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.

Ohio RNs, if you waited to renew your license at the last minute it may have expired!

If you are a Registered nurse in Ohio, you were required to renew your nursing license by August 31, 2015. This year, all renewals are required to be filed online. This caused many problems for nurses who could not access the Board’s online renewal system, did not have their access code and password,  or who responded “Yes” to any of the renewal questions.

Nurses who responded “Yes” to any of the renewal questions were not renewed by the Board, but were requested to supplement their renewal with a written explanation and documents to support the affirmative response. Until the nurse submitted the supplemental information to the Nursing Board, their renewal was considered “incomplete” and their license was not renewed.

On September 1, 2015, if your nursing license was not renewed, it expired. You May NOT work as a nurse until your nursing license has been renewed!

As you can imagine, in the days leading up to the August 31 expiration date, the Nursing Board was swamped with nurses attempting to renew their licenses. Given the volume, many licenses were not renewed. This is the message that was issued by the Nursing Board:

From the OBN website:

ALERT: eLicense Renewal System, August 31, 2015

Due to an Ohio eLicense systems issue, some registered nurses who submitted renewal information on or about August 31, 2015, have not been processed. If a license credential indicates “ACTIVE IN RENEWAL – INCOMPLETE”, the license renewal application should be processed by 5:00 pm on September 2, 2015. If you have questions about a license in this status after August 31, please email: incompleterenewal2@nursing.ohio.gov. The State IT group is working diligently to resolve this system issue. We regret the difficulties you are experiencing.

In the future, we highly encourage nurses to complete their renewals in June or July and not wait until the week their license is set to expire.

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 Collis Law Group at 614-486-3909 or email me at Beth@collislaw.com.