Ohio RNs – License Renewal Time!

On July 1, 2017, the renewal window opened for registered nurses in Ohio.  The sooner you renew, the better.

 Cost and Timing:

Prior to September 15, 2017, the fee to renew your RN license is $65.00.  An RN Renewal Application filed after September 15, 2017 will also include a $50.00 late fee.  The RN license renewal window closes October 31, 2017.  After October 31, 2017, your RN license is considered by the Ohio Board of Nursing (“Nursing Board”) to have lapsed and you are unauthorized to practice nursing in Ohio until reinstated. 

For instructions on renewing your RN license and to review the questions in the RN Renewal Application go to: http://www.nursing.ohio.gov/PDFS/Forms/Samples/SAMPLE-RN_Renewal_App-2017.pdf

 When you are ready to renew your RN license, go to: http://www.nursing.ohio.gov/forms.htm#RenewalForms

Questions on the RN Renewal Application:

The RN Renewal Application includes, but is not limited to, questions concerning your employment, residency status, Social Security number, criminal matters, medical or mental health matters, and substance abuse matters.  You are required to answer all questions on the RN Renewal Application truthfully and accurately.  Additionally, there are certain instances where you are required to upload with your RN Renewal Application specific documents and a written statement explaining your response to a particular question(s) in the RN Renewal Application.

 Based on the response(s) in your RN Renewal Application, the Nursing Board may open an investigation.  If an investigation is opened, you may be contacted by a Nursing Board investigator by phone or email requesting additional information or documentation concerning your response(s). 

If you do not understand a particular question(s) in the RN Renewal Application, or do not know what additional information to submit to the Nursing Board in support of your RN Renewal Application, it is recommended to obtain experienced legal counsel to assist you with preparation of your response or before speaking with a Nursing Board investigator. 

As always, if you have any questions about this post or the Ohio Board of Nursing, contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or go to our website at http://www.collislaw.com for more information.

Ohio Board of Nursing – Mandatory Disqualifying Offenses

Prior to going through the time, effort and expense of attending nursing school you should know if you are eligible to be licensed as a nurse if you have convicted of a crime.

Under Ohio Revised Code (“ORC”) Section 4723.092, there are certain offenses, for which individuals are ineligible for licensureORC Section 4723.092 provides:

“An individual is ineligible for licensure under section 4723.09 of the Revised Code or issuance of a certificate under section 4723.651, 4723.75, 4723.76, or 4723.85 of the Revised Code if a criminal records check conducted in accordance with section 4723.091 of the Revised Code indicates that the individual has been convicted of, pleaded guilty to, or had a judicial finding of guilt for either of the following:

(A) Violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code;

(B) Violating a law of another state, the United States, or another country that is substantially similar to a law described in division (A) of this section.”

Licensure under ORC Section 4723.09 applies to licensure by examination to practice as a registered nurse or as a licensed practical nurse, or (ii) by endorsement to practice nursing as a registered nurse or as a licensed practical nurse.  The certificate referred to in ORC Section 4723.651 is a medication aide certificate.  The certificate referred to in ORC Section 4723.75 is a certificate to practice as a dialysis technician.  The certificate referred to in ORC Section 4723.76 is a certificate to practice as a dialysis technician intern.  The certificate referred to in ORC Section 4723.85 is a community health worker certificate.

An individual who has been convicted of, pleaded guilty to, or has a judicial finding of guilt for violation of any of the following offenses, or for violating a law of another state, the United States, or another country that is substantially similar to any of the following offences, is ineligible for licensure by examination or by endorsement to practice nursing as a registered nurse or as a licensed practical nurse in Ohio, or for a medication aide certificate, a dialysis technician certificate, a dialysis technician intern certificate, or a community health worker certificate in Ohio:

ORC Sections:

2903.01 – Aggravated Murder

2903.02 – Murder

2903.03 – Voluntary Manslaughter

2903.11 – Felonious Assault

2905.01 – Kidnapping

2907.02 – Rape

2907.03 – Sexual Battery

2907.05 – Gross Sexual Imposition

2909.02 – Aggravated Arson

2911.01 – Aggravated Robbery

2911.11 – Aggravated Burglary

If you have been convicted of a crime that is Not on this list, you will still be required to disclose the conviction on  your application for licensure. The Nursing Board will review each application on a case by case basis and determine if you will be granted a license.

Even if you have been convicted of a crime NOT listed above, the Nursing Board may choose to deny you an Ohio nursing license or may issue you a license on probation or require you to submit to a period of random drug testing when first licensed. Unfortunately, the Nursing Board will not determine if your license will be denied or limited until you complete nursing school and submit an application. So, if you have a conviction on your record, you should carefully consider whether you want to attend nursing school.

As always, if you have any questions about this post or the Ohio Board of Nursing, contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or go to our website at http://www.collislaw.com for more information.

How a DUI may affect your Ohio nursing license

Happy New Year!

Over this holiday weekend, I have received calls from several health care professionals who have been charged with a DUI inquiring how or whether a criminal charge may affect their license to practice as a nurse in Ohio.

First, it is important to understand that the Ohio Nursing Board may take a disciplinary action against a nurse for certain criminal convictions, even if the charge does not relate to the practice of nursing. Second, it is important to understand that a DUI is not considered a “minor traffic violation”.  A DUI, even if reduced to a lesser offense, such as disorderly conduct or reckless operation of a vehicle, is still of concern to the Nursing Board and may result in a sanction to the nurse’s professional license.

If you have been charged with a DUI, you should seek competent legal counsel to assist you through the criminal case process.  In certain instances, you may be accepted into a treatment program which, if successfully completed, may result in no criminal conviction or the charges may be reduced to a less serious offense.

A conviction for a DUI or certain other criminal offenses may result in negative consequences for your professional license.  While you are not required to immediately notify the Ohio Nursing Board that you have been charged with or convicted of a criminal offense, you may need to disclose the criminal matter when you renew your professional license, depending on the matter.  At the time you renew your license, you should consider hiring legal counsel to assist you to accurately respond to the questions on the renewal application and to prepare any documents necessary or required by the renewal application.

The way in which the Ohio Nursing Board handles your criminal case will depend on a variety of factors.  In determining what sanction, if any, that the Ohio Nursing Board might impose, the Ohio Nursing Board will consider factors including but not limited to the following:

  • the seriousness of the matter;
  • whether the matter relates to your professional practice;
  • whether the matter is your first criminal matter; and
  • whether you fully cooperate and complete any requirements of the Court.

Depending on the circumstances of your matter, the Ohio Nursing Board can order the nurse to submit to a chemical dependency assessment to determine if treatment is needed and/or can require the nurse to submit to a period of random drug testing.  Additionally,  the Ohio Nursing Board has the authority to suspend a nurse’s license and/or can place the nurse on probation.

If you need treatment, you should obtain comprehensive treatment. The Ohio Nursing Board does not maintain an approved list of treatment providers.  The nurse may choose any treatment center that will provide them with the treatment needed for their addiction.

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 at 614-486-3909 or email me at beth@collislaw.com.

Licensed Practical Nurses: Your Ohio Nursing License Renewal Period Ended October 31, 2016

October 31, 2016 was the deadline for a licensed practical nurse (LPN) to renew their Ohio LPN nursing license with the Ohio Board of Nursing.

If you are an LPN who did not renew your Ohio LPN nursing license by the October 31, 2016 deadline, your Ohio LPN nursing license is now lapsed. You may check the status of your license at the following link:

https://elicense.ohio.gov/OH_HomePage

As long as your Ohio LPN nursing license is lapsed, you are not authorized to practice nursing in Ohio. The Ohio Board of Nursing can take a disciplinary action against a LPN for engaging in the practice of nursing in Ohio having failed to renew their Ohio LPN nursing license.

If your Ohio LPN nursing license has lapsed and you want to be authorized to work as an LPN in Ohio, you must submit an online application to reinstate your Ohio LPN nursing license, which will require Ohio Board of Nursing review.

As always, if you have any questions about this post or the Ohio Board of Nursing, contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or go to our website at http://www.collislaw.com for more information.

Ohio LPNs experience difficulties renewing licenses with new online system

LPNs who are renewing their nursing licenses in Ohio this year are required by the Ohio Board of Nursing to renew online. The Ohio Board of Nursing will no longer accept paper renewal or initial licensure applications. All applications must be submitted online.

However, as WSYX Channel 6 Investigative Reporter Brooks Jarosz discovered, the new online application process has not been without problems. See Jarosz’s report: http://abc6onyourside.com/investigators/technical-problems-persist-for-nurses-license-renewal

In order to start the renewal process, each nurse should have received a letter from the Nursing Board with their Log In ID. If a nurse moved since their last renewal and has not updated their address with the Nursing Board, the nurse may not have received their Log In ID. In Ohio, nurses are required to maintain a current address with the Nursing Board. Nurses can update their address at the Nursing Board’s website. The Nursing Board will not accept emails or a letter advising of a new address.

There are 58,000 licensed LPNs in Ohio. Ohio LPN licenses which have not been renewed timely lapse on November 1, 2016. If you have not timely renewed your Ohio LPN license, you MAY NOT WORK ON AN EXPIRED OR LAPSED LICENSE.

Do not wait until the last minute to attempt to renew your license. After September 15, you will be charged a late fee in connection with your renewal application.

To check on the status of your license, visit the Nursing Board’s online license verification page at: https://elicense.ohio.gov/oh_verifylicense

As always, if you have any questions about this post or the Ohio Board of Nursing, contact one of the attorneys at the Collis Law Group LLC at 614-486-3909 or email me at beth@collislaw.com.

Although legal in other states, nurses have been disciplined for testing positive for marijuana in Ohio

Twenty-five states and the District of Columbia have legalized marijuana in some form.  Four states and the District of Columbia have legalized marijuana for recreational use.  Some states allow residents to possess up to one ounce of marijuana and to even grow up to six plants.  While there have been various marijuana initiatives in Ohio, to-date it is illegal to possess, sell, or cultivate marijuana in Ohio.

Historically, the Ohio Board of Nursing has taken a strong position against marijuana usage.  For example, where a positive test for marijuana in an employment drug screen is reported to the Board, the Board routinely places the nurse on probation for a period of at least one year, which typically includes random drug testing and can include narcotics as well as practice restrictions.

Even if a nurse has traveled outside of Ohio and consumed or smoked marijuana in a State where it is legal, if the nurse returns to Ohio and is reported to the Board for a positive drug screen, the nurse should expect to be subjected to discipline by the Board.

In our practice, we have seen nurses reported to the Board because they failed pre-employment drug tests who were subjected to discipline including at least one year random drug testing.  A nurse does not have to be actively practicing nursing in order be found by the Board to be impaired. By simply testing positive for marijuana, a nurse can be subjected to discipline.  Employers are required by law to report to the Board any suspected violation of the Ohio Nurse Practice Act.

Before you consider using marijuana on your next trip to Colorado or Washington, realize that if you test positive on a drug screen – even weeks later when you return to Ohio – you should anticipate that you will be reported to the Board and subjected to discipline.

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

 

What To Look for in a Defense Attorney

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.