcohol related reckless operation of a vehicle, the Board has the authority to take a disciplinary action, including suspending your nursing license, placing your license on probation,  or placing a restriction on your license.

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.

What do I do when contacted by a Nursing Board Investigator?

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In my practice I receive calls each week from nervous and frightened nurses who have been contacted either by telephone or letter from a Nursing Board or even Pharmacy Board investigator.  The question I am always asked is:

Do I have to talk with the investigator?

First, never speak with investigators without competent legal counsel. Anything you tell an investigator can be used in a disciplinary action against you by your licensing board and/or by the police in a criminal investigation.

Depending on the facts in your case, sometimes I advise clients to speak with investigators or to provide a written statement to their licensing board regarding an alleged complaint. However, I never have my clients meet with investigators without legal counsel and I never allow my clients to submit written statement that I have not had a chance to review.

Also, don’t allow the investigator to set the timing for when you will respond to them. I am often contacted by nurses who have been contacted by an investigator from the Ohio Board of Nursing and advised that they need to meet with the investigator or submit a written statement to the investigator within 24 or 48 hours.  These deadlines or almost always negotiable. Do not allow the investigator to rush you into providing them with the statement until you have had a chance to meet with legal counsel.